The trial of former Okaloosa County Sheriff’s deputy Eddie Duran started this week. On Tuesday afternoon, the prosecution rested its case after testimony from several witnesses.
Duran is charged with first-degree manslaughter for the killing of Senior Airman Roger Fortson on May 3, 2024. Duran was responding to a physical disturbance call at the Elan Apartments in Fort Walton Beach when he arrived at Fortson’s apartment. Fortson was shot and killed by Duran after opening his door, holding a legally owned firearm at his side.
Duran was fired from OCSO on May 31 after an internal investigation. In August, he was arrested and charged with manslaughter, which has a maximum sentence of 30 years.
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. Judge William Stone denied the motion.
Opening statements
In his opening statement, Assistant State Attorney Mark Alderman said Fortson was alone in his apartment and did not know a deputy was at the door when he answered it.
"The evidence will show you that although Eddie Duran did not know Roger was by himself, he knew or should have known that his actions made it difficult or impossible for the person inside to know that a police officer was at his door," the prosecutor said. “Roger made no aggressive move or action. He simply opened his own front door with a gun by his side, in case he needed it. The evidence will show the shooting was not justified."
Defense attorney Rod Smith called the case a “tragedy with a tragic ending” in his opening statement. He said the incident could’ve “easily been avoided” if Fortson had answered the door after the first knock without his firearm. He said Fortson knew law enforcement was at the door.
“You're going to find that after that first knock, when he didn't identify himself, he (Duran) hears something at the door, and what he hears is two words," Smith said. "He can't hear it well. He hears 'f--k' and 'police.’ Now this is before he has even announced himself as a deputy sheriff."
READ MORE: Mother of Senior Airman Roger Fortson calls on community to demand justice for her son's death
Smith said Duran was responding to a call that “sounds like a domestic disturbance,” which can be dangerous for law enforcement. He also said Duran believed Fortson to be “aggressive and angry.”
The unedited body-worn camera footage from Duran was shown in court. As with earlier court proceedings, Fortson’s mother, Meka, excused herself from the courtroom. Judge Stone advised that anyone who could not keep composed during the video should excuse themselves.
“It’s not a criticism,” he said.
In the camera footage, Fortson is holding a gun in his right hand with his arm pointed down and his left palm up. Duran shot Fortson within seconds, a total of five shots. As Fortson was on the ground, Duran yelled for him to drop his gun. Fortson replied, “It’s over there … I don’t have it.”
Fortson later died at the Fort Walton Beach Medical Center from his injuries.
A disturbance
The court heard testimony from District 1 Medical Examiner Dr. Danielle Armstrong and Lisa Hughey, a retired crime scene investigator with OCSO. Photos of Fortson’s gunshot wounds from autopsy photos and from the investigation were shown to the court. His mother excused herself from the courtroom during these periods also.
Fortson’s girlfriend, Tytiana Hendrix, took the stand and shared what she witnessed when she was on FaceTime with Fortson. He was playing a Madden video game with headphones on one ear and talking to Hendrix, who lives in Atlanta.
She said she and Roger could not decipher the first knock and never heard Duran announce himself. Fortson looked through the peephole of his door and didn’t see anyone. He told Hendrix he was going to get his gun. He placed his phone with the camera facing upwards and answered the door. All Hendrix could see was the ceiling while she heard “a lot of commotion” and then Duran calling out “shots fired.” She heard Roger say he couldn’t breathe.
In cross-examination, defense attorney John Whitaker asked Hendrix if she and Roger could’ve been arguing and asked if Roger had yelled: “I’m sick of you lying to my face.” She said Roger never yelled at her.
Similar to testimony from last month’s immunity hearing, Elan Apartment resident Calan Sims, who lived in the apartment under Fortson, testified that she contacted the apartment’s front office to complain about upstairs neighbors arguing. She was told they couldn’t do anything, but that she could call 911. She said it had simmered down by that point and chose not to call. Alderman asked Sims if she believed someone was getting hurt, would she have opted to call the front desk or 911.
“911,” she said.
Approximately 10 minutes later, after she made the call to the front office, she heard gunshots and called 911.
Keely Rodriguez, the leasing agent at the time, called the non-emergency line, which was played for the court, after she talked to Sims to give the secondhand information. When Duran arrived at the complex, she said there was a previous disturbance about two weeks prior in the same general area. She directed Duran to Fortson’s apartment where he was alone on the phone with Hendrix.
Rodriguez guessed there are about 40 apartments in one building; the general area where she heard the disturbance could be narrowed down to about 10 apartments, she said.
Other testimonies were from OCSO deputies Ezekiel Dixon and Jacob Runge, who responded to the incident. Runge administered aid to Fortson until EMS arrived.
The trial continues Wednesday at 9 a.m. at the Fort Walton Beach Courthouse Annex Extension.
