FL Judge Denies Mot to Dismiss in LEO Shooting of SrA Roger Fortson - Massad Ayoob as expert witness
Posted: 9/16/2026 2:28:46 PM EDT
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Do you guys remember when the cop shot a USAF Airman standing in his doorway holding a gun at his side? The Court just denied a motion to dismiss, observing that "the display of a firearm is considered non-deadly force as a matter of law." (Order at 29). The Judge continued: "To be clear, while this Court does not suggest that citizens should generally answer the doors of their homes while holding firearm, citizen absolutely does not forfeit constitutional and statutory rights when law enforcement officer knocks and announces law enforcement presence, without other circumstances being present." In a footnote, Judge Stone added: "This Court strongly encourages everyone reading this order to become informed of the best practices for avoiding tragedy when responding to an unexpected knock at the door. For example, if the person knocking at the door claims to be law enforcement officer, readers of this order should know how to verify that the person is an officer, which might include contacting local law enforcement for verification of that person's identity when that verification cannot otherwise be safely and reliably done from inside of their home." I've had beers with Judge Stone on a few occasions at local bar events, and he's always come across as a solid jurist. The local bar association is great for such a small town and has even set up machine gun shoots for bar members with the Sheriff's Office. The testimony and video evidence by Massad Ayoob is discussed mostly on pp. 13-17. The Court didn't seem impressed by it. The opinion and some discussion of the case is here at a local news site: https://midbaynews.com/post/judge-denies-controversial-dismissal-motions-in-manslaughter-case" target="_blank">https://midbaynews.com/post/judge-denies-controversial-dismissal-motions-in-manslaughter-case |
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Originally Posted By HammerHammer: Not answering the door is also a valid response. Not making a comment either way on this case, just saying, you can ignore them. Originally Posted By HammerHammer: Not answering the door is also a valid response. Not making a comment either way on this case, just saying, you can ignore them. Of course that's an option. Though, it seems that LEO rarely just goes away. The judge also addresses the fact that Fortson had little opportunity to see that it was LEO at the door, and he notes that it's not unexpected that someone would answer the door with a gun in their hand. In circumstances like the ones in this case (e.g., no windows permitted Senior Airman Fortson to view Defendant and determine identity; Defendant's positioning to the side of the door could prevent Senior Airman Fortson from determining Defendant's identity; Defendant had little information regarding apartment 1401; and no sounds at or near the apartment door indicated that any domestic disturbance was occurring or had occurred), reasonably cautious and prudent person could expect that the occupant of apartment 1401 might lawfully answer the door holding firearm for purposes of self-defense. Under the circumstances of this case, reasonably cautious and prudent person would not use deadly force upon the observation of firearm held at the side, pointed down, with the finger outside the trigger guard. |
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Originally Posted By HammerHammer: Not answering the door is also a valid response. Not making a comment either way on this case, just saying, you can ignore them. Agreed. If they want in they’ll get in. If not, a lot of aggressive banging on the door until they decide to leave. Still, cop is guilty as sin. Maximum penalty and maximum sentence. |
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Originally Posted By fadedsun: Bad shoot for sure. Simply having a handgun even in the hand isn’t deadly force. Horrific situation all around.  Daniel Shaver was killed for even less and posters though it was incorrect that Brailsford was even tried. 
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Originally Posted By SmilingBandit: Daniel Shaver was killed for even less and posters though it was incorrect that Brailsford was even tried. Originally Posted By SmilingBandit: Originally Posted By fadedsun: Bad shoot for sure. Simply having a handgun even in the hand isn’t deadly force. Horrific situation all around. Daniel Shaver was killed for even less and posters though it was incorrect that Brailsford was even tried. You're joking???? That was a cold blooded murder. |
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Originally Posted By Hostile1: You're joking???? That was a cold blooded murder. Originally Posted By Hostile1: Originally Posted By SmilingBandit: Originally Posted By fadedsun: Bad shoot for sure. Simply having a handgun even in the hand isn’t deadly force. Horrific situation all around. Daniel Shaver was killed for even less and posters though it was incorrect that Brailsford was even tried. You're joking???? That was a cold blooded murder. It was bad tactics. But since they didn't know that he didn't have gun, it was reasonable. Not my opinion, a summary of others. |
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Originally Posted By SmilingBandit: It was bad tactics. But since they didn't know that he didn't have gun, it was reasonable. Not my opinion, a summary of others. That's not how that works. You observe someone has a gun, otherwise they don't have one. THAT is reasonable. Proving a negative, on the instant, is an absurd approach. |
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Originally Posted By Hostile1: You're joking???? That was a cold blooded murder. Originally Posted By Hostile1: Originally Posted By SmilingBandit: Originally Posted By fadedsun: Bad shoot for sure. Simply having a handgun even in the hand isn’t deadly force. Horrific situation all around. Daniel Shaver was killed for even less and posters though it was incorrect that Brailsford was even tried. You're joking???? That was a cold blooded murder. lol. There is almost nothing that some here won't condone. Usually, it's just a cheap troll designed to piss folks off, though some are likely serious. It used to be much worse, but it's trending back that direction, lately. |
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Originally Posted By oulufinn: lol. There is almost nothing that some here won't condone. Usually, it's just a cheap troll designed to piss folks off, though some are likely serious. It used to be much worse, but it's trending back that direction, lately. If only. But that case level set my expectations for accountability and who would defend what. |
