So you tell him, "Step back." >> Yes, sir. >> Okay. Have you seen his gun yet? >> Yes, sir. >> You saw his gun? >> It was step back. Gone. >> This is Eddie Duran, a 38-year-old sheriff's deputy. He shot and killed Roger Fortson, a 23-year-old US Air Force Senior Airman, while responding to a disturbance call. Now, he will do everything he can to prove his innocence. >> I was at a disadvantage considering he had his gun readily available for use. Um, and mine was still holstered. >> Okay. So at that point uh again action was going to be better for than reaction to prevent any kind of uh great bodily harm or death to myself. >> Okay. You know how many times you shot? >> About five times, I believe. >> Okay. >> On May 3rd, 2024, the Okaloosa County Sheriff's Office got a call about a domestic disturbance at an apartment complex in Fort Walton Beach. Deputies were sent out right away. When they got to the complex, they hurried up through the elevator. And as soon as they reached the apartment, Deputy Duran knocked on the door, but nobody answered. So, he knocked a second time and he heard a whisper. But by the time he knocked aggressively, Fortson opened the door holding a gun in his hand. And the moment Deputy Duran fired several shots at Fortson. >> Step out. >> DROP THE GUN. DROP THE GUN. HE'S OVER THERE. >> DROP THE GUN. I DON'T HAVE IT. 312 shots fired. Suspect down. >> Do not move. >> 312 got EMS my location. >> When the EMS arrived, Fortson was pronounced dead. After the shooting, the sheriff's office opened an internal affairs investigation and soon they found out something important. Forson had been on a video call with his girlfriend when he was shot. So, detectives brought her in for questioning. Her face was blurred out in the footage, but what she described about that morning made one thing clear. Whatever had sent police to his door was a mistake. >> So, getting to Friday, May 3rd. Um, if you can kind of walk me through your contact with Mr. Forson that day. >> Yes. So, that morning I got off work around 7 a.m. my time, but 6 o'clock his time. Um, usually, uh, he texts me and asked if I got home and I calls I called him, facetimed him until he got ready for work. Um, around 2:00 Florida's time, I called him. Um, he was at his friend's. >> 3 p.m. your time. >> Yes. 3 p.m. my time. >> Okay. >> I called Roger. He was at his friend house um playing Mortal Kombat, playing a game. He just finished up a last game of that and um he was going to head out afterwards. Once he left, he left about roughly 10 minutes I would say and FaceTime me in the car. Um and when he got home, we just stayed on FaceTime till he got home and he got on his video game Madden and started playing Madden. Um we then were talking about our plans. First, we talked about me. Um, I ordered his sister's birthday gift and it came in and we talked about that and then we talked about his plans for the weekend or our plans for the weekend. Um, it's the weekend of Cinco de Mayo. So, I asked him what was his plans, you know, was he going out or anything and he told me he was thinking about going to the beach um cuz it was a Friday and it was pretty hot that day. Um, he said he was either going to go to the beach or either walk around the mall to get some jewelry cleaner. And um as we're discussing our plans, he then hears the knock at the door. And when he hears the knock at the door, he asks, "Who is it?" And he didn't get a response. And he told me, "I don't know who that could be cuz nobody comes up to my house. Nobody come, you know, just comes unannounced pretty much." >> Forson never got a reply from whoever was outside. But he told his girlfriend he wasn't going to open the door because it might be his ex. But then the knocking turned aggressive. That's when the knock gets aggressive. When the knock gets aggressive, he goes to retrieve his gun and says, "I'm going to go grab my gun because I don't know who that could be." And um as he goes to the door, I don't see See, he puts his phone down. I don't see anything. >> So, I don't know. Well, what I hear is commotion when he goes to the door. So from my understanding, this is just not for my peripheral seeing, but what I hear I hear a lot of commotion. >> The camera's pointed pretty much straight up at the ceiling. >> Exactly. Phone down. Okay. >> Yes. So what I'm hearing is a lot of commotion. And I I hear the deputy then states it is the sheriff's put the gun down and Roger says, "Okay." Okay. >> After the commotion. >> Yes. After the commotion. >> And like I said, I don't hear I don't see. So I'm hearing the commotion. I didn't know there were gunshots. I thought the deputy busted through the door because I don't I don't see anything until I hear him call out the shots and say I hear first I hear Roger then say I can't breathe. And then I hear the deputy call out the shots being fired. Three to the chest and three through the forearm. And then the one through the chest went through hit the wall. And um then I I hear him saying, "Stop moving. Stop moving." And then I hear him saying, "Put pressure on it." And then he calls for dispatch and EMS. And then I hear um I hear them walking through his apartment and then um going through his things and they're they're saying, "If anybody's in in the apartment, reveal yourself. It's the deputies. It's the sheriff's." And I hear distinct knocking from coming from somewhere. They're knocking on something and saying, "Open up. It's the sheriff's." And then I hear somebody say, "Oh, he's military." And I also hear the the um deputy comment and say, "Oh, he's shot up." And then I just hear them going through his things in his apartment. And um that's that's when I just it's just talking like this talking. After the interview, investigators concluded that the noise complaint, which officers believed came from Fortzson's apartment, was false. With the investigation still ongoing, Duran was brought in for questioning. And because he is a law enforcement officer, the detective carried out