Report on the Police Murder of Fort Worth Resident Jerry Waller

8/13/2019 Report on the Police Murder of Fort Worth Resident Jerry Waller

1/26

C.P.I.13I007ED FortWorthPoliceDepartment,

MajorCaseUnit,ConfidentialReport

Overview

1

OnMay28,2013at12:49a.m.,a representativeofADTSecurityService contacted theFort

WorthPoliceDepartment911callcenterinreferencetoanaudible,burglaralarmactivationat

theaddress

of

409

Havenwood

Lane

North,

aresidence

in

the

City

of

Fort

Worth.

The

alarm

indicated a living room or breakfast areamotion. The ADT Security Service representative

called the residence but they were unable to contact the homeowner. The ADT Security

representativethencontactedakeyholderbythenameofDanaHensman. Hensmanadvised

the ADT Security representative that she was not at the residence and stated that the

homeowner,DeloresBailey,hadbeen ill. Hensman requested thepolice to respond to the

location. At12:52a.m.,thecallwasdispatched toOfficerB.B.Hanlon, I.D.4080andOfficer

R.A.Hoeppner,

I.D.

4066.

(Refer

to

the

Communications

Section

for

alarmcallrecording)

OfficerHanlonandOfficerHoeppnerwerecommissionedaspoliceofficersfortheCityofFort

WorthPoliceDepartmentonOctober12,2012,atwhichtimetheywereassignedtothePatrol

Bureau where they continued their training with a Field Training Officer. Both officers

completedtheirfieldtraininginFebruaryof2013andwerereleasedtosolostatus. Atthetime

ofthisincident,OfficerHanlonandOfficerHoeppnerwereassignedtotheEastDivision,Patrol

Bureau.Both

officers

were

driving

Fort

Worth

Police

Department

marked

patrol

cars

and

both

officerswerewearingcityissued,FortWorthPoliceDepartmentpoliceuniforms.

OfficerHanlonandOfficerHoeppnerhadjustcompletedacalltogetherandwereintheareaof

BrentwoodStairRoadandEastchaseParkwaywhentheywereassignedthealarmcallat409

Havenwood Lane North. Officer Hanlon was assigned as the primary officer and Officer

Hoeppnerwas assigned as his assist; Officer Hoeppner followed Officer Hanlon to the call

location.Officer

Hanlon

received

the

call

on

his

Mobile

Data

Computer

(M.D.C.)

which

is

equippedwithaGPSmappingsystemthatOfficerHanlonutilizedtolocatethegeneralareaof

thealarmcall. ThemappingsystemwasplacedintheMapitmodetoplottheroutetothe

calllocation. WhentheM.D.C.isusedintheMapitmode,itwillonlyprovidedirectionsto


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Overview

2

the streetandhundredblockof the call locationand itwillnotdirect theuser to theexact

address.(RefertotheMiscellaneousSectionfordetailedinformationontheM.D.C.functions)

OfficerHanlonandOfficerHoeppnertravellednorthboundonHavenwoodLaneNorthtothe

calllocationandarrivedintheareaatapproximately12:58a.m. Astheofficersapproachedthe

area,OfficerHanlon stated that theareawasextremelydarkand the audiblealarmwasno

longer sounding.During his recorded interview,OfficerHanlon stated that he observed the

address number 412 posted on amailboxjust south of the call location. OfficerHanlon

stated thathe andOfficerHoeppner turned theirheadlightsoff in frontof412Havenwood

LaneNorth,

traveled

several

feet

and

then

parked

their

patrol

cars

in

front

of

this

location.

The

officershadturnedtheirheadlightsoffsothattheycouldapproach409HavenwoodLaneNorth

covertly. 412HavenwoodLaneNorthislocatedonthewestsideoftheroadwayandjustsouth

ofthecalllocation. OfficerHanlonwasundertheimpressionthat409HavenwoodLaneNorth

was on thewest side of the roadway and one house north of their location, however 409

HavenwoodLaneNorthwasactually locatedontheeastsideof the roadwayandonehouse

northoftheirlocation.Theofficersexitedtheirvehiclesandbegantoapproachtheresidence

at404

Havenwood

Lane

North.

(409

Havenwood

Lane

North

is

on

the

opposite

side

of

the

roadway), believing that thiswas the address that they had been dispatched to. In lieu of

approachingfromthefrontoftheresidenceandpossiblybeingseenbyanysuspectsthatmay

havebeenonthepremises,theofficerswalkedacrossthe frontyardoftheresidenceat412

HavenwoodLaneNorthtothegaragelocated inthebackoftheresidenceat404Havenwood

LaneNorth. Theofficerswereunabletoseetheaddressnumbersthatweredisplayedonthe

curblineinfrontof404HavenwoodLaneNorthbecauseofthelightingconditionsinthearea

andbecause

the

officers

approached

from

the

neighbors

yard.

(Refer

to

the

scene

description

forcompletescenedescription)

Duringhisrecordedinterview,OfficerHoeppnerstatedthattheyobservedasuspiciousvehicle

parked on the far back portion of the driveway at 404 Havenwood Lane North. Officer


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Overview

3

Hoeppnerthoughtthatthevehiclecouldhavepossiblybeenintentionallyparkedatthebackof

thedrivewaybyanintrudertopreventanyonefromseeingthemapproachtheresidence. The

drivewayextended

from

the

main

roadway

to

aparking

area

in

the

back

of

the

residence.

The

drivewaywasconnected toa rearentrygarage thatwasnotvisible from the roadway. The

officers stated that theydecided toapproach thebackof the residence firstbecauseof the

suspiciousvehiclethatwasparkedonthedrivewayandthefactthatthebackoftheresidence

wassecludedandmoresusceptibletohavebeenbrokeninto.

When the officers approached the back of the residence they observed that the overhead

garagedoor

was

fully

open

and

the

interior

of

the

garage

was

dark.

Thinking

that

someone

mayhaveenteredtheresidencethroughthegarage,OfficerHoeppnerremainedatthegarage

areawhileOfficer Hanlon searched the exterior of the home. Neither officer entered the

garage. Aftersearchingtheperimeterofthehome,OfficerHanlonapproachedandknockedon

thefrontdoortocheckontheoccupants. OfficerHoeppnerremainedatthegarageuntilthe

residence could be secured or until the homeowner could be contacted to ensure that

everythingwasokay.OfficerHanlonstatedthatheknockedonthedoorandrangthedoorbell

severaltimes.

He

then

observed

alight

come

on

inside

the

residence.

Officer

Hanlon

called

OfficerHoeppnerontheradioandinstructedhimtocometothefrontoftheresidence.

Prior toOfficerHanlon instructingOfficerHoeppner to come to the front of the residence,

OfficerHoeppner,whowasstillstandingnearthereargaragedoor,observedawhitemaleexit

the residence from the interior garage door into the garage area. When thewhitemale

entered thegaragearea, the interiorgarage lightwasactivatedand itcameon. Thegarage

lightilluminated

the

interior

of

the

garage

and

the

driveway

where

Officer

Hoeppner

was

standing. The individual in the garagewas later identified as JerryWaller, thehomeowner.