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Originally Posted By SmilingBandit: Daniel Shaver was killed for even less and posters though it was incorrect that Brailsford was even tried. I remember that one. The police department allowed the shooter to be rehired so that he could collect disability benefits. |
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Originally Posted By davewvu86: I remember that one. The police department allowed the shooter to be rehired so that he could collect disability benefits. Originally Posted By davewvu86: Originally Posted By SmilingBandit: Daniel Shaver was killed for even less and posters though it was incorrect that Brailsford was even tried. I remember that one. The police department allowed the shooter to be rehired so that he could collect disability benefits. He did. He gets a fat pension for life because he's sad he murdered someone. |
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Originally Posted By 103: Not my first or 87th call looking for an expert. Originally Posted By 103: Originally Posted By davewvu86: The Court didn't seem impressed by it. I never understood why he seems to get so much air time. The NRA even had him as a speaker at one of their continuing legal education seminars in Atlanta several years back. |
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Long but a really good watch. The judge used Ayoob's own words against the defenses bullshit claims. Criminal defense attorney, former prosecutor, and former police officer James White analyzes police encounters and constitutional law through the lens of the Fourth Amendment, Terry v. Ohio, Rodriguez v. United States, and modern policing principles. This video examines the recent Stand Your Ground immunity hearing for former Okaloosa County Deputy Eddie Duran, who is charged with manslaughter in the killing of Sr. Airman Roger Fortson, an active airman who was killed after he opened his front door holding a firearm.  Judge SMACKS Down Immunity Claim for Trigger Happy Cop Who Killed Sr. Airman! |
"I think we should get a Machine Gun. We can use it to hunt game, spell out things, or ring in the New Year!" - Bart Simpson
Sorta' related, this "good shoot" just cost the city of Farmington $6,000,000.00. City of Farmington settles lawsuit after police killed man in wrong address shooting City of Farmington settles lawsuit after police killed man in wrong address shooting FARMINGTON, N.M. (KRQE) The City of Farmington will pay millions to settle a lawsuit after police made a mistake there years ago, and it ended with a man dead. Three officers responded to a disturbance call but showed up at the wrong house, then shot and killed the homeowner when he opened the door. In April 2023, around 11:30 p.m., Farmington Police got a call about a domestic disturbance at a home at 5308 Valley View and knocked on the door, but officers soon realized they had gone to the wrong home and instead showed up to 5305 Valley View. After a few moments, police could be heard joking about the mistake. Robert Dotson was asleep upstairs and believed he heard a knock. As he went downstairs, he grabbed his gun and went to the door. When Dotson opened the door, police saw the gun and fired 12 shots, hitting and killing him. |
"I think we should get a Machine Gun. We can use it to hunt game, spell out things, or ring in the New Year!" - Bart Simpson
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Originally Posted By parshooter: Sorta' related, this "good shoot" just cost the city of Farmington $6,000,000.00.  https://www.youtube.com/watch?v=UMtQGeyjlHgCity of Farmington settles lawsuit after police killed man in wrong address shooting FARMINGTON, N.M. (KRQE) The City of Farmington will pay millions to settle a lawsuit after police made a mistake there years ago, and it ended with a man dead. Three officers responded to a disturbance call but showed up at the wrong house, then shot and killed the homeowner when he opened the door. In April 2023, around 11:30 p.m., Farmington Police got a call about a domestic disturbance at a home at 5308 Valley View and knocked on the door, but officers soon realized they had gone to the wrong home and instead showed up to 5305 Valley View. After a few moments, police could be heard joking about the mistake. Robert Dotson was asleep upstairs and believed he heard a knock. As he went downstairs, he grabbed his gun and went to the door. When Dotson opened the door, police saw the gun and fired 12 shots, hitting and killing him. There's quite a bit of backstory there. For one, Dotson actually did raise his pistol at them. In his defense, two of his coworkers had been shot to death earlier that day at work by an unknown assailant at large (guy's in jail now on other charges, but at the time the motive and identity of the perp was completely unknown). At least according to his coworkers (never have seen autopsy), Dotson was highly intoxicated that night. And it should be noted that his wife then picked up the pistol and blindly shot at the officers who had retreated across the yard. It turned out a computer error had showed the house on the wrong side of the street. I've said it before, and will say it again...answer unknown knocks with a gun, but keep the gun out of view for fucks sake until you're cleared hot by an imminent threat. Done it over the years on both sides of the door. Common sense applies when playing with adult rules of life and death. |
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Originally Posted By parshooter: Sorta' related, this "good shoot" just cost the city of Farmington $6,000,000.00. https://www.youtube.com/watch?v=UMtQGeyjlHgCity of Farmington settles lawsuit after police killed man in wrong address shooting FARMINGTON, N.M. (KRQE) The City of Farmington will pay millions to settle a lawsuit after police made a mistake there years ago, and it ended with a man dead. Three officers responded to a disturbance call but showed up at the wrong house, then shot and killed the homeowner when he opened the door. In April 2023, around 11:30 p.m., Farmington Police got a call about a domestic disturbance at a home at 5308 Valley View and knocked on the door, but officers soon realized they had gone to the wrong home and instead showed up to 5305 Valley View. After a few moments, police could be heard joking about the mistake. Robert Dotson was asleep upstairs and believed he heard a knock. As he went downstairs, he grabbed his gun and went to the door. When Dotson opened the door, police saw the gun and fired 12 shots, hitting and killing him. Good news for the family! That was on my watch list for a long time. Good to see justice at least on the civil side served. |
Snap, bang or fizz I like all 3