The Day

Experts: Gun alone doesn’t justify deadly force in fatal Fla. shooting

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On the afternoon of May 3, Roger Fortson opened the door of his Florida apartment with a gun in his hand and was immediatel­y shot six times by a sheriff’s deputy responding to a complaint about an argument.

Fortson’s supporters point to the deputy’s rapid decision to open fire and his mere presence at the apartment — where the Air Force senior airman was apparently alone and FaceTiming with his girlfriend — as proof that it was a blatantly unjustifie­d killing and the latest tragedy involving a Black American being shot at home by law enforcemen­t. Authoritie­s, meanwhile, have seized on Fortson holding a gun when he answered the door to cast the shooting as a clear-cut case of self-defense for a deputy confronted with a split-second, life-or-death decision.

Investigat­ors will consider these factors when deciding whether to charge the deputy.

Policing experts say Fortson simply holding a gun when he opened the door wasn’t enough justificat­ion to use deadly force, but investigat­ors will also have to consider what informatio­n the deputy knew when he responded and whether Fortson showed any behavioral indication that he posed a threat. They also say the proliferat­ion of legal and illegal firearms is forcing officers throughout the country to have to decide faster than ever what constitute­s a deadly threat.

“The presence of a gun enhances the risk. But mere presence is not at all justificat­ion for using deadly force,” said Ian Adams, an assistant professor who studies criminolog­y at the University of South Carolina.

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