A judge on Thursday granted bail to a Florida sheriff's deputy who was fired and charged with manslaughter after he shot and killed senior U.S. Air Force soldier Roger Fortson at his apartment door.
Former Okaloosa County deputy Eddie Duran, 38, faces up to 30 years in prison if convicted of manslaughter with a firearm, a rare charge against a police officer in Florida. Duran's body camera recorded him shooting Fortson, 23, on May 3 immediately after he opened the door while holding a handgun pointed at the ground.
Thursday's hearing was held before Judge Terrance R. Ketchel, who was appointed trial judge in Duran's case. Ketchel set bail at $100,000 and said Duran is not allowed to possess a firearm or leave the area, but he is not required to wear a GPS tracker.
Duran had been ordered to remain in custody pending a detention hearing on Thursday, despite arguments from his attorney, Rodney Smith, who said there was no reason to send him to prison.
“He has spent his entire life … his entire career and his military career saving people and helping them,” Smith said at Thursday's hearing. “He is not a danger to the community.”
Duran has been homeschooling his six children for the past few months while he was unemployed and his wife worked full time, Smith said.
The Okaloosa County Sheriff's Office initially said Duran fired in self-defense after encountering a man with a gun. But Sheriff Eric Aden fired Duran on May 31 after an internal investigation concluded his life was not in danger when he opened fire. Outside law enforcement experts have also said an officer cannot shoot just because a possible suspect is holding a gun if there is no threat.
Duran responded to a report of a physical altercation at an apartment in the Fort Walton Beach complex. An employee there identified Fortson's apartment as the location, sheriff's investigators said. At the time, Fortson was alone in his apartment, talking to his girlfriend on a FaceTime video call, which captured audio of the altercation. Duran's body camera video showed what happened next.
After repeated knocks, Fortson opened the door. Authorities say Duran shot him multiple times and only then ordered Fortson to drop the gun.
Duran told investigators that he saw the aggression in Fortson's eyes and fired because “I'm standing there thinking I'm about to get shot, I'm about to die.”
At Thursday's hearing, Smith said his team had cooperated with authorities, saying: “We've extradited him. He's not going anywhere.”
Smith confirmed that there is video evidence of the shooting and that the case is attracting national interest.
“We know we have defenses that we will assert … qualified immunity, stand-your-ground, as is the case in law enforcement,” Smith said.
The fatal shooting of the Georgia pilot was just one of many cases of black people being killed by police in their own homes. It also reignited the debate over Florida's “Stand Your Ground” law. Hundreds of Air Force members in uniform attended his funeral along with Fortson's family, friends and others.