C.P.I.

13 I 007 ED

Fort Worth Police Department,

Major Case Unit, Confidential Report
Overview

On May 28, 2013 at 12:49 a.m., a representative of ADT Security Service contacted the Fort
Worth Police Department 911 call center in reference to an audible, burglar alarm activation at
the address of 409 Havenwood Lane North, a residence in the City of Fort Worth. The alarm
indicated a living room or breakfast area motion. The ADT Security Service representative
called the residence but they were unable to contact the homeowner. The ADT Security
representative then contacted a key holder by the name of Dana Hensman. Hensman advised
the ADT Security representative that she was not at the residence and stated that the
homeowner, Delores Bailey, had been ill. Hensman requested the police to respond to the
location. At 12:52 a.m., the call was dispatched to Officer B.B. Hanlon, I.D. 4080 and Officer
R.A. Hoeppner, I.D. 4066. (Refer to the Communications Section for alarm call recording)

Officer Hanlon and Officer Hoeppner were commissioned as police officers for the City of Fort
Worth Police Department on October 12, 2012, at which time they were assigned to the Patrol
Bureau where they continued their training with a Field Training Officer.

Both officers

completed their field training in February of 2013 and were released to solo status. At the time
of this incident, Officer Hanlon and Officer Hoeppner were assigned to the East Division, Patrol
Bureau. Both officers were driving Fort Worth Police Department marked patrol cars and both
officers were wearing city issued, Fort Worth Police Department police uniforms.

Officer Hanlon and Officer Hoeppner had just completed a call together and were in the area of
Brentwood Stair Road and Eastchase Parkway when they were assigned the alarm call at 409
Havenwood Lane North.

Officer Hanlon was assigned as the primary officer and Officer

Hoeppner was 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
equipped with a GPS mapping system that Officer Hanlon utilized to locate the general area of
the alarm call. The mapping system was placed in the Map it mode to plot the route to the
call location. When the M.D.C. is used in the Map it mode, it will only provide directions to

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Fort Worth Police Department,

Major Case Unit, Confidential Report
Overview

the street and hundred block of the call location and it will not direct the user to the exact
address. (Refer to the Miscellaneous Section for detailed information on the M.D.C. functions)

Officer Hanlon and Officer Hoeppner travelled north bound on Havenwood Lane North to the
call location and arrived in the area at approximately 12:58 a.m. As the officers approached the
area, Officer Hanlon stated that the area was extremely dark and the audible alarm was no
longer sounding. During his recorded interview, Officer Hanlon stated that he observed the
address number 412 posted on a mailbox just south of the call location. Officer Hanlon
stated that he and Officer Hoeppner turned their headlights off in front of 412 Havenwood
Lane North, traveled several feet and then parked their patrol cars in front of this location. The
officers had turned their headlights off so that they could approach 409 Havenwood Lane North
covertly. 412 Havenwood Lane North is located on the west side of the roadway and just south
of the call location. Officer Hanlon was under the impression that 409 Havenwood Lane North
was on the west side of the roadway and one house north of their location, however 409
Havenwood Lane North was actually located on the east side of the roadway and one house
north of their location. The officers exited their vehicles and began to approach the residence
at 404 Havenwood Lane North. (409 Havenwood Lane North is on the opposite side of the
roadway), believing that this was the address that they had been dispatched to. In lieu of
approaching from the front of the residence and possibly being seen by any suspects that may
have been on the premises, the officers walked across the front yard of the residence at 412
Havenwood Lane North to the garage located in the back of the residence at 404 Havenwood
Lane North. The officers were unable to see the address numbers that were displayed on the
curb line in front of 404 Havenwood Lane North because of the lighting conditions in the area
and because the officers approached from the neighbors yard. (Refer to the scene description
for complete scene description)

During his recorded interview, Officer Hoeppner stated that they observed a suspicious vehicle
parked on the far back portion of the driveway at 404 Havenwood Lane North. Officer
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Fort Worth Police Department,

Major Case Unit, Confidential Report
Overview

Hoeppner thought that the vehicle could have possibly been intentionally parked at the back of
the driveway by an intruder to prevent anyone from seeing them approach the residence. The
driveway extended from the main roadway to a parking area in the back of the residence. The
driveway was connected to a rear entry garage that was not visible from the roadway. The
officers stated that they decided to approach the back of the residence first because of the
suspicious vehicle that was parked on the driveway and the fact that the back of the residence
was secluded and more susceptible to have been broken into.