the interview tactically to be able to bring out the truth in every possible way. >> When did you start here at the sheriff's office? >> Initially or this this second? >> Explain that. initial. So, initially uh my family and I moved here in June of 2019. Um I had applied and was accepted and started here I want to say July 2020 somewhere around that time frame >> in 2019. >> In 2019 sir and then we went uh until November 2021 when my wife was and I left the agency when my wife was accepted for the nursing position in Camp North Carolina. >> Okay. Um, so you guys move out because of spouse. >> Yes, sir. >> Career opportunity. >> Um, and then you come back. >> Yes, sir. >> Okay. When did you come back? >> We came back in April of 23. Uh, late April, early March of 23. >> Okay. >> Um, when I came back, when we moved back, she had accepted another nursing position. Um, and I was working for Department of Children and Families for about roughly two months. >> So, when you first came back to Okaloosa, you went to DCF. Yes sir. >> Why there? >> Uh so I have recently finished my degree previously in October 22 >> in the criminal psychology. >> It's a criminal justice with a focus on on the criminal psych. >> Okay. >> Um so I wanted to and and again with my master's program being in reference to human services counseling. I wanted to try a different route profession as opposed to law enforcement. Okay. So I I attempted to uh well I worked at DCF and >> Okay. Did you leave there in good standing? >> I did. I left uh on the basis of I quickly realized it wasn't a position I wanted to work. >> Sure. >> Duran served as a military police officer in the army for up to eight years. He was then hired by the Altus Police Department where he served for up to four years. After that, he joined the Okaloosa County Sheriff's Office. >> Okay. So, you get dispatched to it. It's a disturbance. What do you know about the call as you're heading to the call? Initially the call was there was a disturbance in progress and then it was still you know um what's the phrase they use? >> Still gather still receiving. >> Still receiving. Yeah, that's right. >> Okay. So they they say that did you get any information off the MCT about the call? >> Uh so once the MCT kind of updated there was information stating that there was a disturbance in progress had become physical. uh caller stated she was notified by um another individual and then they said something to the effect of it was fourth party information going into the um disturbance. >> Okay. And that you got from the computer terminal? >> The computer terminal and as well as the dispatcher come back on. So dispatch provided more information basically said fourth hand physical somebody's reporting that it's become physical >> and then had instructed me to go to the leasing office. >> Okay. So you've got radio information coming in, you've got CAD information coming in. Did anybody like call you on a cell phone to give you additional information? Anything like that? Okay. So those are the two sources that you're getting this information. Okay. Um, have you ever been to that apartment complex before? >> Yes, sir. >> Okay. What What do you know about that apartment complex? >> Nothing, sir. >> Okay. But you've been to it before? >> Yes, sir. >> Um, have you ever been to that residence before? >> No, sir. >> Okay. Do you know any of the people that were associated with this, meaning the original caller to the office, the office manager who whom you met um in that kind of parking lot? um or the resident of uh the apartment where you were going. Did you did you know any of those folks? >> No, sir. >> To your knowledge, have you had any contact with any of those folks prior to this call? >> No, sir. >> Okay. Um Okay. Were any intel flags provided for the address or any of the names associated with that? >> Not that I was aware of. >> Okay. you you know what I'm just talking about. So, okay. >> Um, so Comm doesn't say anything about prior calls or anything like that. No, sir. >> At that address on the MCT, there is a button that you can push when you've are assigned a call and you've got an address that's prior calls. Did you see that? Did you press that button to look to see if Okay. And there may not be and it may be grayed out if it's not, but u but if there was, that's nothing that you accessed. >> Correct, sir. >> Okay. Um, okay. So, you arrive on scene. Where where did where did you park? Where did you go? >> I parked in front of the leasing office, sir. >> Were you familiar with where the leasing office was before you got there? >> No, sir. >> Okay. So, you drive into the apartment complex and just kind of found it? >> Yes, sir. >> Okay. Um, so you parked there. Um, then what? I exited the vehicle uh went to the door uh activated body cam and spoke to two males that were standing in the officer. >> Okay. Did they have any information? >> They had stated the that they had didn't know anything about a fight that was going on and that they uh were told that when the when I showed up that they to call who I believe was the the actual caller >> notify her. >> Okay. So the the one of the guys was supposed to make a call. >> Yes, sir. something to the effect of he was going to make a call or he wasn't >> to the leasing agent or to the other resident >> to the leasing agent who had called us. >> Okay. Um do you know if he did that? >> Uh he started to and I said, "Is she out in the parking lot?" Something to that effect. And he goes, "There's something. I think she's right over there." So I walked out. I'm going to try to find her. Then I observe her walk. >> You see her and make contact? >> Yes, sir. >> Okay. Um, prior to any of this, did you did you know that the original caller was neighbor? >> No, sir. I knew the original caller had notified the front desk. >> Okay. But you weren't sure where that who that person was, where they were located. Correct. Just that somebody else had called the front desk. Front desk called us. >> Correct. >> Okay. Um, so