OfficerHoeppnerwasapproximatelythirteenfeetoutsidethegarageandjustoffcenterofthe

drivewaywhenheobservedWallerexittheresidence. AccordingtoOfficerHoeppner,hewas

fullyilluminatedbythegaragelightandshouldhavebeenvisibletoWaller. OfficerHoeppner


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Overview

4

observedthatWallerwascarryingahandgun. OfficerHoeppnerdidnotknowifWallerwasan

occupant of the residence or if he was a burglary suspect who had made entry into the

residence.Officer

Hoeppner

illuminated

Waller

with

his

flashlight

and

drew

his

city

issued

handgunandthenyelledmultipletimesforWallertodropthehandgun. AccordingtoOfficer

Hoeppner,Wallerdidnotputthehandgundown. OfficerHoeppnercontinuedtogiveWaller

loudverbalcommandstodropthehandgunasWallercontinuedintothegarageareawiththe

handgun inhisrighthand,hisarmextendedtohissideandthehandgunpointeddownward.

Therewas a vehicle, described as a blackVolkswagen, parked in the center of the two car

garage. OfficerHoeppnerstatedthatWallerwouldnotputthehandgundownbutcontinued

towalk

in

front

of

the

parked

vehicle,

to

the

passenger

side

trunk

area

with

the

handgun

in

his

hand. AccordingtoOfficerHoeppner,Wallerthenturnedandplacedthehandgunbehindhis

rightlegasifhewasattemptingtoconcealitfromOfficerHoeppnersview. OfficerHoeppner

continuedtogiveWallerverbalcommandstodropthehandgunatwhichpointWallerstated

why. Wallerthenwalkedbacktothedriverssidetrunkarea.

Wallers locationwhenheplacedthe

weaponbehindhis leg ashe shifted

around.


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Overview

5

OfficerHanlon,whowasstillinfrontoftheresidence,heardOfficerHoeppneryellingsoOfficer

Hanlonran

to

the

garage

area.

At

this

point,

Officer

Hoeppner

and

Officer

Hanlon

were

standing inthedrivewayareaandbothofficerswere illuminatedbythe interiorgarage light.

OfficerHanlonwasapproximately twentyfive feet fromWallerandjustoutsideof theopen

garagedoor. OfficerHanlonstatedthatheobservedWallerstandingnexttothedriversside

trunk areawith thehandgun inhishand. OfficerHanlondrewhis city issuedhandgun and

illuminatedWallerwithhisflashlightandyelledtoWaller,Fort Worth P.D., put the weapon

down. BothofficerscontinuedtogiveWallercommandstoputthehandgundownandatone

pointduring

the

confrontation,

Waller

told

the

officers

to

get that light out of my eyes.

At

thispointOfficerHoeppner andOfficerHanlon canted their lightsdownwardbut kept their

handgunspointedatWaller. OfficerHanlonandOfficerHoeppnerobservedWallerplacethe

handgunonthetrunkofthecarandthenWallertookonestepback. OfficerHoeppnerand

OfficerHanlon then lowered theirhandgunsand flashlights,howeverbothofficerskepttheir

handguns unholstered and in a ready position.Officer Hoeppner then approachedWallers

handgun inordertosecure it. OfficerHoeppnerstatedthatasheapproached thehandgun,

Wallerstepped

toward

the

handgun

and

scrambled

to

pick

it

up.

Waller

then

swung

the

handguninthedirectionofOfficerHoeppnerandsteppedtohisrightashecontinuedtoraise

thehandgunupandinOfficerHoeppnersdirection. BothofficersobservedWallerpointingthe

handgun at Officer Hoeppner. To prevent from being shot by Waller, Officer Hoeppner

dischargedhisweapon. OfficerHoeppnerstatedthathefiredmultipletimes,rapidly. Officer

HanlonstatedthathedidnotfirehishandgunbecauseOfficerHoeppnerwas infrontofhim

andhecouldnothave firedhishandgunwithoutpossibly strikingOfficerHoeppner. Officer

Hoeppnerstated

that

Waller

never

dropped

the

handgun

but

he

maintained

possession

of

it

as

hefelltotheground. OfficerHoeppnerandOfficerHanlonobservedWallerfallforwardwith

hisarmsbeneathhimandthehandgunbeneathhisbody. OfficerHanlonimmediatelygoton

hishandheld,policeradioandreportedthatshotshadbeenfiredandrequestedthatMedStar

andasupervisorrespondtothescene. OfficerHanlonwasstillunawarethattheywereatthe


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Overview

6

incorrectaddressandreportedovertheradiothathewasat409Havenwood. (Refertothe

Scene Description Section, Officer Statement Seciton, and Communications Section foradditional

details)

Timelineofevents:AccordingtheIncidentDetailReportandradiotrafficcommunications12:51 a.m.: Officer Hanlon and Officer Hoeppner are dispatched to 409 Havenwood Lane

North.

12:58a.m.:OfficerHanlonandOfficerHoeppnerarrivedonthescene. TheofficersbegantochecktheareaandOfficerHoeppnerremainedinthebackoftheresidencewhile

OfficerHanlonattemptedtocontactthehomeowneratthe frontdoor.Atsome

point

Officer

Hoeppner

was

confronted

by

Waller

in

the

garage

and

Officer

HoeppnerorderedWallertodropthehandgun.

1:06a.m. (and6seconds):OfficerHanloncalledOfficerHoeppnertothe frontdoorovertheradio. Afterdoingthis,OfficerHanlonheardOfficerHoeppneryellingcommands

toWallerandOfficerHanlon immediately ran to thebackof the residence and

observed Waller with the handgun. Officer Hanlon and Officer Hoeppner

continuedtogiveWallerloudverbalcommandstodropthehandgun.

1:06a.m.(and50seconds):OfficerHanlonreportedthatshotshadbeenfiredandrequestedMedStartothescene.

(RefertotheCommunicationsSectionforthetimestampedradiocommunication)

OfficerHanlonstatedovertheradiothatI dont know who the guy is. The guy came out

with a gun, wouldnt put the gun down and pointed it at Hoeppner and Hoeppner fired.Multipleunitsimmediatelyrespondedtothescene. Itwas44secondsfromthemomentthat

Officer Hanlon called out over the radio forOfficerHoeppner to come to the front of the

residencetothemomentthatOfficerHanlonreportedthatshotshadbeenfired. Bothofficers

statedthatthisincidenthappenedveryquickly.