When the officers approached the back of the residence they observed that the overhead
garage door was fully open and the interior of the garage was dark. Thinking that someone
may have entered the residence through the garage, Officer Hoeppner remained at the garage
area while Officer Hanlon searched the exterior of the home. Neither officer entered the
garage. After searching the perimeter of the home, Officer Hanlon approached and knocked on
the front door to check on the occupants. Officer Hoeppner remained at the garage until the
residence could be secured or until the homeowner could be contacted to ensure that
everything was okay. Officer Hanlon stated that he knocked on the door and rang the doorbell
several times. He then observed a light come on inside the residence. Officer Hanlon called
Officer Hoeppner on the radio and instructed him to come to the front of the residence.

Prior to Officer Hanlon instructing Officer Hoeppner to come to the front of the residence,
Officer Hoeppner, who was still standing near the rear garage door, observed a white male exit
the residence from the interior garage door into the garage area. When the white male
entered the garage area, the interior garage light was activated and it came on. The garage
light illuminated the interior of the garage and the driveway where Officer Hoeppner was
standing. The individual in the garage was later identified as Jerry Waller, the homeowner.
Officer Hoeppner was approximately thirteen feet outside the garage and just off center of the
driveway when he observed Waller exit the residence. According to Officer Hoeppner, he was
fully illuminated by the garage light and should have been visible to Waller. Officer Hoeppner
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Fort Worth Police Department,

Major Case Unit, Confidential Report
Overview

observed that Waller was carrying a handgun. Officer Hoeppner did not know if Waller was an
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
handgun and then yelled multiple times for Waller to drop the handgun. According to Officer
Hoeppner, Waller did not put the handgun down. Officer Hoeppner continued to give Waller
loud verbal commands to drop the handgun as Waller continued into the garage area with the
handgun in his right hand, his arm extended to his side and the handgun pointed downward.
There was a vehicle, described as a black Volkswagen, parked in the center of the two car
garage. Officer Hoeppner stated that Waller would not put the handgun down but continued
to walk in front of the parked vehicle, to the passenger side trunk area with the handgun in his
hand. According to Officer Hoeppner, Waller then turned and placed the handgun behind his
right leg as if he was attempting to conceal it from Officer Hoeppners view. Officer Hoeppner
continued to give Waller verbal commands to drop the handgun at which point Waller stated
why. Waller then walked back to the drivers side trunk area.
Wallers location when he placed the
weapon behind his leg as he shifted
around.

C.P.I. 13 I 007 ED

Fort Worth Police Department,

Major Case Unit, Confidential Report
Overview

Officer Hanlon, who was still in front of the residence, heard Officer Hoeppner yelling so Officer
Hanlon ran to the garage area. At this point, Officer Hoeppner and Officer Hanlon were
standing in the driveway area and both officers were illuminated by the interior garage light.
Officer Hanlon was approximately twenty five feet from Waller and just outside of the open
garage door. Officer Hanlon stated that he observed Waller standing next to the drivers side
trunk area with the handgun in his hand. Officer Hanlon drew his city issued handgun and
illuminated Waller with his flashlight and yelled to Waller, Fort Worth P.D., put the weapon
down. Both officers continued to give Waller commands to put the handgun down and at one
point during the confrontation, Waller told the officers to get that light out of my eyes. At
this point Officer Hoeppner and Officer Hanlon canted their lights downward but kept their
handguns pointed at Waller. Officer Hanlon and Officer Hoeppner observed Waller place the
handgun on the trunk of the car and then Waller took one step back. Officer Hoeppner and
Officer Hanlon then lowered their handguns and flashlights, however both officers kept their
handguns unholstered and in a ready position. Officer Hoeppner then approached Wallers
handgun in order to secure it. Officer Hoeppner stated that as he approached the handgun,
Waller stepped toward the handgun and scrambled to pick it up. Waller then swung the
handgun in the direction of Officer Hoeppner and stepped to his right as he continued to raise
the handgun up and in Officer Hoeppners direction. Both officers observed Waller pointing the
handgun at Officer Hoeppner.