did you make contact with that original caller? >> No, sir. >> Okay. You didn't even know who the original caller was at the time. Okay. >> Um, okay. So, you meet the leasing agent kind of there in the parking lot. Um, what does she relay? >> She stated she was notified by the original caller that there was an argument going on that it was she said was getting out of hand. um also stated she had walked by and she used the term their apartment and there was no reference to that. Um stating that she had heard an argument and then of course somebody saying shut the f up you stupid be and then followed by a slap. >> Okay. >> She had further stated that she u didn't know exactly where it had come from specifically. >> Okay. So, she didn't want to call law enforcement and that was all she >> And that's referencing the incident that had occurred a couple weeks prior to the day you're on scene. >> As far as I'm aware, sir. Yes. >> Okay. Cuz she does. So, did she know where you needed to go? >> Yes, sir. >> What did she tell you? >> I asked her several times which apartment compartment building or I'm sorry, room. >> Um, initially when I asked, she had given me the initial response of this is what was going on two weeks ago. Uh, I asked her again when we arrived at the elevator and she said 1401. She again said 1401. >> Um, >> did you have did you see 1401 on your MCT as you were driving there? >> I did. >> Okay. So, um, cuz she relays that to the non-emergency dispatch. Yes, sir. >> U 1401. They put it in the CAD at some point. I just didn't know if you were able to see that on the CAD prior to your arrival. >> Yes, sir. >> So, you saw for you knew 1401 before you got on scene? >> Yes, sir. She tells you 1401 when you're speaking with her as to where the problem is. >> Did she seem unclear about which apartment? >> No sir. When I asked her, she had said 1401 and then repeated it again 1401. >> Okay. >> Um I said then do I hit number four on the elevator? You know, she says yes. >> Okay. >> And then she pointed in the direction of 1401 which was to the south side of the building. She says once you get up there it's >> kind of southeast corner. >> Southeast. Yes, sir. The woman who reported the disturbance said that a couple of weeks earlier she had walked past the apartment and heard an argument followed by the sound of someone being slapped, but she admitted she wasn't sure where the sound came from. So, if she wasn't certain, how could officers be sure the complaint pointed to Fortson's apartment? >> Did you think when she said, "I wasn't sure where it came from, she was talking about the incident on that day or the incident from two weeks prior?" >> The incident from prior. >> Okay. So, it was clear to you when she says, "I wasn't sure where that came from." She wasn't talking about the day of the incident. She wasn't talking about May 3rd. She's talking about what she heard two weeks prior. >> Yes, sir. >> Do you know if she called law enforcement two weeks prior? >> She stated she didn't because she couldn't specifically say where it had come from. >> Okay. So, all of that was clear to you. >> Yes, sir. >> Okay. And not in hindsight looking at, you know, stuff that's provided, but at that time, you knew you were going to 1401. You knew she had referenced an incident that occurred near there, but wasn't sure weeks prior, but she wasn't exactly sure if it was 1401. >> Yes, sir. >> Okay. Um, what are you thinking as you're getting ready to get on the elevator with the information that you've gotten thus far? with what I had at that specific time. It was ongoing into a call that had escalated from verbal to physical. >> Okay. >> Um and that it had become increasingly violent and one of the parties had become increasingly violent over a period of time. >> Okay. Um does her telling you about the incident two weeks prior back up. Did you have any information that the original caller had said that this had been going on for months? >> No sir. >> Okay. Okay. So, at that time you did not know that. No, sir. >> You just know about this one particular incident from the caller and then the leasing agent is referencing something a couple weeks prior that may or may not have been from that same apartment. >> Correct. >> Okay. So, that's what you know at the time. >> Yes, sir. >> Okay. Um, so you go up the elevator. Um, do you get off on the fourth floor? >> Yes, sir. >> Okay. Um, then what happens? Uh, exit the elevator, made a right, realized I'm supposed to go left. Looked at the sign on the door on the wall. It said 4101, 42, this direction. >> Okay. >> Uh, attempted to call uh 111 on the radio, let him know the lease. I attempted to do that in the elevator. There was no signal. >> Sure. >> Um, notified 111. Leasing agent would be downstairs in the lobby waiting for him to direct him to this location. He stated something effect that he was almost in the building. >> Okay. um why not wait. >> So when I was gathering all the information and from what I was being told and what I knew at that specific time, it had begun as a verbal altercation which then had escalated into a physical altercation. And so my thought process was if I don't intervene, I didn't want the, you know, event to escalate into something that could be even, you know, more of a violent crime. Okay. Um, two deputies are more effective than one. >> Correct. He's not >> You don't have an MCT with you as you're in the elevator out of the car. So, you don't have a map. You don't know his position. Not going to be too terribly long. Why continue to the apartment? Based off the information I had, sir, it was because it was escalating from a verbal to a physical, and I felt as though if I denied intervening, it would escalate further into a more violent crime. >> Okay. Have you ever been trained to to address um violent potentially violent situations by yourself? >> Uh not necessarily, sir. No. >> Active shooter training, do you wait for others? >> No, sir. >> Okay. What's What's the