FORT WALTON BEACH, Florida — Civil rights attorney Ben Crump announced a wrongful death lawsuit on behalf of the family of a U.S. airman from metro Atlanta who was shot and killed at his apartment by a Florida deputy last year.

The deadly shooting happened in Okaloosa County, Florida, on May 3, 2024. The complaint accuses the deputy involved, Eddie Duran, of using “excessive and unconstitutional deadly force” when Roger Fortson was killed, a news release from the law firm states. 

Crump Fortson’s family gathered Tuesday at Greater Peace Baptist Church in Fort Walton Beach, Florida to announce the federal civil rights lawsuit. They said Fortson would have celebrated his 24th birthday.

“Your baby represented the best of us. He served his family, he served his community and his country,” said Crump said. 

Crump stated Fortson’s family and attorneys believe the Okaloosa County Sheriff’s Office engaged in excessive force and negligence in his death as an alleged result of a “pattern and practice.” 

The lawsuit, Crump said, also named the apartment complex where Fortson lived, accusing them of negligence, for allegedly providing misleading information that led to the deadly shooting. A worker at the complex identified Fortson’s apartment as the location of a loud argument, according to sheriff’s investigators.

“Roger Fortson’s life mattered. They [the apartment complex] can not wash the blood off their hands,” Crump stated.

Fortson’s mother, Chantemekki, reflected on her son’s death at the news conference on Tuesday. 

“I want accountability because he was 23. I want accountability because he had life ahead of him. I want accountability because he was in his home. I want accountability because Florida gave him a permit for the gun that he had pointing down,” she said. 

Watch her full remarks below. 

Below is a breakdown of the case.

On May 3, 2024, the Okaloosa County Sheriff’s Office was contacted to respond to a call about a disturbance. An employee at the Elan Apartments in the Florida Panhandle community of Fort Walton Beach called deputies saying a resident reported a loud argument.  

It was said that it “sounded like it was getting physical” and that “it happens often.” She told authorities the disturbance was coming from a fourth-floor apartment. 

The apartment number she gave deputies was Fortson’s — but he was home alone. He was also on a FaceTime video call with his girlfriend.

Duran’s body camera video showed what happened next when he arrived at Fortson’s apartment. 

The deputy arrived at Forston’s door and stood silently for 20 seconds outside and listened, but no voices inside were heard on his body camera. He then pounded on the door but didn’t identify himself. He then moved to the side of the door, about 5 feet away. 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. 

Less than 10 seconds later, he moved back in front of the door and pounded again, announcing himself once more.

Fortson, 23, opened the door with his legally purchased gun in his right hand. It was at his side, pointing to the ground. The deputy said, “Step back,” then immediately began firing. Fortson fell backward onto the floor.

Fortson died from his injuries at the hospital. 

Okaloosa County Sheriff Eric Aden fired Duran, saying the deputy was wrong to fire his weapon. 

“This tragic incident should have never occurred,” Aden said in his statement last year.

Months after the shooting, officials announced Duran faces a charge of manslaughter with a firearm in connection with the fatal shooting. Duran has pleaded not guilty to a charge of manslaughter with a firearm.

Fortson joined the Air Force in 2019, the same year he graduated from Ronald McNair High School in DeKalb County.  

Air Force service was a lifelong dream, and Fortson rose to the rank of senior airman. He was stationed at Hurlburt Field near Fort Walton Beach.

Fortson was assigned to the 4th Special Operations Squadron as a special missions aviator.

Material from the Associated Press contributed to this report.

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