To prevent from being shot by Waller, Officer Hoeppner

discharged his weapon. Officer Hoeppner stated that he fired multiple times, rapidly. Officer
Hanlon stated that he did not fire his handgun because Officer Hoeppner was in front of him
and he could not have fired his handgun without possibly striking Officer Hoeppner. Officer
Hoeppner stated that Waller never dropped the handgun but he maintained possession of it as
he fell to the ground. Officer Hoeppner and Officer Hanlon observed Waller fall forward with
his arms beneath him and the handgun beneath his body. Officer Hanlon immediately got on
his handheld, police radio and reported that shots had been fired and requested that MedStar
and a supervisor respond to the scene. Officer Hanlon was still unaware that they were at the
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Fort Worth Police Department,

Major Case Unit, Confidential Report
Overview

incorrect address and reported over the radio that he was at 409 Havenwood. (Refer to the
Scene Description Section, Officer Statement Seciton, and Communications Section for
additional details)

Time line of events: According the Incident Detail Report and radio traffic communications
12:51 a.m.: Officer Hanlon and Officer Hoeppner are dispatched to 409 Havenwood Lane
North.
12:58 a.m.: Officer Hanlon and Officer Hoeppner arrived on the scene. The officers began to
check the area and Officer Hoeppner remained in the back of the residence while
Officer Hanlon attempted to contact the homeowner at the front door. At some
point Officer Hoeppner was confronted by Waller in the garage and Officer
Hoeppner ordered Waller to drop the handgun.
1:06 a.m. (and 6 seconds): Officer Hanlon called Officer Hoeppner to the front door over the
radio. After doing this, Officer Hanlon heard Officer Hoeppner yelling commands
to Waller and Officer Hanlon immediately ran to the back of the residence and
observed Waller with the handgun. Officer Hanlon and Officer Hoeppner
continued to give Waller loud verbal commands to drop the handgun.
1:06 a.m. (and 50 seconds): Officer Hanlon reported that shots had been fired and requested
MedStar to the scene.
(Refer to the Communications Section for the time stamped radio communication)

Officer Hanlon stated over the radio that I 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.
Multiple units immediately responded to the scene. It was 44 seconds from the moment that
Officer Hanlon called out over the radio for Officer Hoeppner to come to the front of the
residence to the moment that Officer Hanlon reported that shots had been fired. Both officers
stated that this incident happened very quickly.

Officer A. Chambers, I.D. 3719 and Officer B. Hardin, I.D. 3995, were working as a two person
unit and were in the area when they heard Officer Hanlons radio transmission that shots had
been fired; Officer Chambers and Officer Hardin responded to the scene. Officer Hardin has
had approximately six years of EMS experience prior to becoming a police officer and he
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Fort Worth Police Department,

Major Case Unit, Confidential Report
Overview

carries a medical bag with him while on patrol. Officer Hardin was aware that shots had been
fired and MedStar Ambulance Service had been requested to the scene. When Officer Hardin
and Officer 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
Waller lying in the garage area and observed a female exit the residence. The female was later
identified as Kathleen Waller, the wife of Jerry Waller. Officer Chambers escorted Kathleen out
of the crime scene and to a patrol unit. Kathleen was not feeling well and was eventually
transported to Harris Hospital by ambulance. (Refer to the Witness Officers Section for
additional details and written and recorded statements from Officer Chambers and Officer
Hardin)

Officer Hardin observed Waller lying on the garage floor. As Officer Hardin approached Waller
to provide medical assistance, Officer Hoeppner told Officer Hardin that Waller was still in
possession of a handgun and the handgun was lying beneath him. Officer Hardin was unsure if
Waller was still a threat so Officer Hardin lifted Waller up in order to secure the handgun.
Officer Hardin stated that before he attempted to remove the handgun from beneath Waller,
he observed that Waller was lying face down with both of his arms beneath him and his hands
were close to his chest. Officer Hardin stated that when he lifted the left side of Wallers body
he observed a small caliber handgun directly beneath Waller, positioned between his hands.
Officer Hardin could not determine which hand Waller was holding the handgun in. Officer
Hardin placed the handgun to the right of Waller and out of his reach. Officer Hardin then
checked Wallers pulse but he could not locate one and it appeared that Waller was deceased.
MedStar Ambulance Service arrived on the scene moments later and Officer Hardin allowed
MedStar attendants to continue treatment. Minutes after the shooting, Officer Hardin and
Officer Hoeppner were at the back of the residence securing the scene while the other officers
were searching the inside of the residence for possible intruders. During his interview, Officer
Hardin stated to Detective Green that Officer Hoeppner made the following statement
moments after the shooting, I dont understand what he was doing (Waller), he was holding
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Fort Worth Police Department,

