(FORT WALTON BEACH, Fla.) -- A circuit court judge denied a former Florida deputy pre-trial release in connection with the shooting death of United States Air Force Sr. Airman Roger Fortson who was killed in his own home.
Rod Smith, the attorney for ex-deputy Eddie Duran, 38, who made his first court appearance Tuesday via Zoom, asked the court for Duran's release until his next court appearance on Thursday at 12:30 p.m.
"I think he should be released now. We'll be back Thursday. And there's no reason to think - we've had this thing hanging over us since May," Smith said. "We believe that he's no risk, no flight risk. He's going to show up there. He's going to show up anytime."
The state argued that Duran should not be granted pre-trial release because of a new Florida statute that requires him to stay in custody without bond as he is charged with a first-degree felony. The Okaloosa County Circuit Court judge told Duran that he would stay in jail until his next hearing.
Duran's arrest on Monday comes after the Florida state attorney filed one count of manslaughter with a firearm against him on Friday. The charge carries a maximum sentence of 30 years.
Fortson, 23, was in his home in Fort Walton Beach, Florida, on May 3 when Duran responded to the apartment for a call reporting a domestic disturbance, according to the Okaloosa County Sheriff's Office. Fortson was alone in the apartment at the time, police said.
In body-worn camera footage released by the sheriff's office, Fortson is seen holding a gun in his right hand with his arm extended downward and the muzzle pointing at the floor as he opens the door in response to the deputy, who can be heard announcing twice that he's with the sheriff's office. The footage, reviewed by ABC News, also shows Fortson had his left hand up, palm showing, gesturing towards the deputy when he opened the door.
Duran shot Fortson within seconds of the door opening, according to the footage. Fortson died of his injuries.
The deputy said he saw Fortson armed with a gun and claimed that Fortson took a step toward the deputy and had a look of aggression in his eyes, according to an interview Duran conducted with the sheriff's office during their subsequent investigation.
The deputy was terminated in May, according to a sheriff's department statement obtained by ABC News.
Fortson's girlfriend, who asked not to be identified due to fears for her safety, spoke in May to Atlanta ABC affiliate WSB-TV, telling the station her and Fortson were having a conversation on the phone about weekend plans when the shooting occurred.
"We continue to wish Mr. Fortson's family comfort and peace, as the former deputy's criminal case proceeds," the Okaloosa County Sheriff's Office previously told ABC News in a statement. "We stand by our decision to terminate Mr. Duran as a result of the administrative internal affairs investigation that found his use of force was not objectively reasonable."
A sweep of the home did not find another person in the apartment besides Fortson, police said. In the body camera video, a woman, presumed to be a building manager, explains to the officer that someone in the building notified her of the disturbance and that she called police.
Fortson's family said in a statement to ABC News on Friday that the charges marked a "first step towards justice" in the case.
"Nothing can ever bring Roger back, and our fight is far from over, but we are hopeful that this arrest and these charges will result in real justice for the Fortson family," the statement said. "Let this be a reminder to law enforcement officers everywhere that they swore a solemn oath to protect and defend, and their actions have consequences, especially when it results in the loss of life."
The state attorney's office said it's very limited in what it can say because there is still an ongoing investigation.