(CRESTVIEW, Fla.) — A circuit court judge granted a former Florida deputy $100,000 bond for pre-trial release on Thursday in connection with the shooting death of U.S. Air Force Sr. Airman Roger Fortson who was killed in his own home in May.
Eddie Duran, 38, was denied pretrial release in his first court appearance on Tuesday at the Okaloosa County Circuit Court. In Thursday’s hearing, Duran, who appeared before a judge, avoided the $250,000 bond amount asked by the state but was denied the $10,000 requested by his attorneys, according to local ABC affiliate WEAR.
The Okaloosa County Circuit Court ruled that Duran cannot possess any firearms, come into contact with Fortson’s family or leave the First Judicial Circuit area of Florida, WEAR reported. The court did not require Duran to wear a GPS monitor, the report noted.
“Former Okaloosa Deputy Eddie Duran, his family, and our entire defense team extends condolences to the family and friends of Airman Roger Fortson as they mourn his tragic death,” Rod Smith, Duran’s attorney, said in a statement to ABC News after the hearing Thursday. “There will be no doubt that on May 3, 2024, Airman Fortson knew of, and was plainly angered by, the presence of law enforcement at the front door of his apartment. It was Airman Fortson who, after being made aware that a law enforcement officer was at his door, chose to arm himself with a semi-automatic pistol before responding to the deputy.”
Duran’s arrest on Monday came after the Florida state attorney filed one count of manslaughter with a firearm against him last Friday. The charge carries a maximum sentence of 30 years.
Fortson, 23, was in his home in Fort Walton Beach, Florida, on May 3 when Duran responded to the apartment for a call reporting a domestic disturbance, according to the Okaloosa County Sheriff’s Office. Fortson was alone in the apartment at the time, police said.
In body-worn camera footage released by the sheriff’s office, Fortson is seen holding a gun in his right hand with his arm extended downward and the muzzle pointing at the floor as he opens the door in response to the deputy, who can be heard announcing twice that he’s with the sheriff’s office.
The footage, reviewed by ABC News, also shows Fortson had his left hand up, palm showing, gesturing towards the deputy when he opened the door. Duran shot Fortson within seconds of the door opening, according to the footage. Fortson died of his injuries.
The deputy said he saw Fortson armed with a gun and claimed that Fortson took a step toward the deputy and had a look of aggression in his eyes, according to an interview Duran conducted with the sheriff’s office during their subsequent investigation.
“We believe very strongly that he’s entitled to a good defense, and we look forward to our day in court,” Smith, who joined the case as part of the defense team for the nonprofit Florida Deputy Sheriffs Association, told ABC News in a phone call prior to the hearing on Thursday. “We strongly dispute the decision by the office of the state attorney to file on this case. Our view of the evidence does not support that he committed a crime defending himself, standing his ground while trying to enforce the law.”
Duran was terminated in May, according to a May 31 sheriff’s department statement obtained by ABC News.
Fortson’s girlfriend, who asked not to be identified due to fears for her safety, spoke in May to Atlanta ABC affiliate WSB-TV, telling the station her and Fortson were having a conversation on the phone when the shooting occurred.
“We continue to wish Mr. Fortson’s family comfort and peace, as the former deputy’s criminal case proceeds,” the Okaloosa County Sheriff’s Office previously told ABC News in a statement. “We stand by our decision to terminate Mr. Duran as a result of the administrative internal affairs investigation that found his use of force was not objectively reasonable.”
A sweep of the home did not find another person in the apartment besides Fortson, police said. In the body camera video, a woman, presumed to be a building manager, explains to the officer that someone in the building notified her of the disturbance and that she called police.
Fortson’s family said in a statement to ABC News last Friday that the charges marked a “first step towards justice” in the case.
“Nothing can ever bring Roger back, and our fight is far from over, but we are hopeful that this arrest and these charges will result in real justice for the Fortson family,” the statement said. “Let this be a reminder to law enforcement officers everywhere that they swore a solemn oath to protect and defend, and their actions have consequences, especially when it results in the loss of life.”
According to Smith, Duran will post bond later Thursday.
ABC News’ Sabina Ghebremedhin contributed to this report.
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