Major Case Unit, Confidential Report
Overview

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. (Refer to Witness Officer Section for recorded and transcribed interview
with Officer Hardin)

MedStar personnel, which included Paramedic Joe Gonzalez and Emergency Medical Technician
Aundrea Campbell, arrived on the scene at approximately 1:13 a.m. in MedStar Unit 29.
Gonzalez observed Waller lying still and face down with a large amount of blood pooling
beneath him and a handgun lying to his right side. Gonzalez pronounced Waller deceased at
1:26 a.m.; Waller was not transported from the scene. The MedStar attendants then spoke
with Kathleen who was extremely upset.
Hospital for possible

Kathleen was eventually transported to Harris

issues. (Refer to the MedStar Information Section for

written statements from the responding medical personnel)

Officer J. Goanzales, I.D. 3811, and Officer T. Gierling, I.D. 3881 arrived on the scene and
assisted Officer Hanlon in searching the residence to ensure that it was secure. Officer O.
Donovan, I.D. 3548, arrived on the scene and secured the front of the residence. Officer
Donovan eventually met with the homeowner at 409 Havenwood Lane North, the actual
address of the alarm call, and checked the residence. Officer Donovan stated that there did not
appear to be any forced entry and determined that the audible alarm reported to the Fort
Worth Police call center by ADT Security Service, appeared to be a false alarm. (Refer to
Witness Officer Section for written statements by responding officers)

This incident was classified as a Category One, Critical Police Incident and the Fort Worth Police
Department Major Case Unit was notified. Detective M.D. Green, I.D. 2934, was assigned as
the lead investigator. Detective Green arrived on the scene at 2:20 a.m. and found that 404
Havenwood Lane North had been secured with crime scene tape and Crime Scene Officer D.
Ukle, I.D. 2350, was on the scene and taking existing light photographs of the area. Detective
Green was advised by the responding patrol units that Wallers wife, Kathleen Waller, had been
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Fort Worth Police Department,

Major Case Unit, Confidential Report
Overview

transported to Harris Hospital by MedStar Unit number 29. Major Case Detective D.L. Baggott,
I.D. 2186, met with Kathleen at the hospital. Major Case Detective J.W. Goodwin, I.D. 2607,
was assigned to write a search warrant for the residence so that the crime scene could be
processed. Detective Green observed that the residence at 404 Havenwood Lane North was set
off the roadway and the property was completely dark.

Detective Green viewed 404

Havenwood Lane North from the yard of 412 Havenwoood Lane North and observed the back
portion of the residence was being guarded by a Fort Worth Police Officer. Detective Green
also observed that the rear entry garage door was open and the interior light was off; the
interior of the garage was completely dark. There were two porch lights located on the
northwest wall of the building that were facing west bound on the backside of the residence.
The lights illuminated the pool and porch and very faintly illuminated the driveway. It was later
determined that these lights were off at the time of the incident. There were also six traffic
cones positioned on the driveway that marked the locations of Officer Hoeppners shell casings.
A car described as a Ford, SHO sedan, bearing Texas license plate number

, was parked

on the southwest portion of the driveway, just outside of the garage area. With a flashlight,
Detective Green could observe the deceased lying on the northwest portion of the garage and a
large amount 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 12 S 0845 13, was signed into effect by
Municipal Court Judge Langston ordering the search of the crime scene and the collection of
evidence. (Refer to the Miscellaneous Section for the search warrant information)

Detective Green met with Sergeant T. Busker, I.D. 2497, who identified the involved officers
and advised Detective Green that both officers were immediately separated after the incident
and were sitting in separate patrol cars in front of the residence. At 2:40 a.m. Detective Green
and Crime Scene Officer Ukle met with Officer Hoeppner and completed a magazine count of
his handgun. Officer Hoeppner was carrying a city issued, .40 caliber, Glock 22, semi automatic
pistol bearing serial number SFL311. Officer Ukle completed the magazine count of the
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Fort Worth Police Department,

Major Case Unit, Confidential Report
Overview

handgun and found that the handgun contained nine rounds in the magazine and one round in
the chamber. Officer Hoeppner stated that he tops off his handgun, which indicates that he
carries a full 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

determined that Officer Hoeppner fired six rounds during the incident. Officer Hoeppner also
had two fully loaded magazines on his duty belt. The handgun was collected and submitted
into evidence. Officer Ukle and Detective Green also completed a magazine count of Officer
Hanlons handgun. Officer Hanlons Glock 22 and the magazines on his duty belt were loaded
to full capacity indicating that he had not discharged his handgun during this incident. (Refer to
the Weapon Information Section for additional information regarding the weapons on the
scene)

