Judge William Stone has denied the motion to dismiss the case against former Okaloosa County Deputy Eddie Duran.
In a document filed on Friday, Sept. 11, Judge Stone said the defendant “failed to present prima facie claim of self-defense immunity.”
Last month, a three-day hearing was held as defense attorneys tried to make the case for immunity under Florida’s Stand Your Ground law. Duran, who is charged with first-degree manslaughter for the killing of Senior Airman Roger Fortson, said he believed he was about to be shot when Fortson opened his door on May 3, 2024, with a gun at his side.
However, in the order denying the motion, Judge Stone said the display of a firearm is considered “non-deadly force as a matter of law.”
“From an objective standpoint, considering all the circumstances, not just the fact that Senior Airman Fortson held a firearm in his hand when he opened his door — a reasonably cautious and prudent person would not use deadly force,” the motion said.
In the order, Judge Stone said the defense’s stance that Fortson answering the door with his firearm in hand is “contrary to clear, long-standing constitutional and statutory rights regarding lawful firearm ownership.”
“The defense's criticism appears to be based on this flawed premise: When a law enforcement officer knocks on a door and announces his or her presence as a law enforcement officer, the occupant(s) on the other side of the door forfeit constitutional and statutory rights regarding firearm possession,” Stone wrote. “To be clear, while this Court does not suggest that citizens should generally answer the doors of their homes while holding a firearm, a citizen absolutely does not forfeit constitutional and statutory rights when a law enforcement officer knocks and announces law enforcement presence, without other circumstances being present.”
On Monday morning, Duran’s defense team, led by Ron Smith along with Michael Flowers and John D. Whitaker, filed a motion to stay to allow for the pursuit of a writ of prohibition, which would stop future proceedings. The defense team also filed a motion to disqualify or recuse Judge Stone, claiming he was biased in his motion to deny immunity by describing Fortson as “a combat-decorated member of the United States Air Force who was well-respected and considered to be an exceptional athlete, student, and valued Ghostrider special missions aviator.”
The defense team said the state would have “rightfully” objected to testimony about “Deputy Duran’s prior military service and accomplishments.”
The next pretrial date is Sept. 22. As it stands now, a trial date is set for Sept. 28 with Judge Stone presiding. He is the third judge to preside over the case.
Roger Fortson’s mom, Meka, traveled from her home in Atlanta to be in court Monday with her family. She said she felt “relieved” to know the case was going to trial.
“I’m not going to say I’m happy, because at the same time, it’s still two lives affected by a bad choice,” she said.
More than two years after her son’s death, the trial would bring some closure.
“It’s going to make it final for me as a mother,” she said. “I guess that’s when I’ll see what type of life I’m going to have. The more and more we go to trial, the more I realize that my baby is really gone.”
Outside the courtroom, about a dozen people chanted “Justice for Roger Fortson.” Rev. Dr. Felix Cole of Beulah First Baptist Church in Fort Walton Beach said a prayer.
“As we seek justice for Roger and for all the other families who have been taken from us, God give us the strength to endure,” he said. “So, God, we stand in your shadow doing the work you have called us to do until justice rolls down like water.”
Some who stood with Meka traveled from South Florida and have been to all court proceedings since last year. Tracy Washington from Bradenton said she shows up to stand with Meka, but also for her son, Breonte Johnson Davis, who died two years ago while in police custody following a mental health crisis.
“This is personal to me,” she said.
Washington noted it’s rare for similar cases to “get this far,” that is, to trial. There is a high legal threshold to prove excessive force by a law enforcement officer.
To see justice for Roger Fortson is “a win for all,” she said
