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Body camera video shows fatal shooting of Black airman by Florida deputy in apartment doorway

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Body camera video shows fatal shooting of Black airman by Florida deputy in apartment doorway
News

News

Body camera video shows fatal shooting of Black airman by Florida deputy in apartment doorway

2024-05-10 06:59 Last Updated At:07:01

FORT WALTON BEACH, Fla. (AP) — A Florida sheriff released body camera video Thursday showing a deputy outside an apartment door and firing immediately when it was opened by a Black man carrying a handgun pointed downward, a killing the family denounced as “unjustifiable.”

Okaloosa County Sheriff Eric Aden presented the video hours after the family of U.S. Air Force Senior Airman Roger Fortson and their attorneys held a news conference in which they disputed that the deputy acted in self-defense. Aden rejected assertions made by civil rights attorney Ben Crump, who is representing Fortson's family, that the deputy had gone to the wrong apartment, covered the door's peephole and did not announce himself.

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Okaloosa County Sheriff Eric Aden holds a news conference where he shared deputy body cam footage of the May 3, 2024 shooting of Roger Fortson, a U.S. Navy airman, Thursday, May 9, 2024, in Fort Walton Beach, Fla. Fortson was shot in his apartment after a response to a complaint. (AP Photo/Gerald Herbert)

FORT WALTON BEACH, Fla. (AP) — A Florida sheriff released body camera video Thursday showing a deputy outside an apartment door and firing immediately when it was opened by a Black man carrying a handgun pointed downward, a killing the family denounced as “unjustifiable.”

Okaloosa County Sheriff Eric Aden holds a news conference where he shared deputy body cam footage, displayed on screen at center, of the May 3, 2024 shooting of Roger Fortson, a U.S. Navy airman, Thursday, May 9, 2024, in Fort Walton Beach, Fla. Fortson was shot in his apartment after a response to a complaint. (AP Photo/Gerald Herbert)

Okaloosa County Sheriff Eric Aden holds a news conference where he shared deputy body cam footage, displayed on screen at center, of the May 3, 2024 shooting of Roger Fortson, a U.S. Navy airman, Thursday, May 9, 2024, in Fort Walton Beach, Fla. Fortson was shot in his apartment after a response to a complaint. (AP Photo/Gerald Herbert)

Okaloosa County Sheriff Eric Aden holds a news conference where he shared deputy body cam footage, displayed on screen at center, of the May 3, 2024 shooting of Roger Fortson, a U.S. Navy airman, Thursday, May 9, 2024, in Fort Walton Beach, Fla. Fortson was shot in his apartment after a response to a complaint. (AP Photo/Gerald Herbert)