Detective Green was told that both officers had arrived on the scene at the same time but were
operating separate patrol cars. Detective Green observed that the patrol cars were parked on
the west side of the roadway, in front of 412 Havenwood Lane North; Officer Hanlon was
operating Fort Worth Police patrol car number 147 1784 and Officer Hoeppner was operating
Fort Worth Police patrol car number 147 1588. The Dash cam video DVDs were removed by
Sergeant Busker and immediately given to Detective Green. Detective Green obtained the DVD
from patrol car number 1784 at 3:00 a.m. and the DVD from patrol car number 1588 at 3:04
a.m. It was later determined that the officers did not respond to the scene with their lights and
sirens activated nor did they manually activate their recorders or lapel microphones so the
incident was not recorded on the DVDs. Sergeant Busker advised Detective Green that a lapel
microphone was found in the front yard of the residence. It was eventually collected by crime
scene but was later determined that the lapel microphone belonged to Officer Hardin who had
accidently dropped it in the yard when he first arrived on the scene.

At 3:30 a.m. Officer Hanlon and Officer Hoeppner left the scene in separate vehicles to meet
with Detective Green at 350 West Belknap Street, in the Major Case office. Detective Green
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Fort Worth Police Department,

Major Case Unit, Confidential Report
Overview

and Detective Baggott conducted recorded interviews with both officers. Officer Hoeppner
reported that the garage light had been activated when Waller exited the interior of the
residence and walked into the garage. Crime Scene Officer Ukle was notified that the garage
light was on at the time of this shooting incident and was tasked with determining if the garage
light was motion activated. Detective Green requested Officer Ukle to take existing light
photographs with the garage light on. It was later determined that the garage lights where
motion activated and they came on automatically when you enter the garage area.

Officer Hoeppner was interviewed on May 28, 2013 and a follow up interview was completed
on June 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 (Refer to Officers Statements Section for additional details)
Officer Hoeppner stated that when he took a half step to approach the handgun, it appeared
that Waller panics or Freaks out. Officer Hoeppner stated that he was unsure of what
Waller was thinking at the time. He described Waller as making a real quick motion for the
car, grabs the gun, comes back faces me. He described Waller as having moved into a ready
stance and then Waller pointed the weapon at him. Officer Hoeppner stated, at that point in
time 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. During the interview, Officer Hoeppner continuously
questioned Wallers actions. Officer Hoeppner described Waller demeanor as strange and
because of his demeanor, he questioned if Waller was the homeowner. He continued by saying
that Waller had a very standoffish attitude with us.

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C.P.I. 13 I 007 ED

Fort Worth Police Department,

Major Case Unit, Confidential Report
Overview

Officer Hoeppner indicated that when the handgun was placed on the vehicle, Officer
Hoeppner was going to attempt to secure it. Officer Hoeppner was asked if he was comfortable
in approaching Waller after the gun was placed on the trunk of the car. Officer Hoeppner
stated that he did not trust Waller because of Wallers actions at this point. Officer Hoeppner
stated , and, you know, like I still did not trust him, you know I understand, put the gun
down, 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.

When Officer Hoeppner decided to move toward the weapon, Officer Hoeppner stated that it
appeared as though, he (Waller) loses it. He continued by saying, 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 Officer Hoeppner continues by saying that
Wallers actions were unpredictable and Officer Hoeppner was questioning Wallers intentions.
Officer Hoeppner stated, 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 Officer Hoeppner continues by 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 Officer Hoeppner
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Fort Worth Police Department,

Major Case Unit, Confidential Report
Overview

also stated, 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 how many

seconds it took for Waller to grab the weapon and Officer Hoeppner replied that it was
extremely quick, 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 Officer Hoeppner stated that the situation occurred so
quickly that he was unaware if the suspect had fired at him. 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 follow up interview was completed on June 3, 2013. Officer Hoeppner was interviewed in
order to clarify his positioning throughout the incident. Officer Hoeppner clarified that he was
approximately seven yards from Waller at the time of the shooting. The walk through
showed that Officer Hoeppner was approximately thirteen feet from Waller during the incident.
Officer Hoeppner was also asked where his focus was during the confrontation.

