Former Okaloosa County Sheriff’s Deputy Eddie Duran was found not guilty of manslaughter in the fatal shooting of Senior Airman Roger Fortson.
An eight-person jury heard closing arguments Thursday before two of the alternates were removed — one of which was the sole female juror.
Duran shot and killed Fortson on May 3, 2024, responding to what he thought was a domestic dispute at a Fort Walton Beach apartment. Duran shot Fortson five times within seconds of him opening his door. Fortson was holding his gun pointed at the ground by his side.
In his testimony, Duran said he believed he was about to die and shot in self-defense. Fortson died of his injuries later that night at Fort Walton Beach Medical Center.
Duran was fired from OCSCO after an internal investigation on May 31, 2024, and was later charged with manslaughter.
In a press release from the state attorney’s office, State Attorney Ginger Bowden Madden said the office “respects the jury’s verdict” and thanked the jurors for their service.
“Our prosecutors brought this case because, after a thorough review, we believed the evidence warranted presentation to a jury. They fulfilled their independent duty professionally and in good faith under our system of justice.”
The not-guilty verdict means the State did not prove the criminal charge of manslaughter beyond a reasonable doubt to the satisfaction of every juror, the release said.
“It does not diminish the life, service, or humanity of Roger Fortson, and it does not lessen the devastating loss his family, friends, and fellow airmen endured,” the release continued.
Closing arguments
The jury deliberated for around two hours before reaching a verdict. A unanimous vote was required. After the verdict was read, Fortson’s family and supporters immediately left the courtroom.
In closing arguments, Assistant State Attorney Mark Alderman went over the afternoon of May 3. He went frame-by-frame of the body-worn camera from Duran showing how Fortson was holding a gun pointed down in his right hand when Duran shot him. He added that Fortson was still partially covered by the door as he was opening it.
Duran said he observed Fortson holding the gun in a “canted” position and with aggression in his eyes.
As defense witnesses said yesterday that it was part of training for law enforcement to avoid standing in front of doorways for their safety, Alderman countered that there is a disadvantage to that since Fortson could not know who was at his door. He said Roger’s safety should also be considered.
“You can’t say I’m going to hide for my safety and kill the person who doesn’t know you’re out there,” he said. “You can’t have it both ways.”
In his closing argument, Defense Attorney Rod Smith asked the jury to consider that Duran was at Fortson’s door because he was “obliged” to go there. He called the shooting a tragedy but said Duran acted “consistent with that he was taught to do.”
Smith said law enforcement is trained to get ahead of the “reactionary gap,” which is the time to react to violence.
“No one is trained to wait for the gun to be pointed at you,” he said.
In his final rebuttal, Alderman told the jury Fortson made no aggressive move toward Duran. In the video, he is holding his left hand up to Duran, a gesture to say “stop.”
Alderman referred back to autopsy photos and showed the bullet wounds in his left hand.
“In his last act, he pled not to be shot,” Alderman said.
Outside the courtroom, a small group of people protested the verdict.
“We were done wrong today,” said Deanna Joseph from Tampa. She has been at court proceedings to show support to Fortson’s mother, Meka.
“We tried to play by the rules,” she added. “We tried to be diplomatic about what a system should look like. This is an utter and blatant disrespect.”