Okaloosa County Sheriff Eric Aden holds a news conference where he shared deputy body cam footage, displayed on screen at center, of the May 3, 2024 shooting of Roger Fortson, a U.S. Navy airman, Thursday, May 9, 2024, in Fort Walton Beach, Fla. Fortson was shot in his apartment after a response to a complaint. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, holds a photo of her son during a news conference with Attorney Ben Crump, Thursday, May 9, 2024, in Fort Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, holds a photo of her son during a news conference with Attorney Ben Crump, Thursday, May 9, 2024, in Fort Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Attorney Ben Crump walks with Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, as they leave a news conference about his death, Thursday, May 9, 2024, in Fort Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Attorney Ben Crump walks with Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, as they leave a news conference about his death, Thursday, May 9, 2024, in Fort Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, weeps as she holds a photo of her son during a news conference regarding his death, along with family and Attorney Ben Crump, right, and Brian Bar, left, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, weeps as she holds a photo of her son during a news conference regarding his death, along with family and Attorney Ben Crump, right, and Brian Bar, left, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, holds a photo of her son during a news conference regarding his death, along with family and Attorney Ben Crump, right, and Brian Bar, left, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. Far right is attorney Natalie Jackson. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, holds a photo of her son during a news conference regarding his death, along with family and Attorney Ben Crump, right, and Brian Bar, left, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. Far right is attorney Natalie Jackson. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, holds a photo of her son during a news conference regarding his death, along with family and Attorney Ben Crump, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, holds a photo of her son during a news conference regarding his death, along with family and Attorney Ben Crump, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, weeps as she holds a photo of her son during a news conference regarding his death, along with family and Attorney Ben Crump, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, weeps as she holds a photo of her son during a news conference regarding his death, along with family and Attorney Ben Crump, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, is comforted by family as she holds a photo of her son during a news conference regarding his death, along with family and Attorney Ben Crump, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, is comforted by family as she holds a photo of her son during a news conference regarding his death, along with family and Attorney Ben Crump, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Attorney Ben Crump walks with Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, as they leave a news conference about his death, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Attorney Ben Crump walks with Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, as they leave a news conference about his death, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, speaks about her son during a news conference regarding his death, with Attorney Ben Crump, right, and attorney Brian Barr, far right. Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, speaks about her son during a news conference regarding his death, with Attorney Ben Crump, right, and attorney Brian Barr, far right. Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Attorney Ben Crump walks with Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, as they arrive for a news conference about his death, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Attorney Ben Crump walks with Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, as they arrive for a news conference about his death, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, holds a photo of her son during a news conference regarding his death, along with family and Attorney Ben Crump, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, holds a photo of her son during a news conference regarding his death, along with family and Attorney Ben Crump, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, holds a photo of her son during a news conference regarding his death, with Attorney Ben Crump, right, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, holds a photo of her son during a news conference regarding his death, with Attorney Ben Crump, right, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, is comforted as she speaks about her son during a news conference regarding his death, with Attorney Ben Crump, behind, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, is comforted as she speaks about her son during a news conference regarding his death, with Attorney Ben Crump, behind, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Family members wipe away the tears of Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, as she holds a photo of her son during a news conference regarding his death, with Attorney Ben Crump, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Family members wipe away the tears of Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, as she holds a photo of her son during a news conference regarding his death, with Attorney Ben Crump, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, holds a photo of her son during a news conference regarding his death, along with family and Attorney Ben Crump, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, holds a photo of her son during a news conference regarding his death, along with family and Attorney Ben Crump, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Florida deputies who fatally shot US airman burst into wrong apartment, attorney says

Florida deputies who fatally shot US airman burst into wrong apartment, attorney says

Florida deputies who fatally shot US airman burst into wrong apartment, attorney says

Florida deputies who fatally shot US airman burst into wrong apartment, attorney says

FILE - Civil rights attorney Ben Crump speaks in the Audubon Ballroom, now part of The Malcolm X & Dr. Betty Shabazz Memorial and Educational Center, in New York, on Wednesday, Feb. 21, 2024. (AP Photo/Ted Shaffrey, File)

FILE - Civil rights attorney Ben Crump speaks in the Audubon Ballroom, now part of The Malcolm X & Dr. Betty Shabazz Memorial and Educational Center, in New York, on Wednesday, Feb. 21, 2024. (AP Photo/Ted Shaffrey, File)

The video shows the deputy arriving at a Fort Walton Beach apartment building on May 3 and speaking to a woman outside who described someone hearing an argument. The deputy then went up an elevator and walked down an outdoor hallway.

The video shows the deputy banging on the door and stepping aside, seemingly out of view of the door. Twice he shouted: “Sheriff’s office! Open the door!”

Fortson opened the door and could be seen holding what appeared to be handgun pointed down toward the floor. The deputy shouted, “Step back!” and fired off shots. He then shouted, “Drop the gun! Drop the gun!”

“It’s over there,” Fortson said.

“Drop the gun!” the deputy yelled back.

“I don’t have it,” Fortson said, lying on the ground.

The deputy then called paramedics on his radio.

The sheriff’s office has declined to identify the responding deputy or his race. The deputy was placed on administrative leave pending an investigation.

Crump released a statement later noting that the officer did not tell Fortson to drop his gun before shooting “multiple times within a split second of the door being opened.”

“We remain adamant that the police had the wrong apartment as Roger was on the phone with his girlfriend for a substantial amount of time leading up to the shooting, and no one else was in the apartment,” the statement said.

Crump also told reporters earlier that Fortson was talking to his girlfriend on FaceTime and that he grabbed his gun because he heard someone outside his apartment. He said that the deputy burst into the apartment, citing the account of the girlfriend, who has not yet been identified.

“The girlfriend acknowledges that even though she initially thought the door was forced open by the police that she stands by her emotional recollection of what happened," Crump's later statement said.

In a clip from the FaceTime video captured by Fortson’s cellphone, the airman can be heard groaning and saying, “I can’t breathe.” A deputy can be heard yelling back at him, “Stop moving!” The phone is pointed at the ceiling and does not show what is going on in the apartment.

Aden said he had met with the family Thursday and extended his deepest condolences.