expectation? expectations to stop threat, sir. >> Okay. Um, do you remember the phrase that's associated with that? >> No, sir. >> Direct to threat. Yes, sir. >> Does that sound familiar? Okay. Um, can you kind of discuss that your understanding of of the training that you've had direct to threat type stuff? >> Direct threat to me entails when we are aware of violent crime taking place. uh that it is our responsibility to go forth go forward without you know um hesitation and and making and ensuring that the threat is either eliminated or you know stopped. I guess >> it'd be safer to have more deputies. >> It would. >> Okay. Um so why isn't that what we teach? Do you know? >> Uh hesitation can lead to more violent offenses and the whole purpose is to stop the violent offenses. >> Okay. So you're getting off the elevator. You've chosen not to wait. You you ask the leasing agent to stay downstairs to help direct responding deputies and corporal due. >> Yes, sir. >> Um, Miss 111. So, um, so you ask her direct her to stay there and direct the next deputy up to you. >> Yes, sir. >> Where the apartment is. >> And you make the decision to head to the apartment. >> Yes, sir. >> Okay. As you're approaching the apartment, you're walking down that hallway. What are you thinking? Uh so initially as I'm walking down the hallway uh as I do with a lot of calls for and law enforcement calls is I immediately start looking for avenues of approach. I look for uh areas for you know effective cover. Um and I kind of take in the environment as far as if something were to take place, something violent or some emergency situation. Um what are my avenues of escape? What are my >> describe that what what are you seeing? What do you see? >> So as I'm walking down the hallway uh again I know I'm up on the fourth floor. All right. So, you're on the fourth floor. >> The hallway is it interior or exterior? >> It is an exterior hallway with approximate 4ft metal white railing I believe um on my left hand side, a long wall on the right hand side with two doors. >> Duran had been trained for situations like this. Such calls normally require two officers. Yet, fully aware of this, he chose to approach alone. Worse still, when he knocked, he heard no sign of a disturbance. Um and then of course arriving at the door and again listening for any signs of disturbance or um >> So did you hear signs of a disturbance? >> No sir. >> Okay. Did you hear anything? >> Uh birds chirping sir. >> Okay. Um so anything beyond the birds? >> No sir. >> Because listening to the video there the birds were loud. >> Yes sir. >> So okay. So you don't hear anything beyond that? Um, okay. You you listen when you get to 1401. You don't immediately knock on the door. >> Yes, sir. >> Um, you're there and you may not have counted, but you're you're at the door for roughly 13 seconds and you go to start to knock on the door and then you don't. >> Yes, sir. >> You stop. >> Do you remember that? >> Yes, sir. >> Why' you stop? uh just to verify I wasn't hearing anything or did hear anything. I wanted to ensure um that if there was a disturbance or scuffle going on, I could positively identify it. >> Okay. So, you go to knock, you stop, but you're not actually hearing anything. You're just double-checking if there was something to hear. >> Yes, sir. >> So, at this point, you've still not heard anything? >> Yes, sir. >> Okay. Um Okay. You're standing at this door. You're now at the door. You're getting ready to knock. What are you thinking about the area you're in? >> Uh so initially when I am standing in the corner uh it was taking a optimal positioning on the door frame uh kind of out of the view of the door. >> So what is that? >> Not out of the view of the door. However, just um a again a protective covering using the door frame as a form of cover. >> Okay. um to prevent, you know, should there be any sort of gunshot uh violence or coming through the door frame, it wouldn't hit me directly. >> Okay. >> Um so, as I'm standing in the corner, I realize right behind me after I knock is the short railing and then of course right next to me is the wall. Um and so what I do is I I I've made the decision like, well, I'm not exactly in a great position should the person come out and choose to come at me physically. >> Sure. Um, so I moved to the opposite side of the door. >> Okay. So, you're listening. You're listening on as you're looking at the door. As you're looking at the door, you're on the left hand side where it's a handful of feet and then the railing to the ground and the stairwells behind your back. Um, we can pull that up. Look at it. Sure. You've had an opportunity to review all the stuff on the one drive. >> Yes, sir. >> And that's that kind of pause that I was curious. So, you didn't hear anything? You're just double checking? >> Yes, sir. >> Okay. Okay. Dog barks. So, initially you move back. At this point, you did you feel the railing? >> I did, sir. >> Okay. So, I mean, you literally backed up to the railing. There is nowhere else to go south. Um cuz that would move over the railing. Yes, sir. >> Okay. Okay. Did you hear that noise? Do you remember hearing that noise? There's some sort of thud or something right here right before you move to the other side. >> Do you remember? >> No, sir. >> Okay. Did you move to the other side because of that noise? >> No, sir. >> Okay. So because it is it is here that you make this move. So So why that move? >> So once I had backed into the railing and as I'm looking around, of course the body cam stays focused here. >> Body count's mounted on the chest. >> Right side of the chest. >> So as I'm looking I feel the railing behind me. Of course I know there's a drop. I look to my right and there is a wall for you know preventing me to go anywhere >> right before the stairwell opening. >> Correct. >> Um so then I think to myself okay well if he comes out and if by chance there is something that takes place I don't want to go over the railing. >> Sure. >> So I move back to the other