By Rod Smith, Attorney for Eddie Duran
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Former Okaloosa Deputy Eddie Duran, his family, and our entire defense team extends condolences to the family and friends of Airman Roger Fortson as they mourn his tragic death. From the moment this case became public there have been questions and accusations regarding the circumstances and events leading to Airman Fortson’s death.
Sadly, a tragic loss of life does not alter the facts of this case, as evidenced by Mr. Duran’s body camera and the statements of the witnesses.
It is the Defense’s position that Deputy Duran’s actions were reasonable and appropriate given the information he was provided relating to the nature and urgency of what he feared to be a potentially dangerous domestic situation.
The Okaloosa County Sheriff’s Office has already released video evidence as to what actually occurred on the day in question. There will be no doubt that on May 3, 2024, Airman Fortson knew of, and was plainly angered by, the presence of law enforcement at the front door of his apartment.
It was Airman Fortson who, after being made aware that a law enforcement officer was at his door, chose to arm himself with an automatic pistol before responding to the deputy. The video confirms not only that Airman Fortson failed to inform the Deputy of having armed himself, but also opened the front door and stepped forward with an automatic pistol in his right hand.
The public has already been shown that Deputy Duran had, up to that point, not yet unholstered his weapon. It was only after seeing the automatic weapon in the hand of an upset Airman Fortson that the Deputy pulled and fired his weapon.
Eddie Duran’s actions on May 3 were entirely based upon his belief that his life was in danger. As the Florida Supreme Court has recently reminded us, a Deputy need not wait until after a weapon is discharged at him or her to decide whether to act in self-defense.
Eddie Duran, and Deputies throughout this state, recognize that when responding to a domestic call they are going into a most dangerous situation. Deputy Duran had been directed to Airman Fortson’s apartment by the manager of the complex.
The manager confirmed that she had heard prior yelling from the apartment and also pointed out Mr. Fortson’s apartment based upon statements from a person in the apartment directly below, who “sounded scared” while reporting her concerns to the manager.
Deputy Duran then went to the door of the apartment and knocked on the door to which he had been directed. After having announced he was a law enforcement officer, Deputy Duran heard a response from a voice inside the apartment which featured an expletive questioning why the police were at his door.
Even in light of what he heard, Deputy Duran drew his weapon only after being confronted by Mr. Fortson, a person who had armed himself before simply responding to what could have been nothing more than a routine effort by law enforcement to make sure that a domestic violence situation did not escalate.
For months now Mr. Duran, his wife, and his six children have been waiting for this opportunity to tell a jury not so much what happened on May 3rd but rather why it happened. In hindsight everyone, especially Mr. Duran, wishes with all their hearts that this incident had never occurred.
But that wish does not change the fact that none of us would be here if Airman Fortson had not decided to open his front door and step towards a law enforcement officer while armed with a deadly weapon.
The Office of the State Attorney has alleged that beyond a reasonable doubt, Deputy Duran did not act in fear for his life. The Defense respectfully disagrees and looks forward to our day in Court.
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Former Okaloosa Deputy Eddie Duran, his family, and our entire defense team extends condolences to the family and friends of Airman Roger Fortson as they mourn his tragic death. From the moment this case became public there have been questions and accusations regarding the circumstances and events leading to Airman Fortson’s death.
Sadly, a tragic loss of life does not alter the facts of this case, as evidenced by Mr. Duran’s body camera and the statements of the witnesses.
It is the Defense’s position that Deputy Duran’s actions were reasonable and appropriate given the information he was provided relating to the nature and urgency of what he feared to be a potentially dangerous domestic situation.
The Okaloosa County Sheriff’s Office has already released video evidence as to what actually occurred on the day in question. There will be no doubt that on May 3, 2024, Airman Fortson knew of, and was plainly angered by, the presence of law enforcement at the front door of his apartment.
It was Airman Fortson who, after being made aware that a law enforcement officer was at his door, chose to arm himself with an automatic pistol before responding to the deputy. The video confirms not only that Airman Fortson failed to inform the Deputy of having armed himself, but also opened the front door and stepped forward with an automatic pistol in his right hand.
The public has already been shown that Deputy Duran had, up to that point, not yet unholstered his weapon. It was only after seeing the automatic weapon in the hand of an upset Airman Fortson that the Deputy pulled and fired his weapon.
Eddie Duran’s actions on May 3 were entirely based upon his belief that his life was in danger. As the Florida Supreme Court has recently reminded us, a Deputy need not wait until after a weapon is discharged at him or her to decide whether to act in self-defense.
Eddie Duran, and Deputies throughout this state, recognize that when responding to a domestic call they are going into a most dangerous situation. Deputy Duran had been directed to Airman Fortson’s apartment by the manager of the complex.
The manager confirmed that she had heard prior yelling from the apartment and also pointed out Mr. Fortson’s apartment based upon statements from a person in the apartment directly below, who “sounded scared” while reporting her concerns to the manager.
Deputy Duran then went to the door of the apartment and knocked on the door to which he had been directed. After having announced he was a law enforcement officer, Deputy Duran heard a response from a voice inside the apartment which featured an expletive questioning why the police were at his door.
Even in light of what he heard, Deputy Duran drew his weapon only after being confronted by Mr. Fortson, a person who had armed himself before simply responding to what could have been nothing more than a routine effort by law enforcement to make sure that a domestic violence situation did not escalate.
For months now Mr. Duran, his wife, and his six children have been waiting for this opportunity to tell a jury not so much what happened on May 3rd but rather why it happened. In hindsight everyone, especially Mr. Duran, wishes with all their hearts that this incident had never occurred.
But that wish does not change the fact that none of us would be here if Airman Fortson had not decided to open his front door and step towards a law enforcement officer while armed with a deadly weapon.
The Office of the State Attorney has alleged that beyond a reasonable doubt, Deputy Duran did not act in fear for his life. The Defense respectfully disagrees and looks forward to our day in Court.
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The opinions reflected in this article are not necessarily the opinions of LET
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