OfficerA.Chambers, I.D.3719andOfficerB.Hardin, I.D.3995,wereworkingasatwoperson

unitandwereintheareawhentheyheardOfficerHanlonsradiotransmissionthatshotshad

been fired;OfficerChambersandOfficerHardin responded to the scene. OfficerHardinhas

had approximately six years of EMS experience prior tobecoming a police officer and he


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Overview

7

carriesamedicalbagwithhimwhileonpatrol. OfficerHardinwasawarethatshotshadbeen

firedandMedStarAmbulanceServicehadbeenrequestedtothescene. WhenOfficerHardin

andOfficer

Chambers

arrived

on

the

scene,

Officer

Hardin

removed

his

medical

bag

and

he

and

Officer Chambers were directed to the rear of the residence. Officer Chambers observed

Wallerlyinginthegarageareaandobservedafemaleexittheresidence. Thefemalewaslater

identifiedasKathleenWaller,thewifeofJerryWaller. OfficerChambersescortedKathleenout

of the crime scene and to a patrolunit. Kathleenwasnot feelingwell andwas eventually

transported to Harris Hospital by ambulance. (Refer to the Witness Officers Section foradditional details andwritten and recorded statements from Officer Chambers and Officer

Hardin)

OfficerHardinobservedWallerlyingonthegaragefloor. AsOfficerHardinapproachedWaller

to providemedical assistance,OfficerHoeppner toldOfficer Hardin thatWallerwas still in

possessionofahandgunandthehandgunwaslyingbeneathhim. OfficerHardinwasunsureif

Wallerwas still a threat soOfficerHardin liftedWaller up in order to secure the handgun.

OfficerHardinstatedthatbeforeheattemptedtoremovethehandgunfrombeneathWaller,

heobserved

that

Waller

was

lying

face

down

with

both

of

his

arms

beneath

him

and

his

hands

wereclosetohischest. OfficerHardinstatedthatwhenheliftedtheleftsideofWallersbody

heobserveda smallcaliberhandgundirectlybeneathWaller,positionedbetweenhishands.

OfficerHardin couldnotdeterminewhichhandWallerwasholding thehandgun in. Officer

Hardinplaced thehandgun to the rightofWallerandoutofhis reach. OfficerHardin then

checkedWallerspulsebuthecouldnotlocateoneanditappearedthatWallerwasdeceased.

MedStarAmbulanceServicearrivedon the scenemoments laterandOfficerHardinallowed

MedStarattendants

to

continue

treatment.

Minutes

after

the

shooting,

Officer

Hardin

and

OfficerHoeppnerwereatthebackoftheresidencesecuringthescenewhiletheotherofficers

weresearchingtheinsideoftheresidenceforpossibleintruders.Duringhisinterview, Officer

Hardin stated to Detective Green that Officer Hoeppner made the following statement

momentsaftertheshooting,I dont understand what he was doing (Waller), he was holding


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Overview

8

the gun, I told him several times to put the gun down. He set it down and then he grabbed it

and pointed it at me. (RefertoWitnessOfficerSectionforrecordedandtranscribedinterviewwith

Officer

Hardin)

MedStarpersonnel,whichincludedParamedicJoeGonzalezandEmergencyMedicalTechnician

Aundrea Campbell, arrived on the scene at approximately 1:13 a.m. in MedStar Unit 29.

Gonzalez observedWaller lying still and face down with a large amount of blood pooling

beneathhimandahandgunlyingtohisrightside. GonzalezpronouncedWallerdeceasedat

1:26a.m.;Wallerwasnot transported from the scene. TheMedStarattendants then spoke

withKathleen

who

was

extremely

upset.

Kathleen

was

eventually

transported

to

Harris

Hospitalforpossible issues.(RefertotheMedStarInformationSectionforwrittenstatementsfromtherespondingmedicalpersonnel)

Officer J. Goanzales, I.D. 3811, and Officer T. Gierling, I.D. 3881 arrived on the scene and

assistedOfficerHanlon in searching the residence to ensure that itwas secure. OfficerO.

Donovan, I.D. 3548, arrived on the scene and secured the front of the residence. Officer

Donovaneventually

met

with

the

homeowner

at

409

Havenwood

Lane

North,

the

actual

addressofthealarmcall,andcheckedtheresidence. OfficerDonovanstatedthattheredidnot

appear tobe any forced entry anddetermined that the audible alarm reported to the Fort

Worth Police call center by ADT Security Service, appeared to be a false alarm. (Refer to

WitnessOfficerSectionforwrittenstatementsbyrespondingofficers)

ThisincidentwasclassifiedasaCategoryOne,CriticalPoliceIncidentandtheFortWorthPolice

DepartmentMajor

Case

Unit

was

notified.

Detective

M.D.

Green,

I.D.

2934,

was

assigned

as

the lead investigator. DetectiveGreenarrivedonthesceneat2:20a.m.and foundthat404

HavenwoodLaneNorthhadbeensecuredwithcrimescene tapeandCrimeSceneOfficerD.

Ukle,I.D.2350,wasonthesceneandtakingexistinglightphotographsofthearea. Detective

GreenwasadvisedbytherespondingpatrolunitsthatWallerswife,KathleenWaller,hadbeen


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Overview

9

transportedtoHarrisHospitalbyMedStarUnitnumber29. MajorCaseDetectiveD.L.Baggott,

I.D.2186,metwithKathleenat thehospital. MajorCaseDetective J.W.Goodwin, I.D.2607,

wasassigned

to

write

asearch

warrant

for

the

residence

so

that

the

crime

scene

could

be

processed. DetectiveGreenobservedthattheresidenceat404HavenwoodLaneNorthwasset

off the roadway and the property was completely dark. Detective Green viewed 404

HavenwoodLaneNorthfromtheyardof412HavenwooodLaneNorthandobservedtheback

portionof the residencewasbeingguardedbyaFortWorthPoliceOfficer. DetectiveGreen

also observed that the rear entry garage doorwas open and the interior lightwasoff; the

interior of the garage was completely dark. There were two porch lights located on the

northwestwall

of

the

building

that

were

facing

west

bound

on

the

backside

of

the

residence.

Thelightsilluminatedthepoolandporchandveryfaintlyilluminatedthedriveway. Itwaslater

determined that these lightswereoffat the timeof the incident.Therewerealso six traffic

conespositionedonthedrivewaythatmarkedthelocationsofOfficerHoeppnersshellcasings.

AcardescribedasaFord,SHOsedan,bearingTexaslicenseplatenumber ,wasparked

onthesouthwestportionof thedriveway,justoutsideofthegaragearea. Witha flashlight,

DetectiveGreencouldobservethedeceasedlyingonthenorthwestportionofthegarageanda

largeamount

of

blood

pooled

beneath

him.

