U.S. Airman Roger Fortson (left) in a U.S. Air Force photo, (right) civil rights lawyer Ben Crump (AP Photo/Ted Shaffrey, File)
A prominent civil rights lawyer representing the family of a 23-year-old U.S. senior airman shot to death at home in Fort Walton Beach last Friday afternoon is now alleging that Roger Fortson was by himself and on FaceTime when an Okaloosa County, Florida, deputy “burst through the door” of the wrong address and shot him six times, killing him.
Attorney Ben Crump announced several demands of law enforcement on Wednesday for transparency about the circumstances of the shooting, citing “serious questions that demand immediate answers” in light of an “alarming witness statement that the police entered the wrong apartment” during their response to a disturbance call.
Crump’s law firm said that the witness was a woman on a FaceTime call with Fortson “during the entire encounter.”
“Roger was alone in his apartment when he heard a knock at the door. He asked, ‘Who is it?’ but didn’t get a response,” a press release said of the witness’s account. “A few minutes later, there was a very aggressive knock on the door, but Roger didn’t see anyone when he looked out the peephole.”
“Concerned, he did what any other law-abiding citizen would do and retrieved his legally-owned gun, but as he was walking back to the living room, police burst through the door. When they saw the gun, they shot roger six times.”
The witness, Crump’s firm said, recalled hearing a dying Fortson say “I can’t breathe.”
“She has also said the police were in the wrong apartment as there was no disturbance in the apartment and he was alone,” the firm said.
Now, Ben Crump is demanding the release of body cam video to shed light on the lead-up to Fortson’s death, as authorities have resisted releasing recordings as a larger investigation ramps up.
“The narrative released by law enforcement, which falsely suggests that Roger posed a threat, is deeply troubling and inconsistent with the details provided by that witness: Roger was home alone, causing no disturbance, when his life was tragically cut short by law enforcement,” Crump said.
Okaloosa County Sheriff Eric Aden, in a statement on the shooting, described Fortson as “an armed man.” The deputy that opened fire, who has not been identified, is on leave, and the shooting is under investigation, Aden added.
“I immediately placed the deputy on administrative leave and have asked the Florida Department of Law Enforcement (FDLE) to conduct the investigation that is required in such incidents,” the sheriff said. “The State Attorney’s Office will also conduct an independent review. At this time, we humbly ask for our community’s patience as we work to understand the facts that resulted in this tragic event.”
Though the circumstances appear to be different, based on how Crump described the Fortson shooting, it was nonetheless reminiscent of another case, in which Crump represented the family of a Black man who was shot and killed by a police officer who entered the wrong apartment.
Amber Guyger, then a Dallas police officer, was off-duty and returning home from work in September 2018, but Guyger walked up to an apartment door that was not hers. It was 26-year-old Botham Jean’s.
Botham Jean appears in a 2014 portrait released by Harding University, his alma mater.
The case established that Guyger, still wearing her uniform, parked her car on the wrong floor of her apartment complex, walked up to Jean’s door, ignored telltale signs that the apartment was not hers (such as the floor mat in front of the door that her apartment did not have), pulled her gun, and opened fire wrongly believing Jean, an accountant unwinding at home and eating ice cream, was an intruder.
After the shooting, Guyger was heard on 911 audio saying “I’m f—ed” as Jean lay dying.
“I’m going to lose my job. I thought it was my apartment/ Hey bud. Hey bud. Hey bud. Come on. Oh f—. I thought it was my apartment,” she said.
Amber Guyger pictured in 2019 (Law&Crime Network)
Guyger repeated that last line over and over again.
“I thought it was my apartment. I thought it was my apartment. I thought it was my apartment. I thought it was my apartment,” she said. “Oh my god. I, I, How the f— did I put the, how did, how did I … I’m so tired.”
At trial, the defense attempted to explain that Guyger was running on “auto-pilot” and exhausted from working overtime, but a jury of her peers found her guilty of murder in 2019. That conviction was upheld on appeal.
It remains to be seen if Florida investigators will find whether the deputy who shot Fortson can credibly raise a self-defense argument, considering that Crump has said Fortson “legally-owned” the firearm he “retrieved” before his death.
Hurlburt Field, the U.S. Air Force base where Fortson was assigned to the 4th Special Operations Squadron, said in a statement that it would not be releasing additional information “at this time.”
“The 1st Special Operations Wing’s priorities are providing casualty affairs service to the family, supporting the squadron during this tragic time, and ensuring resources are available for all who are impacted,” the statement said.
The apartment where Fortson was fatally shot was not located on the base but was miles away.
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