Officer

Hoeppner replied, The gun. Officer Hoeppner was asked if Waller appeared to be a threat
and Officer Hoeppner replied, Absolutely. Detective Green asked Officer Hoeppner about
the timeframe from the point that Waller placed the handgun on the trunk to the time that
Waller picked the handgun back up. Officer Hoeppner replied, I mean, itit was quick. I
meanI mean, fromfromfrom the point and time where hehehe put the gun down,
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Fort Worth Police Department,

Major Case Unit, Confidential Report
Overview

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
retrieved the weapon. Officer Hoeppner stated that he was convinced that Waller was going to
shoot and kill him. Detective Green asked Officer Hoeppner where he was positioned when
Waller was in possession of the handgun. Detective Green asked, are you a hundred percent
positive 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? Officer Hoeppner replied,
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.

During Officer Hoeppners second interview, he reiterated the fact that Waller appeared to be
confrontational. Officer Hoeppner stated, Im pretty sure I told you this; but I wanna
reiterate 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. When asked why, Officer
Hoeppner stated, .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? Officer Hoeppner continued by
saying, Andand I mean for me to ask; I mean the academy, you had those situationsyou
know, 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.

Later during the interview, Officer Hoeppner was asked if Waller appeared to be a threat when
he asked why (referring to being ordered to put the gun down). Officer Hoeppner replied,
The whole time that hes got a gun, I mean, from the point and time when he steps and
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Fort Worth Police Department,

Major Case Unit, Confidential Report
Overview

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. Officer Hoeppner continues by saying, 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, Officer Hoeppner continued by
saying, I mean.I mean the whole totality. I tell to put the gun down and he wont put the
gun 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 do with 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
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Overview

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. (Refer to Officer Statements Section for recorded and transcribed interviews)

Officer Hanlon was interviewed on May 28, 2013 and a follow up interview was completed on
June 3, 2013.

Officer Hanlons statements were consistent with the above facts and

information. Officer Hanlon was asked if he and Officer Hoeppner identified themselves as
police officers. Officer Hanlon was unaware if Officer Hoeppner had identified himself before
his arrival. Officer Hanlon stated that when he arrived at the garage, he made eye contact with
Waller and said, Fort Worth PD, drop the gun.

Officer Hanlon sated that it appeared to

have clicked in his head who we were. Officer Hanlon stated that at that time Waller made
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. Officer Hanlon stated that the
incident occurred very quickly the 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. Officer Hanlon was
later asked how long between the time that Waller grabbed the weapon to the time that shots
were fired. Officer Hanlon stated that Maybe a second it was pretty immediate. Officer
Hanlon also stated that Officer Hoeppner was too close to him to fire his weapon. When
Detective Green asked Officer Hanlon how Waller raised the weapon, Officer Hanlon 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
Hanlon was asked if Waller had the opportunity, do you think that he would have fired the
weapon and Officer Hanlon stated, Yes. (Refer to Officer Statements Section for recorded
and transcribed interviews)

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After the officers were interviewed, Crime Scene Officer K. Freix, I.D. 3629 collected and
secured Officer Hoeppners firearm at 3:59 a.m. in the Major Case Office. The weapon was
collected and submitted into evidence. Detective Green returned to the scene at 7:30 a.m. to
assist the crime scene officers. When Detective Green arrived on the scene he met with
Tarrant County Medical Investigator Stephen White and Fort Worth Police Crime Scene Officer
T.C. Lee, I.D. 2527 and Crime Scene Officer R. Presney, I.D. 2032. Medical Investigator White
positively identified Waller by a Texas Drivers license that was located in Wallers front pocket.
Waller was eventually transported to the Tarrant County Medical Examiners Office. (Refer to
the Injured Persons Information Section for additional details)