The

blood

also

ran

down

the

slanted

driveway,

toward the grassy area. A small caliber handgun could also be seen to the right of the

deceased. An evidentiary search warrant, number 12S084513, was signed into effect by

MunicipalCourt JudgeLangstonordering thesearchofthecrimesceneandthecollectionof

evidence. (RefertotheMiscellaneousSectionforthesearchwarrantinformation)

DetectiveGreenmetwithSergeantT.Busker, I.D.2497,who identified the involvedofficers

andadvised

Detective

Green

that

both

officers

were

immediately

separated

after

the

incident

andweresittinginseparatepatrolcarsinfrontoftheresidence. At2:40a.m.DetectiveGreen

andCrimeSceneOfficerUklemetwithOfficerHoeppnerandcompletedamagazinecountof

hishandgun. OfficerHoeppnerwascarryingacityissued,.40caliber,Glock22,semiautomatic

pistol bearing serial number SFL311. Officer Ukle completed the magazine count of the


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Overview

10

handgunandfoundthatthehandguncontainednineroundsinthemagazineandoneroundin

thechamber. OfficerHoeppnerstatedthathetopsoffhishandgun,whichindicatesthathe

carriesafull

magazine

in

his

handgun

with

one

round

in

the

chamber;

when

loaded

to

full

capacity, the handgun will hold sixteen rounds. Based on the magazine count, it was

determinedthatOfficerHoeppnerfiredsixroundsduringtheincident. OfficerHoeppneralso

had two fully loadedmagazinesonhisdutybelt. Thehandgunwascollectedand submitted

intoevidence. OfficerUkleandDetectiveGreenalsocompletedamagazinecountofOfficer

Hanlonshandgun. OfficerHanlonsGlock22andthemagazinesonhisdutybeltwereloaded

tofullcapacityindicatingthathehadnotdischargedhishandgunduringthisincident.(Referto

theWeapon Information Section for additional information regarding theweapons on the

scene)

DetectiveGreenwastoldthatbothofficershadarrivedonthesceneatthesametimebutwere

operatingseparatepatrolcars. DetectiveGreenobservedthatthepatrolcarswereparkedon

thewest side of the roadway, in front of 412 Havenwood LaneNorth;OfficerHanlonwas

operatingFortWorthPolicepatrolcarnumber1471784andOfficerHoeppnerwasoperating

FortWorth

Police

patrol

car

number

147

1588.

The

Dash

cam

video

DVDs

were

removed

by

SergeantBuskerandimmediatelygiventoDetectiveGreen. DetectiveGreenobtainedtheDVD

frompatrolcarnumber1784at3:00a.m.andtheDVDfrompatrolcarnumber1588at3:04

a.m. Itwaslaterdeterminedthattheofficersdidnotrespondtothescenewiththeirlightsand

sirens activated nor did theymanually activate their recorders or lapelmicrophones so the

incidentwasnotrecordedontheDVDs. SergeantBuskeradvisedDetectiveGreenthatalapel

microphonewasfoundinthefrontyardoftheresidence. Itwaseventuallycollectedbycrime

scenebut

was

later

determined

that

the

lapel

microphone

belonged

to

Officer

Hardin

who

had

accidentlydroppeditintheyardwhenhefirstarrivedonthescene.

At3:30a.m.OfficerHanlonandOfficerHoeppner leftthescene inseparatevehiclestomeet

withDetectiveGreenat350WestBelknapStreet, intheMajorCaseoffice. DetectiveGreen


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Overview

11

andDetective Baggott conducted recorded interviewswith both officers. OfficerHoeppner

reported that the garage light had been activated when Waller exited the interior of the

residenceand

walked

into

the

garage.

Crime

Scene

Officer

Ukle

was

notified

that

the

garage

lightwasonatthetimeofthisshootingincidentandwastaskedwithdeterminingifthegarage

light was motion activated. Detective Green requested Officer Ukle to take existing light

photographswith thegarage lighton. Itwas laterdetermined that thegarage lightswhere

motionactivatedandtheycameonautomaticallywhenyouenterthegaragearea.

OfficerHoeppnerwasinterviewedonMay28,2013andafollowup interviewwascompleted

onJune

6,

2013.

During

Officer

Heoppners

first

interview,

he

explained

what

occurred

when

he

saw Waller exit the residence and explained Wallers demeanor toward him during the

confrontation. the whole entire time Im giving commands, Drop the gun, drop the gun,

drop the gun. And hes not dropping it and he had this attitude towards us thatit was

almost an attitude of, you cant tell me to drop my gun. You know what I mean? Like

who are you to telling me to, you know what I mean. He kind of had an attitude kind of

very hostile towards us (RefertoOfficersStatementsSectionforadditionaldetails)

OfficerHoeppnerstatedthatwhenhetookahalf steptoapproachthehandgun,itappeared

thatWallerpanicsorFreaks out. OfficerHoeppnerstatedthathewasunsureofwhatWallerwasthinkingatthetime. HedescribedWallerasmakingareal quickmotion for the

car, grabs the gun, comes back faces me.HedescribedWallerashavingmovedintoaready

stanceandthenWallerpointedtheweaponathim. OfficerHoeppnerstated,at that point intime when he putput the gunpointed the gun at me, I mean, I was almost positive that he

was going to shoot me and kill me. Duringthe

interview,

Officer

Hoeppner

continuously

questionedWallersactions. OfficerHoeppnerdescribedWallerdemeanorasstrangeandbecauseofhisdemeanor,hequestionedifWallerwasthehomeowner. Hecontinuedbysaying

thatWallerhadavery standoffish attitude with us.


12/26



Overview

12

Officer Hoeppner indicated that when the handgun was placed on the vehicle, Officer

Hoeppnerwasgoingtoattempttosecureit. OfficerHoeppnerwasaskedifhewascomfortable

inapproaching

Waller

after

the

gun

was

placed

on

the

trunk

of

the

car.

Officer

Hoeppner

statedthathedidnottrustWallerbecauseofWallersactionsatthispoint. OfficerHoeppner

stated,and, you know, like I still did not trust him, you know I understand, put the gundown, the whole entire time hes giving us attitude like hes not allowing me trust him at all.

When Detective Green asked if he remained cautious, Officer Hoeppner replied by saying,

Yeah, absolutely, cause like well and I play with my mind I was like, you know, theres

twotheres two things that are going to happen noweither Im going to move in

hereand come this way, hes going to fight me for it or at some point in time as Im talking

to him and I dont ever move in, hes going to grab his gun and try to shoot us both.

WhenOfficerHoeppnerdecidedtomovetowardtheweapon,OfficerHoeppnerstatedthatit

appearedasthough,he (Waller)loses it. Hecontinuedbysaying,Like I dontI dont

know if he didnt want me to touch the gun or if at some point in time he noticed that I was

going to try and grab the gun, he didnt like that OfficerHoeppnercontinuesbysayingthat

Wallersactions

were

unpredictable

and

Officer

Hoeppner

was

questioning

Wallers

intentions.

OfficerHoeppnerstated,Is he bluffing me and hes going to come back up and shoot us if we

just stand here or I can make a straight line for it and try to grab it first, and Im not quick

enough or I trip, you know, all these kinds of things coming in there and bang he shoots

me OfficerHoeppner continuesby saying, or can I try, like kind of show him, you

know, hey, you know were friendlys, were not trying to hurt you, you know what I mean.