side of the wall the opposite side and again I sit and I wait and I listen some more prior to that. >> Okay. Um so you're not standing in front of the door? >> No sir. Why not? >> Uh I've been trained to be cognizant of where the doorway is. Um should you know when the asalent, whomever it is, decides they want to shoot through the door, um you know, of course the door is not going to stop a bullet coming through. Um and there is a possibility of danger standing in that doorway. So I've been trained to move off to the sides. >> Okay. So you were off to as you're facing the door to the left, you're up against the railing. Handful of seconds you move to the opposite side of the door. >> Yes, sir. Um, here you've got an avenue of escape, you've got the stairwell, you've got down the breezeway. Yes, sir. Okay. >> Duran never announced himself before knocking, which is highly unusual. Officers typically announce their presence so that anyone inside knows who is outside and doesn't react out of fear. When asked why he stayed silent, Duran said it was a tactical decision meant to help him figure out what was happening inside. So you knock a second time. You come back up. Knock a second time. You announce. >> Yes, sir. >> Sheriff's office. Open the door. >> Do you hear anything after that? >> No, sir. >> So the door opens. >> Do you remember what you said? >> Uh, step back. >> Step back. >> Yes. >> Um, not step out. >> Step back. >> Step back. Okay. Why do you say that? >> When the door opened, so again, when you look at the body cam mounted on the right side, >> the body cam is pointed toward this corner of the door. However, I am not standing flat against the wall. >> According to Duran, when the door opened, he saw Forson pointing a handgun at him even after he ordered him to step back. >> So, you tell him, "Step back." >> Yes, sir. >> Okay. Have you seen his gun yet? >> Yes, sir. >> You saw his gun? >> So, it was step back, gun. Okay. You hadn't had you seen the gun before you said step back? >> No, sir. >> Okay. So, when you're saying um step back uh so the door starts to open, you can see him moving towards the door. Um you say step back. What does he do? >> He makes a slight step forward with his left leg. >> Okay. Um, okay. So, is he complying with what you have said to do? >> No, sir. >> Okay. As you're saying it, finishing saying it, that's when you first see the firearm. So, you see the firearm, right? As you finish saying it, as you're saying it, how how? >> So, as soon as the door initially opens, >> uh, I see him moving forward, >> I tell him, step back. But as I'm telling him, step back, I'm looking at his eyes, >> and then I immediately look at his hands, uh, which is what I've been trained to do. Look at the eyes. Tells me a lot about person's intent. >> Sure. >> Look at the hands. Obviously tells me if they're empty, open-handed, baldled up, you know, have a gun, weapon, knife, whatever it is. >> Um, so as I'm taking all of it in, I see him step forward. I see his eyes. I look down, I see his hands, >> and of course that's when I see the gun. >> Okay. What was your impression when you saw his eyes? >> When I saw his eyes, uh I saw aggression. >> Okay. >> I saw, you know, um obviously again interacting with individuals in these type of situations, you are dealing with people who are most likely in during the worst time of their life at that particular moment. >> Sure. >> Um so I see aggression, anger. Um >> so describe that. What is it that is making you think aggression and anger? Does he say anything? >> He doesn't say anything, sir. >> Okay. >> Um, he does look at me. It was more of a Whereas, >> it's hard to explain. When I'm looking at you now, >> I'm looking at you in a manner that's, you know, cooperative, a manner of um >> me or you. >> Me to you. I'm looking at you now. It's >> it would be um just cooperative, right? >> Sure. >> Um >> I'm not, you know, I'm not fixated on one thing. Um, so when I looked at him and he made eye contact or I made eye contact with him, it was a stare that was fixated 100% on me. Um, which as I'm looking at him, it wasn't eyebrows raised. Hey, what's going on? Inquisitive. Why are you here? It was a stare, not so much aquisitive look. >> Okay. >> Um, so that showed me there was aggression. That showed me that there was obviously a little bit of discontent for me knocking on the door. >> Sure. Okay. Um, so you see the eyes, you see that that you've just described. You're looking down now to hands because we teach, you know, eyes, waste hands. I mean, you know, we we that that's common in law enforcement. So, you look at the hands, you see um uh him with his firearm. What What's your thought? So initially when I see the firearm uh the elbow his hand and the elbow are slightly caned >> meaning not straight down. It is in a manner so that his arm is slightly up. >> Okay. >> Um so when I see the gun I immediately see the grip that he has on it which is standard pistol grip. >> Um I see the back part of the sights which of course dovetail sights have on specific guns have a white U-shaped line on the back of the gun. And then I also see >> a particular manufacturer does that >> block. Yes sir. So then I see that and then I see immediately there is a red or optic like a red dot kind of how we have on our guns mounted to the top side of the gun. >> Okay. Um then what do you do? So then immediately at at that point once I've gauged um from what I can understand his intent um what I can understand as far as him knowing that I was already there um from what I know that I'm telling him to step back and there was a slight step forward uh immediately I thought I am stuck in this area and I'm about to get shot. >> Okay. Um Okay. Did you consider moving offline? >> So, there was no ability for me to move offline. I couldn't move backwards because the railing. >> Okay. >> Um, I can't move to the right or left. There was a wall that prevented any form of retreat or cover. >> Okay. >> Um, I can't move across the door