Family Files Wrongful Death Lawsuit After U.S. Airman is Shot and Killed in His Own Home

The mother of a slain U.S. airman has filed a wrongful death lawsuit against several parties she believes are responsible for her son’s death. The 23-year-old airman was gunned down inside of his apartment last year. Her lawsuit alleges excessive force, wrongful death, and municipal liability, among other wrongdoings. The defendant in the lawsuit is the Okaloosa County Sheriff’s Office, Deputy Eddie Duran, the Elan Apartments where the decedent lived, and a leasing agent identified as Jane Doe.

According to the lawsuit, the decedent was lawfully in possession of a legally owned firearm and posed no threat to anyone. He was killed as a result of “a cascade of negligent, reckless, and unconstitutional actions by both law enforcement and the apartment complex where he resided.” The officer who fired the fatal shot has since been fired and criminally charged. In August, he was charged with manslaughter with a firearm, a first-degree felony that is punishable by up to 30 years in prison. The sheriff’s department admonished the officer’s actions and the unnecessary use of force.

The killing 

The decedent was killed on May 3 in his off-base Fort Walton Beach apartment. According to the lawsuit, that afternoon, while alone in his apartment and on a FaceTime call with his girlfriend, a leasing agent at Elan Apartments called the Okaloosa Sheriff’s Office and reported a possible domestic disturbance. The lawsuit alleges the agent’s claim was unverified and based on secondhand information.

Based on information provided by the leasing agent, Duran was sent to the decedent’s apartment, which started a confrontation that ended with Duran shooting the decedent. The sheriff’s department released “objective facts” on their interaction. Duran waited at the decedent’s door and waited for sounds of a possible “disturbance.” However, he heard nothing, knocked without announcing he was a deputy, and said that he heard “something to the effect of it’s the (expletive) police. The officer knocked loudly two more times. This time, he announced himself. When the decedent opened the door, Duran said he saw him holding a gun in his hand. The gun was pointed at the ground “sufficiently enough for the former deputy to clearly see the rear face of the rear sight,” according to the sheriff’s office’s account. Duran then fired six shots at the decedent, killing him.

In its findings, the sheriff’s office concluded that the decedent did not physically resist in any way and did not point the gun at Duran, which was obvious through body cam footage.

Law enforcement can be held accountable for the unlawful killing of a citizen. In this case, the plaintiff has a strong case for wrongful death.

Talk to a Tampa, FL Wrongful Death Attorney Today 

The Tampa personal injury lawyers at Florin Gray represent the interests of grieving families in wrongful death lawsuits filed against negligent defendants. Call our office today to schedule an appointment, and we can begin discussing your next steps immediately.

Source:

miamiherald.com/news/state/florida/article305855861.html