Like lets work this outI just want the gun. We can talk about this, you know, I mean, I

didnt say that but Ithats a thought So, you know, thats why like my movement

were extremely slow this way, it wasnt like quick movements hurry up and get the gun

because I figured hed try and grab it again, if I spooked him. So I want to close the

distance and that I could get in there quick But, I mean, ideally I wanted to move in and

just get between him and the gun and just cut us all outand go on with it but, you

know, he made that situation possible when hewhen he freaked out OfficerHoeppner


13/26



Overview

13

alsostated, he moved back to the car it was like he was scrambling, hurry and get the gun

like back in his hand and he turned at me

Officer Hoeppner stated that the situation occurred very quickly, because, I mean,hehe Im telling you like he got there like forfor kind of a heavy set man that he is like

hehe got there quick I mean, he grabs it, nothing, and I dont know what hes doing

like, why is he doing this again and he moves back over here. When asked howmanyseconds it took for Waller to grab the weapon and Officer Hoeppner replied that it was

extremelyquick,It happened so fast and likelikeI mean, I dont want to say other than

it was extremely quick like hehehe like he lost it. Boom gets here, reached out for the

gun, grabs it, turns back facing me as hes moving this way as he gets front like further away

from the car he points it at me OfficerHoeppner stated that the situationoccurred so

quickly thathewasunaware if the suspecthad firedathim. I was trying to feel my other

hand like to see if I was hit because like I had no idea who fired. It happened so fast like

quick. Im telling you like as soon as he pointed that barrel at me I wasI wasI was

putting rounds cause like thats what I thought he was going to do. I thought that when he

freaked out and grabbed that gun like in my mind he was going to shoot and kill me right

here.

A followup interviewwascompletedon June3,2013. OfficerHoeppnerwas interviewed in

ordertoclarifyhispositioningthroughouttheincident.OfficerHoeppnerclarifiedthathewas

approximately seven yards from Waller at the time of the shooting. The walkthrough

showedthatOfficerHoeppnerwasapproximatelythirteenfeetfromWallerduringtheincident.

Officer Hoeppner was also asked where his focus was during the confrontation. Officer

Hoeppnerreplied,The gun. OfficerHoeppnerwasasked ifWallerappearedtobeathreatandOfficerHoeppnerreplied,Absolutely. DetectiveGreenaskedOfficerHoeppnerabout

the timeframe from thepoint thatWallerplaced thehandgunon the trunk to the time that

Wallerpickedthehandgunbackup. OfficerHoeppnerreplied,I mean, itit was quick. I

meanI mean, fromfromfrom the point and time where hehehe put the gun down,


14/26



Overview

14

stepped away and then he went for the gun and got it there, pointed it at me, itit.it happen

extremely fast. Detective Green also asked if Waller appeared to be a threat when he

retrievedthe

weapon.

Officer

Hoeppner

stated

that

he

was

convinced

that

Waller

was

going

to

shootandkillhim. DetectiveGreenaskedOfficerHoeppnerwherehewaspositionedwhenWallerwasinpossessionofthehandgun. DetectiveGreenasked,are you a hundred percentpositive as to your exact steps; where you walked to; what you did; are you more focused on

your positioning; or are you more focused on the guy with the gun?OfficerHoeppnerreplied, At that point and time as soon as he grabbed the gun, allallall I was concerned about

was, was that gun ever going to be pointed at me; forforfor him to shoot and kill me.

DuringOfficerHoeppnerssecondinterview,hereiteratedthefactthatWallerappearedtobe

confrontational. Officer Hoeppner stated, Im pretty sure I told you this; but I wannareiterate that heumm, hishis attitude towards us was very malicious. Itit was not, pro

police at all. He did not seem happy that, that we were there. Whenaskedwhy,OfficerHoeppnerstated,.and, and the reason I say; I remember telling him drop the gundrop

the gundrop the gun, after he walked out of the doorway in and had, had the gun and heard

verbal commands multiple times; and he asked mewhy? OfficerHoeppner

continued

by

saying,Andand I mean for me to ask; I mean the academy, you had those situationsyouknow, go through like patrol procedures and you point a gun at somebody and you know

you say drop the gun and theyre likeoh, ok.my bad, or, or they shoot at you. Itsits

one or the other; and like Ive...Ive never been in a situation on the streets where someone

didnt put the gun down for me when I told them to. And, and when you tell mewhy?

All of this is running through my headIm thinking.oh, shhhyou knowoh, crap.

You knowyou knowwhatuhIve never been in a situation, why isnt he putting the

gun down.

Laterduringtheinterview,OfficerHoeppnerwasaskedifWallerappearedtobeathreatwhen

heaskedwhy (referringtobeingorderedtoputthegundown). OfficerHoeppnerreplied,

The whole time that hes got a gun, I mean, from the point and time when he steps and


15/26



Overview

15

moves through the door. Im giving verbal commands, I gave him about three or four;

andumm, I mean by time I gave him threethree or four verbal commands to drop the gun

and he wasnt doing it, I knew that something was not right in the situation. if someone

whowhowhois.you get someone out there who would follow the gun laws; andand

that understands that a police officer is telling you this, that youre not gonna sit there and

hold the gun still; cause.I mean likeits almost as if he was challenging me. And the

factthe reason I say that is I mean, his.the way he stood; I meanI mean his comments

as in, why You know like, whatwhat person in their right manmind would ask a

peace officera, a law enforcement officerwhywhen he tells you and give you verbal

commands that were being serious, drop the gun, you know. Your law abiding citizen is

not going to tell... going to ask you, why. OfficerHoeppnercontinuesbysaying, And,

and thats why the whole entire time I feel that he was challenging me; especially when he

walked over here. And, and I meanhe and.it was almost like he was trying to decide

what point and time.I mean, almost like from the very beginning, he was trying to decide

what point and time was the correct time. Now that I think back on it and you know, had all

this time to think on it. I think his intentions as soon as he walked out that door and saw me

and he didnt want to put the gun down, I firmly believe that he was trying to find a point and

time wherewhenwhen he could shoot me at whenwhenwhen it was the most

beneficial time for him to shoot me. During the interview,OfficerHoeppner continuedbysaying,I mean.I mean the whole totality. I tell to put the gun down and he wont put thegun down. The way he talks to me is a very stand-off attitude. You knowyou know

when he say, getget the light outta my eyes, it wasnt please sir; get the light outta my eyes.

