Judge denies bail to fired deputy sheriff after fatal shooting of black pilot

(AP) – A judge on Tuesday denied bail to a fired deputy sheriff in connection with the shooting death of a black high-ranking U.S. Air Force soldier who opened his apartment door with a gun pointed at the ground.

Former Okaloosa County Deputy Eddie Duran, 38, has been charged with manslaughter with a firearm in the May 3 shooting death of 23-year-old Roger Fortson. This rare charge against a police officer in Florida is a first-degree felony punishable by up to 30 years in prison.

The judge ordered his detention pending a detention hearing on Thursday, despite objections from his lawyer, who said he should be released immediately.

“They know he's going to show up,” said attorney Rod Smith. “We believe he's not a risk, not a flight risk. He'll show up on Thursday, he'll show up any time, he doesn't have to spend the next few days in jail.”

The Okaloosa County Sheriff's Office initially said Duran fired in self-defense after encountering a man with a gun. But Sheriff Eric Aden fired Duran on May 31 after an internal investigation concluded his life was not in danger when he opened fire. Outside law enforcement experts have also said an officer cannot shoot just because a possible suspect is holding a gun if there is no threat.

Fortson had spoken to his girlfriend over a Facetime video call, where the encounter was audio recorded, and Duran's body camera video showed what happened.

Duran had been dispatched to Fortson's Fort Walton Beach apartment for filing a domestic disturbance report that turned out to be false. After repeated knocks, Fortson opened the door while holding his gun down. Authorities say Duran shot him multiple times, only then ordering Fortson to drop the gun.

According to the internal investigation report into the shooting, Duran told investigators that when Fortson opened the door, he saw aggression in the pilot's eyes. He said he fired because “I'm standing there thinking I'm about to get shot, I'm about to die.”

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