With jury selection scheduled to begin September 28, 2026, Judge William F. Stone has cleared the final procedural hurdles in the manslaughter trial of former Okaloosa County Sheriff’s Deputy Eddie Duran. Two key court orders issued in mid-September denied Duran’s bid for Stand Your Ground immunity and rejected a defense motion seeking the judge’s recusal.
Stand Your Ground Immunity Denied to Former Deputy Eddie Duran
In a 34-page order issued September 11, 2026, Judge Stone formally denied Duran’s motion to dismiss charges of manslaughter with a firearm. The ruling follows an August evidentiary hearing where Duran gave testimony regarding the fatal May 3, 2024, shooting of 23-year-old Hurlburt Field Senior Airman Roger Fortson.
Dismissal-motionJudge Stone ruled that while Duran held a subjective belief that he was in danger, his use of deadly force was objectively unreasonable:
- Right to Bear Arms: Under Florida’s Castle Doctrine and statutory law, Fortson had an unequivocal right to carry a firearm inside his home. Holding a handgun pointed down at one’s side with a finger off the trigger constitutes non-deadly force as a matter of law.
- Legal Standard: The court rejected defense arguments to apply a Fourth Amendment “reasonable officer on the scene” standard, ruling that statutory immunity under Florida law requires evaluation under a “reasonably cautious and prudent person” standard.
- Objective Evidence: Body camera footage showed Fortson made no hostile movements when he opened the door, and his small white dog appeared calm at the entrance. Duran testified that merely seeing the weapon was the sole prompt to shoot.
Limits Placed on Expert Testimony
Alongside the dismissal denial, the court restricted defense expert witnesses for trial:
- Use-of-Force Experts: Testimony from defense experts (Massad Ayoob, Kevin Williams, and Lewis “Von” Kliem) regarding law enforcement training is admissible only to explain Duran’s subjective state of mind, not to opine on whether his force was objectively reasonable.
- Excluded Evidence: The court excluded Ayoob’s video demonstrations on human reaction times under Daubert scientific reliability standards. Additionally, while enhanced body-camera audio is admissible, lay witness opinions about what specific words were spoken were barred.
Recusal Challenge Rejected
On September 14, defense attorneys filed a motion requesting Judge Stone disqualify himself. The defense claimed Judge Stone demonstrated judicial bias by referencing non-record information—specifically citing an Air & Space Forces Magazine article praising Fortson as a “combat-decorated” aviator—in his dismissal order. Judge Stone denied the disqualification motion the same day as “legally insufficient” under Florida rules.
DisqualificationRoad to Trial
Duran was fired from the Okaloosa County Sheriff’s Office following an internal investigation (detailed in Who is Eddie Duran?) and subsequently charged. Following extensive reporting on the murder case dismissal hearing and the defense immunity push, the case now likely proceeds to trial on September 28.
The state initially filed second-degree murder charges against Duran for his role in the shooting death of Fortson. They have since been changed to manslaughter charges.
