Duran listed himself as Hispanic on his voter registration, and the charging documents released Friday also identify him that way.
After repeated knocking, Fortson opened the door while holding his handgun at his side, pointed down. Authorities say that Duran shot him multiple times; only then did he tell Fortson to drop the gun.
On Friday, candles and framed photos of Fortson in uniform graced the doorway of the apartment where he was killed.
Okaloosa Sheriff Eric Aden fired Duran on May 31 after an internal investigation concluded his life was not in danger when he opened fire.
Duran’s attorney, John Whitaker, did not immediately respond to a phone call and email seeking comment.
It is highly unusual for Florida law enforcement officers to be charged for an on-duty killing — it has only happened four times in the last 35 years before Friday. Even then, only one of those officers has been convicted.
The U.S. Supreme Court has given law enforcement officers “qualified immunity” for their on-duty actions, making it difficult to charge and convict them for questionable shootings. The court says that officers can only be convicted if the evidence shows that their conduct was illegal and they should have known they were violating “clearly established” law.
Duran began his law enforcement career as a military police officer in the Army. He was hired by an Oklahoma police department in 2015 after his military discharge. He joined the Okaloosa County sheriff’s office in 2019, but resigned two years later and then rejoined the sheriff’s office in 2023.
Okaloosa personnel records show he was reprimanded in 2021 for not completing his assignment to confirm the addresses of three registered sex offenders by visiting their homes. Then assigned to a high school as its on-campus deputy, he was also disciplined that year for leaving the school before the final bell and the students’ departure. Florida law requires that an armed guard be on campus when class is in session.
In a statement Friday, the sheriff’s office said it stands by its decision to terminate Duran and has been “fully accountable and transparent” throughout the case.
The apartment complex where Fortson lived is about 8 miles (13 kilometers) from Hurlburt Field, where Fortson was assigned to the 4th Special Operations Squadron as a special missions aviator serving on an AC-130J Ghostrider gunship.
Duran went to the apartment complex on May 3 after getting the domestic disturbance call. Duran met an apartment manager who directed him to Fortson’s fourth-floor unit, telling him there had been frequent arguments, the deputy’s body camera video shows. But Fortson, who had no criminal record, lived alone and had no guests that afternoon. He was on a video call with his girlfriend, who told investigators they had not been arguing. She said Fortson was playing a video game.
Also, 911 records show deputies had never been called to Fortson’s apartment previously but they had been called to a nearby unit 10 times in the previous eight months, including once for a domestic disturbance.
When Duran arrived outside Fortson’s door, he stood silently for 20 seconds and listened, but no voices inside are recorded on Duran’s body camera video.
He then pounded on the door, but didn’t identify himself. He then moved to the side of the door, about 5 feet away (1.5 meters). He told investigators he feared that the person inside might fire through the door or open the door and push him over the rail and to the ground about 40 feet (12 meters) below.
He waited 15 seconds before pounding on the door again. This time he yelled, “Sheriff’s office — open the door!” He again moved to the side. A muffled voice can be heard on the video — Duran said he heard someone cursing at the police.
Less then 10 seconds later, Duran moved back in front of the door and pounded again, announcing himself once more.
Fortson’s girlfriend told investigators that the airman asked who was there but did not get a response. She said Fortson told her he was not going to answer the door because no one comes to his apartment. She said neither of them heard the deputy yell that he was with the sheriff’s office.
After the third knock, she said Fortson told her, “I’m gonna go grab my gun because I don’t know who that is.”
When Fortson opened the door holding his gun, Duran said “Step back,” and then two seconds later
began firing. Fortson fell backward onto the floor.
Only then did the deputy yell, “Drop the gun!”
Fortson replied, “It’s over there.”
The deputy called for paramedics, but Fortson died a short time later at the hospital.
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Anderson reported from St. Petersburg, Florida; Martin reported from Atlanta. Terry Spencer in Fort Lauderdale, Florida, contributed to this story.
