The family of Senior Airman Roger Fortson has taken a significant step forward in their pursuit of justice for their loved one. After nearly a year of careful preparation, attorneys Brian Barr of Levin Papantonio and Ben Crump have filed a federal lawsuit seeking accountability for what they describe as an egregious and unjustified shooting.
- Background: Fortson, a decorated member of the Air Force serving as a gunner on a C-130, was killed in his own apartment on May 3, 2024, when Okaloosa County Deputy Eddie Duran responded to what turned out to be a false domestic disturbance report. The lawsuit alleges that Deputy Duran used excessive and unconstitutional deadly force when he shot Fortson multiple times just seconds after the airman opened his door.
According to attorney Brian Barr, the circumstances surrounding Fortson’s death reveal a catastrophic failure at multiple levels. Body camera footage shows that when Fortson answered his door, he had a firearm at his side – legal in Florida and pointed downward in a safe position. Despite this non-threatening stance, Deputy Duran ordered Fortson to step back and then immediately fired six shots, giving the airman no opportunity to comply.
In his interview, Barr said:
“There’s not a single thing Roger did wrong in this entire scenario.”
The attorney added, “He did nothing wrong. You have the right in Florida to have a firearm. You have the right in your home. He was reasonably in fear because of what was going on, knocking on his door.”
A Web of Responsibility
The lawsuit names not only Deputy Duran, who has been criminally charged with a felony in connection with the shooting, but also targets two other entities:
- The Okaloosa County Sheriff’s Office – The complaint alleges systematic failures in training deputies properly, with Barr noting that the department has had “a number of issues” that will be relevant to establishing liability.
- The Apartment Complex Management – Perhaps most troubling is how Fortson became the target of law enforcement attention in the first place. According to Barr, when a resident reported hearing a disturbance, apartment management provided Fortson’s apartment number “upon no verification or anything.” This despite the fact that Fortson was alone in his apartment at the time, on a FaceTime call with his girlfriend. The lawsuit alleges the property manager further escalated the situation by mentioning unrelated past incidents to the deputy while walking to Fortson’s apartment.
The case gained particular attention due to the sheriff’s initial public statements. “The Sheriff’s first press release made it look like Roger did something wrong,” Barr stated. This characterization of the shooting as justified created significant tension in the community, particularly among military personnel at the nearby base, where Fortson was highly respected.
Only after a full investigation, including review of the body camera footage, did authorities acknowledge the shooting was not justified and file criminal charges against the deputy.
A Family’s Immeasurable Loss
Beyond the legal proceedings lies the profound human impact of this tragedy. Barr spoke movingly about the special bond Fortson shared with his family and the exceptional path he had chosen in life.
- “He volunteered to join the Air Force, and he was in a special forces type unit as a gunner on a C-130. I mean, this is a highly trained individual that was making all of the right choices in life and was clearly on the right path,” Barr explained. “His family was uniquely proud of who he was, what he was doing, how he supported his family.”
The federal lawsuit will proceed in Pensacola federal court, with jurors potentially coming from anywhere between Escambia and Okaloosa counties. While anticipating potential motions to dismiss, Barr expressed confidence in the strength of their case as they move toward discovery.
- Most importantly, the family’s motivation extends beyond their own case. “Roger’s family wants more than just justice,” Barr emphasized. “Yes, they want justice. They want the people that were responsible for this to have to pay in both the criminal system and the civil system. But what they really want is to have this stop happening. This is too common in occurrence and it needs to stop.”
Why this matters: As this case moves through the federal court system, it represents not just one family’s pursuit of justice, but potentially an opportunity for meaningful change in how law enforcement interacts with the communities they serve – including the military personnel who call Northwest Florida home.
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