“This result is one we never hope to encounter,” Aden said. “These investigations take time, but I want to assure you that we are not hiding or attempting to cover anything up.”

Officials have said the Florida Department of Law Enforcement is investigating. FDLE spokeswoman Gretl Plessinger told The Associated Press on Wednesday that it is unlikely the agency will have any further comment until the investigation is complete.

The sheriff said the probe was being handled as a criminal investigation and that no determination had yet been made on whether the deputy’s actions were justified or not. However, the initial news release from the sheriff's office that described the shooting said that the deputy “reacted in self-defense after he encountered a 23-year-old man armed with a gun.”

Fortson's mother, Chantemekki Fortson, walked into the morning news conference with Crump holding a framed portrait of her son in his dress uniform. She burst into tears as Crump spoke about her son's death.

“My baby was shot up,” she said.

Crump called the shooting “an unjustifiable killing.”

“For whatever reason, they thought he was a bad guy, but he was a good guy. He was a great guy. He was an exceptional guy,” Crump said. “They took a patriot from us."

Crump said Fortson, originally from Atlanta, was shot six times.

Fortson enlisted in the Air Force after graduating high school, Crump said. He was based at the Special Operations Wing at Hurlburt Field. As a special missions aviator, one of his roles was to load the gunship’s cannons during missions.

Crump, based in Tallahassee, Florida, has been involved in multiple high-profile cases of Black people in fatal encounters with law enforcement and vigilantes, including those of Ahmaud Arbery, Trayvon Martin, Tyre Nichols, George Floyd and Breonna Taylor, who was also killed in her home during a no-knock police raid that targeted her ex-boyfriend in 2020.

Fortson's death draws striking similarities to other Black people killed in recent years by police in their homes.

In 2018, a white Dallas police officer fatally shot Botham Jean, who was unarmed, after mistaking his apartment for her own. Amber Guyger, the former officer, was convicted of murder and was sentenced to 10 years in prison.

In 2019, a white Fort Worth, Texas, officer fatally shot Atatiana Jefferson through a rear window of her home after responding to a nonemergency call reporting that Jefferson’s front door was open. Aaron Dean, the former officer, was convicted of manslaughter and sentenced to nearly 12 years in prison.

Crump represented families in both cases as part of his effort to force accountability for the killings of Black people at the hands of police.

Schneider reported from Orlando, Fla.

This story has been updated to correct the spelling of the name of Fortson’s mother to Chantemekki instead of Chantimekki and to reflect that some of the cases Crump has been involved with were encounters with vigilantes, not just law enforcement.

Okaloosa County Sheriff Eric Aden holds a news conference where he shared deputy body cam footage of the May 3, 2024 shooting of Roger Fortson, a U.S. Navy airman, Thursday, May 9, 2024, in Fort Walton Beach, Fla. Fortson was shot in his apartment after a response to a complaint. (AP Photo/Gerald Herbert)

Okaloosa County Sheriff Eric Aden holds a news conference where he shared deputy body cam footage of the May 3, 2024 shooting of Roger Fortson, a U.S. Navy airman, Thursday, May 9, 2024, in Fort Walton Beach, Fla. Fortson was shot in his apartment after a response to a complaint. (AP Photo/Gerald Herbert)

Okaloosa County Sheriff Eric Aden holds a news conference where he shared deputy body cam footage, displayed on screen at center, of the May 3, 2024 shooting of Roger Fortson, a U.S. Navy airman, Thursday, May 9, 2024, in Fort Walton Beach, Fla. Fortson was shot in his apartment after a response to a complaint. (AP Photo/Gerald Herbert)

Okaloosa County Sheriff Eric Aden holds a news conference where he shared deputy body cam footage, displayed on screen at center, of the May 3, 2024 shooting of Roger Fortson, a U.S. Navy airman, Thursday, May 9, 2024, in Fort Walton Beach, Fla. Fortson was shot in his apartment after a response to a complaint. (AP Photo/Gerald Herbert)

Okaloosa County Sheriff Eric Aden holds a news conference where he shared deputy body cam footage, displayed on screen at center, of the May 3, 2024 shooting of Roger Fortson, a U.S. Navy airman, Thursday, May 9, 2024, in Fort Walton Beach, Fla. Fortson was shot in his apartment after a response to a complaint. (AP Photo/Gerald Herbert)