Hey, can you please get the light outta my eyes. It was, get the light outta my eyes! You

know, it was real standoff, likeyou know He continues by saying, was very

aggressive towards us; and I mean like almost.attitudish. I was almost like he had the

attitude of you...you cannot tell me what to dowith my gun in myyou know, in my castle.Its almost like, you cant tell me what do. Andand it comes from that and points

of.why something wasnt right there. Why he would walk all the way across the garage,

thats why Im thinking, he was trying to find the right time, the right angle; what point and


16/26



Overview

16

time can I put a round in this officer without him shooting me. Cause I meanI mean, he

walked. I meanI mean, why not.why notif you dont want to put your gun down, why

not stand your ground and stand there? But he walked all the way back and then back of

the car. (RefertoOfficerStatementsSectionforrecordedandtranscribedinterviews)

OfficerHanlonwasinterviewedonMay28,2013andafollowupinterviewwascompletedon

June 3, 2013. Officer Hanlons statements were consistent with the above facts and

information. OfficerHanlonwas asked ifhe andOfficerHoeppner identified themselves as

policeofficers. OfficerHanlonwasunaware ifOfficerHoeppnerhad identifiedhimselfbefore

hisarrival.

Officer

Hanlon

stated

that

when

he

arrived

at

the

garage,

he

made

eye

contact

with

Wallerand said,Fort Worth PD, drop the gun. OfficerHanlonsated that itappeared to

haveclicked in his head who we were. OfficerHanlonstatedthatatthattimeWallermade

the statement, Get that damned light out of my eyes and then he walked toward the

Volkswagen and put the handgun down and stepped away. OfficerHanlon stated that the

incidentoccurredveryquicklythe only way I can describe it, really is, that it happened too

fast for me (Hanlon) to raise my gun and point the gun at the subject. OfficerHanlonwas

laterasked

how

long

between

the

time

that

Waller

grabbed

the

weapon

to

the

time

that

shots

were fired. OfficerHanlonstated thatMaybe a second it was pretty immediate. Officer

Hanlon also stated thatOfficer Hoeppnerwas too close to him to fire hisweapon. When

DetectiveGreenaskedOfficerHanlonhowWaller raised theweapon,OfficerHanlon replied:

he extended his arm out but basically he just grabbedgrabbed the gun and went to

pointing it at Officer Hoeppner so he didnt really have to make that much of a gesture to do it

he washis arm was already out and he kind of just pointed it at Officer Hoeppner. Officer

Hanlonwas

asked

ifWaller

had

the

opportunity,

do

you

think

that

he

would

have

fired

the

weaponandOfficerHanlonstated,Yes. (Refer toOfficerStatementsSection for recordedandtranscribedinterviews)


17/26


18/26



Overview

18

generalareawheretheshooterwasstandingwhentheshotswerefired.) Also,itisnotunusual

foremergencypersonnel,whoarerespondingtothescene,toinadvertentlykickoraccidently

movethe

casings

when

responding

to

emergency

situations.

Two

projectiles

and

one

projectile

fragmentwere located inside the garage. These itemswere collected by the crime scene

officersandweresubmittedintoevidence. (RefertotheCrimeSceneReportsSectionandtheSceneDescriptionSectionforadditionaldetails)

At9:30a.m.,OfficerHoeppnerandOfficerHanlonreturnedtothescenetocompleteawalk

through with Detective Green. The officers were transported to the location in separate

vehiclesand

both

officers

were

interviewed

separately

on

the

scene.

During

Officer

Hoeppners

walkthrough,OfficerHoeppner identified his andWallers approximate positions during the

incident. OfficerHoeppnerstatedthatwhenWallerplacedthehandgunonthevehicle,hewas

approximately thirteen feet away from Waller. After Waller picked up the handgun and

pointeditatOfficerHoeppner,OfficerHoeppnerstatedthatheshiftedhispositiontohisright

ashebegantodischargehishandgun. OfficerHoeppnerstatedthathenevercamecloserthan

approximately thirteen feet toWallers position. Awalkthroughwas also completedwith

OfficerHanlon.

Officer

Hanlon

also

indicated

his

and

Officer

Hoeppners

approximate

positions

at the timeof the incident. According toOfficerHoeppnerandOfficerHanlon,bothofficers

werejustoutsideofthegarageareawhentheshootingoccurredandtheirpositionswerefully

illuminatedbythegaragedoorlight. Basedontheexistinglightphotographsthatweretaken

on the scene, not only does the garage light illuminate the officers position but it also

illuminatestheentiredrivewayarea.

Therewas

adiscrepancy

in

Officer

Hoeppners

and

Officer

Hanlons

statement

regarding

Officer

Hoeppners position just before the shooting occurred. Officer Hanlon indicated in his

interviewthatOfficerHoeppnerwasconsiderablyclosertoWallerwhenOfficerHoeppnerwas

attemptingtosecureWallershandgun.OfficerHanlonstatedthatOfficerHoeppnerwaswithin

a couple of feet fromWallerjust beforeWaller reached for the handgun and pointed it at


19/26



Overview

19

OfficerHoeppner, forcingOfficerHoeppner todisengageand thendischargehishandgun to

preventformbeingshot. However,OfficerHoeppnerstatedthatheremainedapproximately

thirteenfeet

(as

indicated

in

the

walkthrough)

from

Waller

and

never

had

the

opportunity

to

getclosetothevehiclewherethehandgunwasplaced. OfficerHoeppnerandOfficerHanlon

indicatedintheirinterviewsthattheywereextremelyfocusedonthehandgunandtheywere

alsofocusedonWallerinanattempttoassessthesituationanddetermineifWallerwasorwas

nota threat. The inconsistencies in their statementscanpossiblybecontributed toTunnel

Visionorwhat iscommonlyknownasSelectiveAttention.OneresearchstudyonSelective

AttentionwascompletedbyWilliamLewinski,PhD,ForceScience Institute. InDr.Lewinskis

studytitled,

The

Attention

Study:

A

Study

on

the

Presence

of

Selective

Attention

in

Firearms

Officers,heexplains:

Police officers refer to this narrowing of attention as tunneling and, subsequently, use

the terms tunnel vision or tunnel hearing. Although these terms are understood in the academic

world and have been used in research articles since the 1950s a more accurate term for this

process is selective attention. Selective attention refers to something that the person is

attentionally focused on and includes the use of all of the senses and attentional processes and

not just vision and hearing. The research, particularly in visual cognition and selective attention

notes that once someone selectively focuses on something, the person is then said to be

inattentionally blind to anything else. This means that regardless of whether the attentional

process is internally directed towardsomething or externally drawn toward it, once we intentlyfocus on something, we have, according to Just et al.s (2001) research, a very limited capacity

to notice anything else.

Another study titledTunnelVision,FocusingofSenses states: People questioning you are

seriously deluding themselves if they think you can perceive, pay attention to, react to and

remember everything with clarity and precision, even if it happened directly in front of you,

Lewinski says.

The reality is that most of us are pretty poor, in fact, incapable of perceiving and recording

everything that occurs to us at any particular moment. Not perceiving the totality of an event is


20/26



Overview

20

how we normally operate. Even in non-stress situations, not to mention a life-threatening

confrontation, once we focus on anything, even if its a thought in our own head, we significantly

compromise our ability to perceive and remember what else is occurring around and to us.

