US Air Force Airman Fatally Shot by Police

Did they shoot through a window? I watched the video and he clearly opened the door?

I’m happy to discuss very different scenarios but let’s be clear when we are completely changing the situation

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I like to avoid changing significant facts of the case when discussing the case

Some people sometimes change facts on the fly to make it fit a preconceived notion

Don’t open the door with a gun in your hand

I give I give, you are way too anal about dissecting every word than I care to give a damn about.

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You can see it how you like, but, whether you open the door or don’t open the door is a significant difference in what happened…and whether the police knock on the door or break the door down, also, a significant difference

There’s a video of the airman’s shooting?

Because the story I read said that he hadn’t answered the door, just retrieved his gun.

The police then broke through the door and shot him.

The story linked in the OP has a video, he opens the door holding a pistol

What source said the police broke through the door?

Edit: It’s possible it was updated along the way

Honestly I don’t recall where I first read about this shooting, it was prior to this thread being started though.

As for the link in the OP,… This is what I see when I follow it.

So, no I haven’t seen the video.

That screen grab looks like he did open it, either way, this was a bad shoot.

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I clicked on the link to verify it, it is showing for me. Not sure what’s wrong then…

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Lawyer for family of slain US Air Force airman says video and calls show deputy went to wrong home (msn.com)

I cannot blame the family for hiring Ben Crump. But believing anything this guy says is hard.

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B.C. sees… :eyes: $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

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Task & Purpose

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Florida sheriff fires deputy who fatally shot AFSOC flyer

Story by Jeff Schogol

• 1h • 3 min read

[image]

A florida sheriff fired the deputy that shot and killed Air Force special operations aircrew member senior airman Roger Fortson.Photo courtesy Fortson family.© Provided by Task & Purpose

The Okaloosa County Sheriff’s deputy who shot and killed Senior Airman Roger Fortson at his apartment on May 3 has been fired, the sheriff’s office announced on Friday. Deputy Eddie Duran was fired after an administrative investigation found his use of deadly force was “not objectionably reasonable,” a news release from the sheriff’s office says.

“The objective facts of the administrative investigation concluded that Mr. Fortson did not make any hostile, attacking movements, and therefore, the former deputy’s use of deadly force was not objectively reasonable under OSCO’s [Okaloosa County Sheriff’s Office] policy,” the news release says.

The sheriff’s office also continues to dispute allegations from Fortson’s family and their attorney that Duran went to the wrong apartment in response to a call about a physical disturbance at the apartment complex, according to the news release.

Duran’s body camera recorded what happened when the sheriff’s deputy knocked Fortson’s apartment door.

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When Fortson opened the door, he was holding a pistol at his side. Duran quickly fired at Fortson at least five times. After Fortson fell to the floor, Duran repeatedly yelled, “Drop the gun!”

The entire incident, from the moment Fortson begins to open his door to Duran firing and Fortson falling to the floor,took about five seconds.

The internal investigation that led to Duran’s dismissal was separate from an ongoing criminal investigation being carried out by the Florida Department of Law Enforcement.

The sheriff’s office posted on Friday that its policy only allows deputies to use deadly force under a specific set of conditions: “When the officer reasonably believes that the action is in defense of human life, including the officer’s own life, or in defense of any person in imminent danger of serious physical injury.”

The policy also defines “deadly force resistance” as when a person carries out attacking movements – both with and without a weapon – that persuade a law enforcement officer that this person intends to kill or cause great bodily harm to the officer or other people.

On Friday, the sheriff’s office announced that its internal affairs investigation had concluded that when Fortson opened the door to his apartment, he was holding a handgun that was pointed at the ground to an extent that Duran could see the rear face of the rear sight.

“The former deputy confirmed Mr. Fortson did not physically resist him in any way, and the investigation concluded that Mr. Fortson did not point the gun in the former deputy’s direction,” according to the sheriff’s office.

Fortson, 23, was a Special Missions Aviator with the 4th Special Operations Squadron assigned to the squadron’s AC-130J gunships at Hurlburt Field, Florida.

Hundreds of airmen attended his funeral and several Air Force bases around the country have held memorial events in recent weeks.

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Ok, the deputy was fired for unauthorized deadly force. Two questions:

  1. Why didn’t the deputy announce that he was the police? I thought they were required unless it was a “no knock “ warrant.

  2. Why isn’t the deputy being locked up and charged with murder?

The more I see stories like this the more I think the more I think qualified immunity needs to be done away.

Yes, in many instances it should be. However, as long as the employee was following procedures and was not doing anything intentionally wrong or too eggregious, I believe they should be protected from malicious prosecutions and lawsuits.

My b-i-l has told me about some of the lawsuits brought against him and his police department based on “police brutality” during some of the arrests he made during his career, a large part being involved in drug interdiction. He and his partner were very strong, and his partner was like 6’4" and looked like he could have been on a Pro football team.

However, he stated, when someone does not want to get cuffed, it is very difficult to subdue him/her. So in encounters like those, the arrestee is likely to get hurt, and some of those will sue. When you see him and his partner and the arrestee, a normal person, I would believe, would be thinking, why did they hurt this poor drug dealer, when they could easily physically overpower him?

I remember one story he told, he was fighting this guy in a stairwell, got one cuff on and was struggling to get the other one on. Finally, he attached the other cuff to the metal railiing to give himself time to rest. The arrestee asked him why he did that. He said, “I’m tired.” :rofl:

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That can be solve by having a law where if the court decides it’s a malicious suit the court fines and imprisons the person bringing the suit. The cop will still have the city attorney defend him/her.

In my mind the deck is stacked too far on the side of the police. Bad cops get fired from one PD only to get hired by another in a different city or state. Many cops let the badge go to their head. I’ve met cops on duty with heads as big as a balloon and you standing up for your rights gets you cuffed and jailed. What happens to them? Usually nothing while you lose a day or two of work, your car towed and possibly loss of your job because you were arrested.

It’s a two tiered system and the Trump trial is a perfect example of it.

My non attorney guesses

  1. Who requires anouncing as police to knock on the door? He isn’t kicking the door in or anything, he’s there knocking on the door. Is there like a law somewhere stating they have to announce to just knock on the door/walk up to the door?

  2. Well, murder would require intent and that might be a tall order to prove…but it did say criminal investigation is separate, so, we will see what charges might result

Well, i found this:
Law enforcement officers must identify
themselves and announce their purpose
before using force to enter a dwelling with
a search warrant. In Wilson v. Arkansas,
the Supreme Court held that the manner in
which law enforcement officers enter a
dwelling is subject to review by a court to
decide whether the officers acted
reasonably under the Fourth Amendment.
If the officers mismanage the entry, even
with a validly issued warrant, a reviewing
court can suppress the fruit of the search.3

2
718 F.2d 589, 596 (3d Cir.1983)
3 U.S. v. Nolan, 718 F.2d 589 (3rd Cir. 1983)

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So probably no, not required to announce to merely walk up to a door, or even knock on it (I mean, anybody can generally do that, don’t have to be police, so it makes sense to me you don’t have to be like “POLICE HERE” just to walk up to a door (or knock on it). Though policy may often be to do so

I agree @Nathan57. But i think if you have business there you need to announce.

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So from that angle, I don’t have to answer. Some unannounced individual knocked on my door and I simply didn’t feel like answering.