Okaloosa County Sheriff Eric Aden holds a news conference where he shared deputy body cam footage, displayed on screen at center, of the May 3, 2024 shooting of Roger Fortson, a U.S. Navy airman, Thursday, May 9, 2024, in Fort Walton Beach, Fla. Fortson was shot in his apartment after a response to a complaint. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, holds a photo of her son during a news conference with Attorney Ben Crump, Thursday, May 9, 2024, in Fort Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, holds a photo of her son during a news conference with Attorney Ben Crump, Thursday, May 9, 2024, in Fort Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Attorney Ben Crump walks with Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, as they leave a news conference about his death, Thursday, May 9, 2024, in Fort Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Attorney Ben Crump walks with Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, as they leave a news conference about his death, Thursday, May 9, 2024, in Fort Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, weeps as she holds a photo of her son during a news conference regarding his death, along with family and Attorney Ben Crump, right, and Brian Bar, left, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, weeps as she holds a photo of her son during a news conference regarding his death, along with family and Attorney Ben Crump, right, and Brian Bar, left, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, holds a photo of her son during a news conference regarding his death, along with family and Attorney Ben Crump, right, and Brian Bar, left, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. Far right is attorney Natalie Jackson. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, holds a photo of her son during a news conference regarding his death, along with family and Attorney Ben Crump, right, and Brian Bar, left, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. Far right is attorney Natalie Jackson. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, holds a photo of her son during a news conference regarding his death, along with family and Attorney Ben Crump, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, holds a photo of her son during a news conference regarding his death, along with family and Attorney Ben Crump, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, weeps as she holds a photo of her son during a news conference regarding his death, along with family and Attorney Ben Crump, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, weeps as she holds a photo of her son during a news conference regarding his death, along with family and Attorney Ben Crump, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, is comforted by family as she holds a photo of her son during a news conference regarding his death, along with family and Attorney Ben Crump, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, is comforted by family as she holds a photo of her son during a news conference regarding his death, along with family and Attorney Ben Crump, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Attorney Ben Crump walks with Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, as they leave a news conference about his death, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Attorney Ben Crump walks with Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, as they leave a news conference about his death, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, speaks about her son during a news conference regarding his death, with Attorney Ben Crump, right, and attorney Brian Barr, far right. Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, speaks about her son during a news conference regarding his death, with Attorney Ben Crump, right, and attorney Brian Barr, far right. Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Attorney Ben Crump walks with Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, as they arrive for a news conference about his death, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Attorney Ben Crump walks with Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, as they arrive for a news conference about his death, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, holds a photo of her son during a news conference regarding his death, along with family and Attorney Ben Crump, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, holds a photo of her son during a news conference regarding his death, along with family and Attorney Ben Crump, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, holds a photo of her son during a news conference regarding his death, with Attorney Ben Crump, right, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, holds a photo of her son during a news conference regarding his death, with Attorney Ben Crump, right, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, is comforted as she speaks about her son during a news conference regarding his death, with Attorney Ben Crump, behind, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, is comforted as she speaks about her son during a news conference regarding his death, with Attorney Ben Crump, behind, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Family members wipe away the tears of Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, as she holds a photo of her son during a news conference regarding his death, with Attorney Ben Crump, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Family members wipe away the tears of Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, as she holds a photo of her son during a news conference regarding his death, with Attorney Ben Crump, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, holds a photo of her son during a news conference regarding his death, along with family and Attorney Ben Crump, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Chantimekki Fortson, mother of Roger Fortson, a U.S. Navy airman, holds a photo of her son during a news conference regarding his death, along with family and Attorney Ben Crump, Thursday, May 9, 2024, in Ft. Walton Beach, Fla. Fortson was shot and killed by police in his apartment on May 3, 2024. (AP Photo/Gerald Herbert)

Florida deputies who fatally shot US airman burst into wrong apartment, attorney says

Florida deputies who fatally shot US airman burst into wrong apartment, attorney says

Florida deputies who fatally shot US airman burst into wrong apartment, attorney says

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FILE - Civil rights attorney Ben Crump speaks in the Audubon Ballroom, now part of The Malcolm X & Dr. Betty Shabazz Memorial and Educational Center, in New York, on Wednesday, Feb. 21, 2024. (AP Photo/Ted Shaffrey, File)

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London court to decide whether WikiLeaks founder Assange is extradited to the US

2024-05-20 16:17 Last Updated At:16:34

LONDON (AP) — WikiLeaks founder Julian Assange faced a hearing Monday in the High Court in London that could end with him being sent to the U.S. to face espionage charges, or could provide him another chance to appeal his extradition.