frame in front of him, directly in front of him, across to turn around and go behind the stairwell. And I can't run down the hallway because there was no form of cover. >> Okay. Um did um you consider telling him to drop the gun at that point or give other commands to him at that point? >> Based on everything that I had taken into account, I felt 100% that action was going to be my best course as opposed to reaction. >> Okay. based on how close we were. Uh the proximity obviously there was maybe three to four feet of a reactionary gap whereas a typical reactionary gap is going to be between six to eight. >> Sure. >> Um I immediately felt that I was at a disadvantage considering he had his gun readily available for use. Um and mine was still holstered. >> Okay. So at that point uh again action was going to be better for than reaction to prevent any kind of great bodily harm or death to myself. >> Okay. Um did you encounter resistance from Mr. Forson? >> No sir. >> Okay. Um you hadn't had resistance. I'm sorry. Can you clarify resistance? Uh cuz as far as giving him a command to step back, >> okay, >> him moving forward would be considered resistance. That you're referencing physical resistance then. >> Well, any any any kind. >> So yes, then it would just be him moving. >> So you say step back and um he takes another step forward um after being told step back. >> He takes a slight slight step forward. Yes, sir. >> Um any other resistance? No sir. >> Okay. Um, you you've kind of already touched on this, but did you consider disengagement to re-engage from a better position? >> No, sir. Because after walking up to the hallway, observing kind of where my positioning was at that time, and of course, I'm sorry, walking up to it, seeing everything, and taking everything in, I knew that I had nowhere to go. I couldn't back up. I couldn't disengage. I couldn't retreat. I couldn't take cover. Um, and again, running across the doorway, you know, either walking backwards towards a stairwell wouldn't be conducive. Um, turning my back and running around towards a stairwell wouldn't have been conducive. Um, jumping over the railing wasn't going to help me. And then again, the wall behind me prevented me from moving in any other direction. >> Okay. Do you know how many times you shot? >> About five times, I believe. >> Okay. Um, right when you finish shooting, you take your left hand and it looks like you hit your chest. You remember that? >> Yes, sir. >> Do you know what you were doing? >> I was going to start calling out uh shots fired on the radio. However, when I saw him still moving, that's when I I went back to >> Okay. So, that was to reach for your radio. >> Yes, sir. >> Okay. And um but then you kind of you never took your weapon hand off of pointing at it, but you had removed your weak hand to do that. Then you go back to a two two-hand position. Okay. Um you've shot, I think, five times. Um he's on the ground. You then give an order twice for him to drop the gun. Yes, sir. >> Could you see his hands at that time? >> No, sir. >> Okay. Um, could you see the gun at that time? >> No, sir. >> Okay. So, at the time that he's on the ground and you're issuing that com those commands, you think he's still armed? >> Yes, sir. >> Okay. Um, he says it's over there. You would says something like it's over there. You order him again to to drop uh the gun. Could you see his hands at that point? Uh, I initially saw his hands after I gave him this the first two commands. Okay. Drop the gun. Drop the gun. >> Okay. >> He responded, but I couldn't hear anything. It was just I I really couldn't understand it. >> Sure. >> Which is why I gave him the second the third command of drop the gun. >> Okay. >> So then he said, um, >> I don't have it or it's over there. One of those two. Yeah. >> Um, and then at that point I did see his hands. So I knew that there was no longer a gun. >> Okay. Uh, so it's about 8 seconds after you have shot that you call over the radio, shots fired. >> It took Duran roughly 16 seconds to call for EMS. As forson fought for his life, Duran was busy clearing the apartment for a possible suspect. >> Roughly 8 seconds later, you call for EMS. So, you're you're basically calling for EMS with roughly 16 seconds after you have finished shooting. You still have him covered. Um, but you're you're calling for EMS. What are you thinking? >> Uh, right at that point, I'm thinking I don't know what else is in the home. I don't know if there is any other threats in the home. So, I'm standing in that position. Um, and I'm trying to process what's in place. >> At that time, do you know he's by himself in that apartment? No, sir. >> Okay. Um, okay. So, you're trying to process everything else. you're not sure that there's another if there's another threat if it was domestic violence uh a disturbance in a resident is it what are your concerns about the other party or other parties? Uh in my experience uh it's working law enforcement again being domestic violence stuff are some of the most dangerous uh calls that we've received and so my concern is that if there is another individual in the home >> generally um you know both parties are highly volatile at at some point which led them to that. >> Well let's say the other person let's say there's only one other person and that person is the victim of of violence. >> Any reason to be concerned? Yes, sir. >> Why? >> Generally because when you're dealing with a domestic violence situation, uh I have had experience to where I have arrested the perpetrator and the victim has, you know, gotten upset, angry, yelling, screaming, attempting to fight. Um, and it's just one of those deals where um, again going to this type of call not knowing where the person was, who the person was, if the person, you know, was going from victim to, well, now I'm upset and now I don't know if there's any further weapons in the home. So, I just stood, you know, kind of posted. >> Is it possible the victim answered the door? >> Not that I know, sir. >> In