The bottom line of Dr. Yantis work is that the brain has limited capacity for paying attention

and recording what it perceives. It shifts among competing stimuli to accommodate what seems

most important, and blocks out the rest.

In reality, you may be capable only of vague generalizations after an experience like a shooting.

Those investigating or judging you need to realize you are not feigning lack of memory. Details

that were not important to your survivalduring the microseconds of a shooting may not have

been recorded. You will simply remember what you were focused on at the time, not what

someone who was not there at the moment of crisis may think later is important. (Tunnel

Vision,FocusingofSenses;ExcerptsfromBillLewinskisArticleBasedUponaStudyConducted

byDr.StevenYantis;(FSRCTransmission#24August2005)(RefertotheMiscellaneousSection

foradditionalstudiesrelatedtoofficerinvolvedshootingincidents)

Onthe

night

of

the

incident,

Kathleen

Waller

was

transported

from

the

scene

to

Harris

Hospital

byMedStarUnitnumber29.DetectiveBaggottconductedarecordedinterviewwithKathleen

atHarrisHospitalonMay28,2013at2:48a.m. KathleentoldDetectiveBaggottthatshewas

awakenedbythedogsbarking. Sheobservedlightsinthedrivewayandthoughtthecaralarm

wasgoingoff;however,shedidnothearthealarmsounding. Shestatedthatshe is

inoneearandshedoesnt hear correctly. ShealsotoldDetectiveBaggottthatthecar

alarmgoesofffrequentlyandwhenitdoes,herhusbandusuallystepsoutsidethefrenchdoors

andturns

the

alarm

off

with

the

remote

device.

On

the

night

of

this

incident,

Kathleen

woke

up

Waller to check on the car alarm. Waller got up and left the room. Kathleen stated that

moments later sheheardpounding and yelling fromoutsidebutwasunaware ofwhatwas

occurring. Shestatedthatbecauseofherhearingissuesandthefactthatshewasintheback

bedroom,shecouldnotunderstandwhatwasbeingsaidatthetime. Kathleenstatedthatshe


21/26



Overview

21

did not hear any alarms going off before the incident occurred. She also stated that her

husbandownsarevolverandkeeps it inthebathroomdrawer. Kathleenalsomadesimilar

statementsto

Officer

Chambers

and

the

MedStar

attendants.

Officer

Hardin,

Officer

Chambers

andother respondingofficersandMedStarpersonnelwere interviewedorwrotestatements

forthisinvestigation. Theirstatementswereconsistentwiththeabovefactsandinformation.

RefertotheWitnessStatementSectionfor(RefertotheWitnessSectionforKathleenWallersrecorded and transcribed interview) (Refer to the Witness Officers Section and MedStarInformationSectionforadditionaldetails)

OnJune

28,

2013,

Detective

Green

and

Detective

Baggott

attended

Wallers

autopsy

at

the

TarrantCountyMedicalExaminersOffice. Dr.Greenburgcompleted theautopsyand found

several significant injuries. Dr.Greenburg reported thatWallerhad seven gunshotwounds,

however based on the evidence at the scene only six shotswere fired. Therewere four

projectile strikes to the torso and all of the projectileswere recovered during the autopsy.

Therewere three addition injuries to the left hand and arm. The left hand, the leftupper

forearm,and leftwristwerestruckbygrazingshots. DoctorGreenburgstated,atthetimeof

theautopsy,

one

of

the

shots

that

struck

the

forearm

or

wrist

might

have

possibly

entered

Wallerstorsoandthatwouldaccountfortheseveninjurieswithonlysixroundsbeingfired.Dr.

Greenburg stated that it was difficult to determine when and how the projectiles struck

Wallers left forearm, wrist and left hand since the shooting incident was a continuously

changing anddynamic situationandhisexactbodypositioning, at the time thatWallerwas

struck,wasunknown. The fouradditionalprojectiles thatwere recovered fromWallerwere

collected by the FortWorth Crime Scene Officer Presney and submitted into evidence for

analysis.All

of

the

projectiles

that

were

fired

have

been

accounted

for;

two

projectiles

were

locatedonthesceneandfourprojectileswererecoveredatthetimeoftheautopsy. Waller

alsohadahistoryofskincancerandcoloncancer. AccordingtoKathleenWaller,Wallerhad

beendiagnosedwithcoloncancerandhehadasignificantamountofhis intestinesremoved.

Walleralsohadskincancerremovedfromhisupperrightchestarea. Additionally,duringthe


22/26


23/26



Overview

23

FortWorthPoliceDepartment,Senior Forensic ScientistMichaelWard completed a forensic

examinationofOfficerHoeppnershandgunandthehandgunthatwasinWallerspossession.

Healso

completed

aforensic

examination

of

the

shell

casings

that

were

located

on

the

scene

and the projectiles that were recovered during the investigation. Wards examinations

revealed that both Officer Hoeppners handgun and Wallers handgun were in working

condition. Wardwasalsoable todetermine that the shellcasings thatwere locatedon the

scene had been fired from Officer Hoeppners handgun. Microscopic examination and

comparisonofthebulletsandjacketfragmentsdidnotrevealsufficientagreementofindividual

characteristics to determine if they were, or were not, fired from the barrel of Officer

Hoeppnershandgun.

It

should

be

noted

that

the

rifling

in

the

barrel

of

the

Glock

22

pistols,

thatarecurrentlyinpossessionoftheFortWorthPoliceDepartment,havefewerdistinguishing

characteristics thatwoulddifferentiate theprojectiles thatwere fired from theoneGlock22

pistolcomparedtoanotherGlock22pistol(comparedtotraditionalriflinginotherfirearms),so

theprojectiles(bulletsandjacketfragments)thatwererecoveredcannotbepositivelymatched

toOfficerHoeppnershandgun. However,basedonthemagazinecountthatwasperformedonthe scene, it can be determined that Officer Hoeppnerwas the only officerwho fired his

handgunon

the

scene.

(Refer

to

the

Ballistics,PrintsandDNAReportsSectionforadditional

details) (Refer to theMiscellaneousSection for letter to theChief regardingGlock22pistol,distinctiveriflingissues)

AguntracewascompletedonthehandgunthatwasinWallerspossessionthroughtheA.T.F.

TheBureauofAlcohol,Tobacco,FirearmsandExplosivesreportshowedthatthehandgunwas

previouslyownedbyOzarkArmsandOzarkArmsiscurrentlyoutofbusiness. Thelastdealer,

associatedwith

this

handgun,

does

not

have

records

prior

to

1984.

(Refer

to

the

Weapons

InformationSectionfortheGunTracereport)

Thereweresignificantissuesthatwereaddressedduringthecourseofthisinvestigation. The

firstissuethatwasaddressedwashowtheofficersendedupattheincorrectaddress. Officer


24/26



Overview

24

Hanlon stated that he was the primary officer and Officer Hoeppner followed him to the

location. OfficerHanlonstatedthathehadhisM.D.C. intheMap itmodeandhismonitor

wasnot

zoomed

in

at

the

time.