The outcome will depend on how much weight judges give to assurances U.S. officials have provided that Assange’s rights won’t be trampled if he goes on trial.

In March, two judges rejected the bulk of Assange's arguments but said he could take his case to the Court of Appeal unless the U.S. guaranteed he would not face the death penalty if extradited and would have the same free speech protections as a U.S. citizen.

The court said that if Assange, who is an Australian citizen, couldn’t rely on the First Amendment then it was arguable his extradition would be incompatible with the European Convention on Human Rights, which also provides free speech and media protections.

The U.S. has provided those reassurances, though Assange's legal team and supporters argue they are not good enough to rely on to send him to the U.S. federal court system.

The U.S. said Assange could seek to rely on the rights and protections of the First Amendment but that a decision on that would ultimately be up to a judge. In the past, the U.S. said it would argue at trial that Assange is not entitled to the constitutional protection because he is not a U.S. citizen.

“The U.S. has limited itself to blatant weasel words claiming that Julian can ‘seek to raise’ the First Amendment if extradited,” his wife, Stella Assange, said. "The diplomatic note does nothing to relieve our family’s extreme distress about his future — his grim expectation of spending the rest of his life in isolation in U.S. prison for publishing award-winning journalism.”

Assange, 52, has been indicted on 17 espionage charges and one charge of computer misuse over his website’s publication of a trove of classified U.S. documents almost 15 years ago. American prosecutors allege that Assange encouraged and helped U.S. Army intelligence analyst Chelsea Manning to steal diplomatic cables and military files that WikiLeaks published.

Commuters emerging from a Tube stop near the courthouse couldn’t miss a large sign bearing Assange’s photo and the words, “Publishing is not a crime. War crimes are.” Scores of supporters gathered outside the neo-Gothic Royal Courts of Justice chanting “Free Julian Assange” and “Press freedom, Assange freedom.”

Some held a large white banner aimed at President Joe Biden, exhorting: “Let him go Joe.”

Assange's lawyers say he could face up to 175 years in prison if convicted, though American authorities have said any sentence would likely be much shorter.

Assange’s family and supporters say his physical and mental health have suffered during more than a decade of legal battles, which includes seven years spent inside the Ecuadorian Embassy in London from 2012 until 2019. He has spent the past five years in a British high-security prison.

Assange’s lawyers argued in February that he was a journalist who exposed U.S. military wrongdoing in Iraq and Afghanistan. Sending him to the U.S., they said, would expose him to a politically motivated prosecution and risk a “flagrant denial of justice.”

The U.S. government says Assange's actions went way beyond those of a journalist gathering information, amounting to an attempt to solicit, steal and indiscriminately publish classified government documents.

If Assange prevails Monday, it would set the stage for an appeal process likely to extend what has already been a long legal saga.

If the court accepts the word of the U.S., it would mark the end of Assange’s legal challenges in the U.K., though it’s unclear what would immediately follow.

His legal team is prepared to ask the European Court of Human Rights to intervene. But his supporters fear Assange could be transferred before the court in Strasbourg, France, could halt his removal.

Judges Victoria Sharp and Jeremy Johnson may also postpone issuing a decision.

If Assange loses in court, he still may have another shot at freedom.

Biden said last month that he was considering a request from Australia to drop the case and let Assange return to his home country.

Officials provided no other details but Stella Assange said it was “a good sign” and Australian Prime Minister Anthony Albanese said the comment was encouraging.

FILE - WikiLeaks founder Julian Assange being taken from court, where he appeared on charges of jumping British bail seven years ago, in London, Wednesday May 1, 2019. Assange faces what could be his final court hearing in England over whether he should be extradited to the United States to face spying charges. (AP Photo/Matt Dunham, File)

FILE - WikiLeaks founder Julian Assange being taken from court, where he appeared on charges of jumping British bail seven years ago, in London, Wednesday May 1, 2019. Assange faces what could be his final court hearing in England over whether he should be extradited to the United States to face spying charges. (AP Photo/Matt Dunham, File)

London court to decide whether WikiLeaks founder Assange is extradited to the US

London court to decide whether WikiLeaks founder Assange is extradited to the US

London court to decide whether WikiLeaks founder Assange is extradited to the US

London court to decide whether WikiLeaks founder Assange is extradited to the US

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