general, domestic violence stuff, is that possible? in my experience miler. >> Okay. Um, so a few seconds after you call for EMS, other deputies start arriving on scene. >> Yes, sir. >> What are you thinking? >> Um, I'm thinking again, still standing in the breezeway or the the hallway, uh, kind of holding security. Um, as soon as I hear them, you know, I start >> holding security. What do you mean? Uh, meaning I'm not going to go in the home because again there's I'd rather stay in the known as opposed to the unknown. >> Okay. >> Um, and again watching Mr. Forson to make sure he doesn't move around. Again, I don't know if his condition is serious, if it's life-threatening or anything like that. I just know that he's he's on the ground. Okay. >> Um, I don't know where the gun is. I don't know if he's >> So, you still don't see the gun? >> No, sir. >> You see his hands? >> I see his hands, sir. >> That are not holding the gun, but you cannot see where the weapon is. >> Yes, sir. >> Okay. So again, holding security, uh, Mr. Forson holding him there at gunpoint, letting him know, don't move. You know, EMS is coming. I hear other deputies coming in. Uh, I yell, I think, I'm up top or I'm over here trying to I couldn't get the words out, so I all I could say was, "I'm up top." And then, of course, >> they come upstairs. >> Remember who came first? >> I don't. Okay. I just heard the words blue. It was blue, blue, blue, I think. And then I remember Does that mean >> meaning that I have uh partners coming up, fellow deputies or law enforcement guys. >> Um and then I just remember saying that I'm good or we're good or something like that. Okay. Um so it's again roughly another 20 seconds have passed. So we're 40 seconds. We're still less than a minute from you you firing your your agency weapon. and you get on the radio and ask for EMS to step it up. >> Why? >> Uh so at that point, Mr. Forson, he was initially on his right side, I believe. >> Okay. >> Um and then he had rolled onto his back and when he rolled onto his back, I could see bloods beginning to pull >> on the ground, which told me that there was most likely um exit wounds going through. And so again, I know when I shot it was around his torso. Um, and so seeing the pool of blood, knowing how many times I shot, I immediately thought, okay, if we don't give him medical attention, you know, he's not going to make it. And so I wanted to really convey they need to get here fast because I I can't go in the home at this particular moment uh to help render aid. >> Why? >> Just because again, I don't know what's in the house after that. >> Okay. >> Um so then, >> have you seen the firearm yet? >> No. >> Okay. >> No, I have not. So, uh, again, standing in that area and asking them for them to step it up again because, you know, despite whatever was going on, I I still would like to render aid and make sure he's going to be okay. So, um, tell him step it up. You know, they in my eyes, they need to get hurt as fast as possible. >> Okay. >> Um, and then of course telling him, hey, you know, don't move. The man EMS is coming. You know, we're we're going to, you know, in my mind, I'm thinking we're going to help. We're going to try to help you as best we can. Okay. >> Duran never gave Fortson any life-saving aid, even though he knew the gun was no longer in Forzson's hand. At this point, about 1 minute has passed while waiting for EMS. >> So, you say um as the deputy was arriving that he uh answered the gun, the door with a gun, something along those lines. So, you're letting other folks know that there's a firearm in play, sir. Okay. Um, when do you start to go into the apartment? >> So, when the deputy, again, I don't I don't remember which one it was, um, asked if I had something to the effect of you've been in the house. I haven't been in the house. Um, and he says, "Okay, let's go." And I was like, "All right." So, then we stack up on the door. Excuse me. And then I announced myself, you know, sheriff's office, make your presence known immediately. >> Whom are you saying that to? >> Whomever was in the home. Okay. just to announce that we are coming into the house. >> Okay. >> Um so sheriff's office, you know, makes presence known. I'm in the doorway and I say, "Hey, there's a something doorway to the left. I'm going to go to the right." And then I remember hear, "Okay, go." So I went to the right and when I as soon as I went in, I see the gun is on the floor. >> Okay. >> Um so I stepped. >> Is it close to Mr. Forson? >> Uh maybe two feet. >> Okay. >> Maybe. I think. Uh, >> so right to the left, directly to the left is it looks like it's the kitchen. >> Yes, sir. >> Was the gun in towards the kitchen? >> It was. If the the doorway was here, Mr. Forson laying on the ground here, the firearm when I initially went in looked like it was right in the doorway, like it had just fallen in >> just into the kitchen. So that little area >> the little wall where I could not see it. >> Okay. Okay. >> So then, >> so you go in, it looks like you go into the living room. I go into the kitchen. >> You go into the kitchen first. Okay. >> Um then come out. So you're now starting to do what? >> Clear the home. >> Okay. You're doing that before rendering aid. >> Yes, sir. >> Why? >> Uh because if we get into a position where we're rendering aid and if there is somebody else in the home, be it, you know, another individual, I don't didn't know how many people are in the house. >> Okay. >> Again, don't know how many weapons are in the house. uh if the other alleged party that's in the home, you know, is going to come after us for shooting Mr. Forson. >> Okay. >> Um so I've always been taught that it's better to secure the area. >> And that's what I was going to ask. Have you been trained to clear >> clear the area then begin to immediately render aid? >> Okay. Um so you go into the kitchen, you come out, then go into the living room. >> Yes, sir. >> Um another deputy goes into the bathroom or do they come behind you? >> I