The three-day immunity hearing for former Okaloosa County Deputy Eddie Duran ended Wednesday morning after the last defense witnesses were called to the stand.
Judge William Stone will make his ruling after attorneys on both sides submit closing arguments and proposed findings of fact. Those documents are to be submitted by Aug. 14.
Duran took the stand Tuesday and gave his account of what happened on May 3, 2024, when he arrived at the Chez Elan Apartments in Fort Walton Beach.
The former deputy said he believed, based on the information he was given, that he was responding to a domestic disturbance, which are considered high-risk calls in law enforcement. He was led to the apartment of Senior Airman Roger Fortson after a call was made to the OCSO non-emergency line about an argument that sounded physical coming from the apartment block.
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Duran said he listened at the door of Fortson’s apartment and did not hear anything. He believed someone could be in danger from previous experiences, he said. After knocking, Duran said he believed he heard profanity and the word “police.” After a third knock, Fortson answered the door. In body camera footage, Fortson is holding a gun pointed down at his side, but Duran said he observed the gun held at a 45-degree angle.
Duran also said he observed “frustration, aggression” in Fortson’s eyes, but that Fortson’s failure to comply with orders “along with the firearm” were reasons why he fired.
He said he believed Fortson was going to shoot him.
“I’m dead. I’m about to be shot,” Duran said of the thoughts he had when Fortson opened the door.
Duran shot Fortson five times.
“I felt every emotion anyone could feel,” he said. “I just hated it. I was scared, angry, terrified.”
In cross-examination, First Judicial Circuit Assistant State Attorney Mark Alderman questioned Duran about the information he received about the call, noting it was fourth-party information, which can be inaccurate. Alderman also noted that calls were in reference to a “physical disturbance” and were vague. Duran said he could “only go off what I have.”
In an affidavit, Duran referred to Fortson as an assailant, which Alderman questioned him about. Duran said it was a description he generally used, but that Fortson was an assailant because he did not comply.
Other defense witnesses gave their assessments on Duran’s use of deadly force. Lewis Kliem, a use-of-force expert who was retained by OCSO to review the incident, said his opinion was that Duran acted reasonably. OCSO fired Duran on May 31, 2024, after an internal investigation and determined that the fatal shooting was “excessive and violated agency policy.”
Kliem said his analysis was that the incident was “not even a close case from a legal standpoint” and that Fortson posed an imminent threat.
Massad Ayoob, an expert in dynamics of violent encounters, reviewed the case and even met with Duran at the scene of the shooting. He testified that Fortson had the advantage by holding his gun versus Duran’s holstered gun. In a video presentation, he demonstrated how quickly Duran could’ve been hypothetically shot — a little over a quarter of a second.
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In cross-examination, Alderman pointed out that Fortson made no effort to harm Duran.
Ayoob said Duran had “nowhere to go” as far as fleeing any potential dangers based on where Fortson’s apartment was situated. He also testified that Duran waiting for backup wouldn’t have changed the situation.
“(Fortson) would’ve been shot by two deputies instead of one,” Ayoob said.
After hearing from one last defense witness Wednesday, Attorney Rod Smith urged the court to dismiss Duran’s murder charge and said that the defense team had established a prima facie claim of immunity under Florida’s Stand Your Ground Law.
But Judge Stone said it would’ve been “imprudent” to make a ruling today without making rulings on evidentiary issues. At this time, a trial date is set for Sept. 28 at the Okaloosa County Courthouse in Fort Walton Beach.