The

M.D.C.

will

not

give

an

exact

address

and

it

will

only

direct

theusertothestreetandhundredblockofthecall location(generalarea). OnJune3,2013,

Detective Green completed a function test of Officer Hanlons M.D.C. Detective Green

requestedcommunicationspersonneltodispatchacallviatheM.D.C.to409HavenwoodLane

North. AfterreviewingtheM.D.C.function,DetectiveGreenfoundthat409HavenwoodLane

NorthisnotmarkedexactlyonthedisplayscreenoftheM.D.C.whenitisplacedintheMap

itmode. IftheuserfollowstheexactdirectionsgivenontheM.D.C.,itwillplacetheusertwo

housesto

the

north

of

the

actual

call

location

and

at

the

nearest

intersection,

which

in

this

case

was400HavenwoodLaneNorthat5800EndOTrail. OfficerHanlonalsostatedthatthearea

wasextremelydarkandhewasunabletoseetheaddressnumbersthatwerepostedonthe

curb line in frontof the residence,andon the frontof themailbox. Also,basedonOfficer

Hanlons experience (threemonths in solo status) hewas not familiarwith the numbering

system in theCityofFortWorth inwhichallevennumber residencesare commonlyon the

oppositesideoftheroadwayastheoddnumberresidences. OfficerHanlonalsostated that

theyapproached

the

residence

from

the

neighbors

yard

that

placed

them

out

of

view

of

the

address numbers thatwere posted on the front curb line and front of themailbox of 404

HavenwoodLaneNorth;therewerenoaddressnumberspostedonthefaadeoftheresidence.

OfficerHanlon did not realize that hewas at the incorrect address until after the shooting

occurred. (Refer to the Miscellaneous Section for additional information on the M.D.C.functions) (Refer to the SceneDescription Section for existing light images and night timevideosofthearea)

TheissueofwhetherWallercouldorcouldnotidentifyOfficerHanlonandOfficerHoeppneras

police officers came into question. The lighting conditionswere a significant issue thatwas

addressed. KnowingifWallercouldorcouldnotseetheofficersiscriticalinknowingifWaller

was able to identify the officers on the scene. Itwas determined that at the time of the


25/26



Overview

25

officersinitialobservationofthegarage,theinteriorlightwasoff. Itwaslaterdeterminedthat

onceWallerentered the garage, the light automatically cameon. During the testingof the

light,it

was

found

that

once

the

light

was

activated,

it

remained

on

for

four

minutes

and

thirty

three seconds. Itwas also reported byOfficerHoeppner andOfficerHanlon that the light

remainedonduringtheentireencounterwithWaller.Theofficersalsostatedthattheywere

locatedjustoutsideofthegarageareaatthetimeoftheincident. OfficerHoeppnerstatedthat

hewasapproximately thirteen feet fromWallerat the timeof the shooting. Imagesof the

existing light conditions indicate that Officer Hanlon and Officer Hoeppners approximate

positionswouldhavebeenclearly illuminatedbythegarage lightatthetimeofthe incident.

Also,both

Officer

Hanlon

and

Kathleen

Waller

heard

yelling

coming

from

the

back

of

the

residencewhichverifiesthatOfficerHoeppnerwasgivingloudverbalcommands. Therewas

alsoasignificantamountof timeandopportunity forWallertorecognizeOfficerHanlonand

Officer Hoeppner as police officers and comply with the officers commands to drop the

handgun.

CaseSummaryDuring

the

course

of

this

investigation

it

was

found

that

Officer

Hanlon

and

Officer

Hoeppner

were dispatched to a residential burglar alarm at 409 Havenwood Lane North. When the

officersarrivedat location,OfficerHanlonwasunabletoseetheaddressnumbersthatwere

postedonthecurblineandfrontofthemailboxbecauseofthepoorlightingconditions. The

officersalsoapproachedtheresidencefromtheneighborsyardwhichalsoinhibitedtheirview

of the addressnumbers. These two factors coupledwith the fact that theM.D.C.doesnot

display the exact address, ledOfficerHanlon andOfficerHoeppner tomistakenly go to the

wronglocation.

Officer

Hanlon

and

Officer

Hoeppner

approached

404

Havenwood

Lane

North

insteadof 409Havenwood LaneNorth; 409Havenwood LaneNorthwas located across the

street. Theofficersapproachedthebackoftheresidenceandfoundthatthegaragewasopen.

The open garage was suspicious to them so they continued to investigate thinking that

someonemayhaveunlawfullyenteredtheresidencethroughthegaragearea. WhileOfficer


26/26



Overview

Hanlon searched the exterior of the residence and attempted to make contact with the

homeowner,OfficerHoeppnerremainedinthebackatthegarage. WhileOfficerHanlonwasat

thefront

of

the

residence,

Officer

Hoeppner

observed

Waller

exit

from

inside

the

residence,

intothegaragewithasmallcaliberhandgun. WhenWallerenteredthegaragearea,thegarage

lightcameonautomatically. Notknowingiftheindividualwasaresidentorasuspect,Officer

Hoeppneryelledloudverbalcommands,orderingWallertodropthehandgun. Wallerrefused

toplacethehandgundown immediatelyandcontinued intothegaragearea. OfficerHanlon

heardOfficerHoeppneryellingsoOfficerHanlonreturnedtothegarageareaandalsoobserved

Wallerholdingthehandgun. MultiplecommandsweregivenbybothofficersorderingWaller

todrop

the

handgun.

Waller

placed

the

handgun

on

the

trunk

of

avehicle

that

was

located

in

thegarageandthensteppedaway. WhenOfficerHoeppnerapproachedthetrunkofthecarin

anattempttosecurethehandgun,Wallergrabbedthehandgunfromthetopofthecarandin

doingsoheleftfreshsmudgemarks,fingerprintsandtouchDNAonthetrunk. Wallerstepped

backwith thehandgun andpointed it atOfficerHoeppner atwhichpointOfficerHoeppner

discharged his handgun to prevent from being shot byWaller. Based on the existing light

photographs and theofficers reportedpositions, itwasdetermined thatbothofficerswere

fullyilluminated

by

the

garage

light

at

the

time

of

the

incident.

Based

on

the

fact

that

Kathleen

heardyellingcomingfromtheoutsideoftheresidenceandOfficerHanlonheardyellingcoming

from the garage area before the shooting occurred, it was also determined that Officer

HoeppnerwasgivingloudverbalcommandstoWaller. OfficerHanlonalsostatedthatwhenhe

observedWallerwith thehandgun,he identifiedhimselfasaFortWorthPoliceOfficer. It is

undeterminedwhyWallerwasreluctanttoputthehandgundownorwhyhepickeditbackup

andpointeditatOfficerHoeppner.

Documents

Report on the Police Murder of Fort Worth Resident Jerry Waller