don't know, sir. >> Okay. Um, you go in the living room, then you you hang a right into the bedroom. >> Yes, sir. >> I think there is another deputy there at least behind you at that point. Um, so basically you come through and clear. You guys make a loop because it makes a loop from the foyer, living room, bedroom, kind of closet area, bathroom, back to the foyer. >> Yes, sir. >> Okay. So, you do that loop. When you come back out of the bathroom, do you remember was aid being rendered yet? Uh when I came out, I remember holstering the weapon, seeing >> yours, >> my weapon. >> Okay. >> Seeing uh deputies holstering and I want to say putting on gloves, getting ready to render aid, and then I remember seeing >> So it looks like they almost start that slightly before you and another deputy have finished clearing. >> Yes, sir. It looks like they're rendering a very very quickly in relation to clearing the apartment and making it safe. >> Yes, sir. I again going into the room. Um I don't remember which deputy was with me went down the little hallway, you know, we announced, you know, sheriff's office open the door something that effect and then he opens the door and then it was a bathroom I believe which was they had two doors to the bathroom. So >> one to the bedroom area and one to the foyer. >> Yes. Okay. So then as I come out of holster, I can see them. One of the deputies was standing I want to say straddled and then the other deputy was standing off to the right of him. They were starting to put gloves on and then I said I I got to step out of the house. >> Okay. Why? >> Uh well because since there was already the deputies that were starting begin beginning beginning to render aid, I knew that I had to remove myself for that and then wait for my supervisor to show up. >> Okay. Um, so before you leave the apartment, you see two deputies beginning to render aid. >> Yes. >> Okay. You leave the apartment and you kind of walk back down that breezeway. You remember what you did? >> I slapped the wall. >> You exclaimed, "Fuck," and hit the wall. Yes, sir. >> With your right hand. >> Why? >> Uh cuz that was something that I had hoped that would never happen. And it was as far as the shooting. Okay. uh and everything. It was um just kind of letting out whatever you know build up emotion and frustration and um just letting it out because it was just one of these things where you know as I'm standing there thinking I'm about to get shot. I'm about to die. Okay. And >> so once it all was said and done, it was just all the emotion going, >> "Oh my god." Like just let it out, you know, and then of course trying to keep it together and and um I mean that was that was just letting out whatever emotions and fear and frustrations come out. >> Yeah. And that's kind of my question. So what were you thinking when now that you're coming out of the apartment? Yeah. >> Yeah. It was immediate. Um, again, for me it was, you know, go in the home, clear, make sure we're good, make sure he's getting aid, and then essentially business first, personal me afterward. And so it was um just replaying what took place and it was you almost didn't go home today. And so it was just one of those I got to get that out really quick, you know? Sure. So, yeah. >> Okay. Any question about this that I should have asked you that I haven't? >> No, sir. >> Anything you want to add? >> U this time, sir. >> Following the interview, Duran was charged with manslaughter with a firearm and later fired. At trial, he was asked why he never announced himself at the first knock. >> But you did not identify yourself in the first knock on the door. Yes, sir. Would you explain to the jury why you did not knock and announce on the first knock? >> Yes, sir. So, a common law enforcement tactic that we'll do or that law enforcement does is we'll knock on the door essentially like it would be any other sort of knock. And what that does, it'll kind of gauge a situation. Is this a hight situation? Okay. Well, if I knock on the door initially and say police, then is it going to ramp up? um if I knock on the door and I hear, you know, or the door starts to open, okay, well then I can have a discussion with somebody. So really, it's just a tool and a tactic that law enforcement do just to kind of engage or just to gauge an entire situation in itself. >> And have you used that same tactic in the past? >> I've used that tactic throughout my entire career, sir. >> And have you had times when people responded to the first knock? >> Yes, sir. >> And most of those were without tension. >> Yes, sir. But you didn't get a response this time. No, sir. But after the first knock, did you hear anything coming from the inside of the apartment? 1401? >> Yes, sir. >> Would you tell the jury what you heard? >> So, the the voice that came through uh when I heard it was a male voice with the words [ __ ] and police. I can't explain it any clearer than that. was [ __ ] and police and uh based on that did did that in any way give you concern? >> It did. It gave me the idea that the the individual in the home possibly knew I was there or it was possibly that knocking on the door maybe was beginning to escalate again. So, this is where I'm going to knock again. >> After hearing that information, did you knock a second time? >> Yes, sir. And when you knocked the second time, did you identify yourself, your employer, and uh demand that the door be open? >> Yes, sir. I I clearly and loudly said, "Sheriff's office, open the door." >> And did someone respond on the second knock? >> No, sir. >> On the third knock, >> the prosecution argued that Duran shot fortson even though his gun was pointed at the ground, showing no aggressive movement toward the deputy. Duran's defense countered that he acted in self-defense. According to his lawyers, he believed he was in imminent danger the moment Fortson opened the door. After the trial, the jury deliberated for about two hours, and eventually Duran was found not guilty of manslaughter with a firearm.