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Deputies responding to a disturbance call at a Florida apartment complex burst into the wrong unit and fatally shot a Black U.S. Air Force airman who was home alone when they saw he was armed with a gun, an attorney for the man’s family said Wednesday.

Senior Airman Roger Fortson, 23, who was based at the Special Operations Wing at Hurlburt Field, was at his home at Chez Elan Apartments, around five miles from the air base, when he was killed.

Civil rights attorney Ben Crump said in a statement that Fortson was on a Facetime call with a woman at the time of the encounter.

According to Crump, the woman, whom Crump didn’t identify, said Fortson was alone in his apartment when he heard a knock at the door. He asked who was there but didn’t get a response. A few minutes later, there was a very aggressive knock on the door, Crump said in a statement, but Fortson didn’t see anyone when he looked out the peephole.

The woman said Fortson was concerned and went to retrieve his gun, which Crump said was legally owned.

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