Lawyer: Deputy who fatally shot Florida airman had wrong apartment

[The IbanezerScrooge]

Lawyer: Deputy who fatally shot Florida airman had wrong apartment

Roger Fortson was alone in his apartment Friday when a sheriff's deputy burst in and fatally shot him, an attorney for Fortson's family claims.

www.airforcetimes.com

Senior Airman Roger Fortson was home alone in his off-base apartment causing no trouble and FaceTiming with a woman when a Okaloosa County Sheriff’s deputy, responding to the wrong address for a disturbance, broke through his door and fatally shot him Friday, an attorney for the airman’s family said Wednesday.​

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Ben Crump, a civil rights attorney hired by Fortson’s family, detailed the account in a news release, which was also posted on Twitter Wednesday, asking for transparency and the immediate release of body camera footage of the incident.​

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Fortson, 23, was shot six times, said Crump, who attributed his account of the shooting to the woman, a witness who the airman had been FaceTiming with during the incident.​

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According to that woman, Crump said, Fortson heard a knock on his door, and when he asked who it was didn’t get a response. A few minutes later, there was a “very aggressive knock,” but Fortson didn’t see anyone when he looked out the peephole.​

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“Concerned, he did what any other law-abiding citizen would do and retrieved his legally-owned gun,” Crump said.​

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As Fortson walked back to his living room, “police burst through the door” and shot him six times, Crump said, adding that the witness said they saw Fortson on the ground saying, “I can’t breathe.”​

 

[Laodicean60]

Maybe it's YouTube but it seems to happen a lot. How do you raid the wrong house you'd think they would do due diligence before going to a house and shooting up the place.

 

[Belk]

Maybe it's YouTube but it seems to happen a lot. How do you raid the wrong house you'd think they would do due diligence before going to a house and shooting up the place.

They would need to be held accountable when they make a deadly mistake in order for them to want to implement change.

 

[Desk trauma]

From the the same department that brought you the acorn shooting.

 

[iluvatar5150]

The Okaloosa Sheriff’s Office faced scrutiny last year after a deputy mistook a falling acorn striking his patrol vehicle for a gun shot and fired at his SUV while a suspect sat inside restrained.

oof. The sheriff doesn't sound like a terrible guy, but methinks he might have to raise the standards a tad.

Van Renterghem discusses future of sheriff's office

OSKALOOSA — Russell Van Renterghem started his new job as Mahaska County sheriff on Jan. 2, fulfilling a more than year-long quest to win the job. Van Renterghem defeated three

www.oskaloosa.com

 

[wing2000]

According to that woman, Crump said, Fortson heard a knock on his door, and when he asked who it was didn’t get a response. A few minutes later, there was a “very aggressive knock,” but Fortson didn’t see anyone when he looked out the peephole.

Are not police supposed to announce themselves?

 

[Laodicean60]

Are not police supposed to announce themselves?

In the movies they do. I don't know, that's a good question because I assume they do. So if they have a warrant they can bust in and kill you by accident. Copied from a lawyer's site.

"After Knocking – After the police have knocked on your door to announce their presence, they are allowed to knock down your door so long as they have a warrant and have waited a reasonable amount of time for you to answer. This may only be 15-20 seconds, but as long as they have a permit, this is normally an acceptable amount of time. On the other hand, if the officers do not have a warrant, and there is no suspicion of domestic violence, then the officers most likely do not have the right to knock down your door. Even if they do though, it is best to stay calm and to contact your attorney right away so that they can investigate the circumstances and protect your rights.

Exigency – One exception to the knock-and-announce rule is exigency, Exigent circumstances describe an emergency situation. Normally, if the police officers have a permit stating the house may have drugs, and they knock only to hear a toilet flushing, they do not need to wait a reasonable amount of time to enter, as evidence may be getting thrown away. Also, if there is a domestic dispute, and someone’s life is in danger, they may not need to wait to knock down the door.

Permission – The second type of exception to the knock-and-announce rule is written permission granted by a judge. The courts have excused the knock-and-announce rule in drug raids where the officers know the suspect may have large dogs, a security system or have a history of violence. If the courts think it would be dangerous for an officer to announce their presence, they will grant them advance permission for a forced entry, allowing them to break down your door and enter your home to conduct a search or an arrest".
Hamp Law

 

[iluvatar5150]

According to that woman, Crump said, Fortson heard a knock on his door, and when he asked who it was didn’t get a response. A few minutes later, there was a “very aggressive knock,” but Fortson didn’t see anyone when he looked out the peephole.

Are not police supposed to announce themselves?

Even if they are, there are plenty of videos of cops only doing the bare minimum to satisfy this requirement, either not announcing it loudly enough for people to actually hear or not giving people enough time to respond.

 

[Arcangl86]

This may only be 15-20 seconds, but as long as they have a permit, this is normally an acceptable amount of time.

That is wild to me. Unless you are literally standing at the door, this is nowhere near enough time for somebody to respond to a knock and open up. At that point why bother knocking.

 

[Pommer]

In the movies they do. I don't know, that's a good question because I assume they do. So if they have a warrant they can bust in and kill you by accident. Copied from a lawyer's site.

"After Knocking – After the police have knocked on your door to announce their presence, they are allowed to knock down your door so long as they have a warrant and have waited a reasonable amount of time for you to answer. This may only be 15-20 seconds, but as long as they have a permit, this is normally an acceptable amount of time. On the other hand, if the officers do not have a warrant, and there is no suspicion of domestic violence, then the officers most likely do not have the right to knock down your door. Even if they do though, it is best to stay calm and to contact your attorney right away so that they can investigate the circumstances and protect your rights.

Exigency – One exception to the knock-and-announce rule is exigency, Exigent circumstances describe an emergency situation. Normally, if the police officers have a permit stating the house may have drugs, and they knock only to hear a toilet flushing, they do not need to wait a reasonable amount of time to enter, as evidence may be getting thrown away. Also, if there is a domestic dispute, and someone’s life is in danger, they may not need to wait to knock down the door.

Permission – The second type of exception to the knock-and-announce rule is written permission granted by a judge. The courts have excused the knock-and-announce rule in drug raids where the officers know the suspect may have large dogs, a security system or have a history of violence. If the courts think it would be dangerous for an officer to announce their presence, they will grant them advance permission for a forced entry, allowing them to break down your door and enter your home to conduct a search or an arrest".
Hamp Law

This all assumes that the police officers are at the correct address.
EDIT: Having watched the body cam video, a “witness” stated that she had heard sounds of a fight two weeks previously.
The young man opened the door with his gun pointed down, was told to step back before being fired upon.

 

[Hans Blaster]

From the the same department that brought you the acorn shooting.

Oh my, that cop shot his own car because an acorn fell on it.

 

[Arcangl86]

Oh my, that cop shot his own car because an acorn fell on it.

Which would be funny except it appears he was shooting at the man handcuffed in it.

 

[Nithavela]

Which would be funny except it appears he was shooting at the man handcuffed in it.

And missed him.