At approximately 7:32 a.m. Crime Scene Officer Lee collected the small caliber revolver that
was located next to Waller. The revolver was described as a Charter Arms, .38 Special
(undercover model) bearing serial number 629190. The revolver was fully loaded with five
rounds of .38 Special, CCI ammunition. There were also smudge marks and fingerprints on the
trunk of the vehicle where the officers stated that Waller had reached for the revolver. Prints
and DNA swabs were taken for analysis from this area of the car. Prior to Detective Greens
arrival, Officer Ukle completed photographs of the area with and without the garage light on. It
was determined that the garage light had a motion sensor on it and the garage lights turned on
when you entered into the area. Crime Scene officers also located six, .40 caliber shell casings
on the driveway close to where Officer Hoeppner was standing at the time of the shooting.
Detective Green also observed that the concrete parking area, outside of the garage, slanted
downward (toward the golf course area) which caused the blood, that was pooling beneath the
deceased, to move westward and down the driveway and into the grassy area. It should be
noted that the shell casings were located behind Officer Hoeppners approximate reported
position. The shells ejected from Officer Hoeppners handgun upward and backward and to the
right at a high velocity at which point they impacted the slanted, hard surface of the concrete
driveway possibly causing them to move toward the grassy area. (Shell casing placement will
not determine the shooters exact position at the time of the shooting; it will only show the
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general area where the shooter was standing when the shots were fired.) Also, it is not unusual
for emergency personnel, who are responding to the scene, to inadvertently kick or accidently
move the casings when responding to emergency situations. Two projectiles and one projectile
fragment were located inside the garage. These items were collected by the crime scene
officers and were submitted into evidence. (Refer to the Crime Scene Reports Section and the
Scene Description Section for additional details)

At 9:30 a.m., Officer Hoeppner and Officer Hanlon returned to the scene to complete a walk
through with Detective Green. The officers were transported to the location in separate
vehicles and both officers were interviewed separately on the scene. During Officer Hoeppners
walkthrough, Officer Hoeppner identified his and Wallers approximate positions during the
incident. Officer Hoeppner stated that when Waller placed the handgun on the vehicle, he was
approximately thirteen feet away from Waller. After Waller picked up the handgun and
pointed it at Officer Hoeppner, Officer Hoeppner stated that he shifted his position to his right
as he began to discharge his handgun. Officer Hoeppner stated that he never came closer than
approximately thirteen feet to Wallers position. A walk through was also completed with
Officer Hanlon. Officer Hanlon also indicated his and Officer Hoeppners approximate positions
at the time of the incident. According to Officer Hoeppner and Officer Hanlon, both officers
were just outside of the garage area when the shooting occurred and their positions were fully
illuminated by the garage door light. Based on the existing light photographs that were taken
on the scene, not only does the garage light illuminate the officers position but it also
illuminates the entire driveway area.

There was a discrepancy in Officer Hoeppners and Officer Hanlons statement regarding Officer
Hoeppners position just before the shooting occurred.

Officer Hanlon indicated in his

interview that Officer Hoeppner was considerably closer to Waller when Officer Hoeppner was
attempting to secure Wallers handgun. Officer Hanlon stated that Officer Hoeppner was within
a couple of feet from Waller just before Waller reached for the handgun and pointed it at
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Officer Hoeppner, forcing Officer Hoeppner to disengage and then discharge his handgun to
prevent form being shot. However, Officer Hoeppner stated that he remained approximately
thirteen feet (as indicated in the walkthrough) from Waller and never had the opportunity to
get close to the vehicle where the handgun was placed. Officer Hoeppner and Officer Hanlon
indicated in their interviews that they were extremely focused on the handgun and they were
also focused on Waller in an attempt to assess the situation and determine if Waller was or was
not a threat. The inconsistencies in their statements can possibly be contributed to Tunnel
Vision or what is commonly known as Selective Attention. One research study on Selective
Attention was completed by William Lewinski, PhD, Force Science Institute. In Dr. Lewinskis
study titled, The Attention Study: A Study on the Presence of Selective Attention in Firearms
Officers, he explains:
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 toward something or externally drawn toward it, once we intently
focus on something, we have, according to Just et al.s (2001) research, a very limited capacity
to notice anything else.
Another study titled Tunnel Vision, Focusing of Senses 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
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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 survival during 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, Focusing of Senses; Excerpts from Bill Lewinskis Article Based Upon a Study Conducted
by Dr. Steven Yantis; (FSRC Transmission #24 August 2005) (Refer to the Miscellaneous Section
for additional studies related to officer involved shooting incidents)

On the night of the incident, Kathleen Waller was transported from the scene to Harris Hospital
by MedStar Unit number 29. Detective Baggott conducted a recorded interview with Kathleen
at Harris Hospital on May 28, 2013 at 2:48 a.m.

Kathleen told Detective Baggott that she was

awakened by the dogs barking. She observed lights in the driveway and thought the car alarm
was going off; however, she did not hear the alarm sounding. She stated that she is
in one ear and she doesnt hear correctly. She also told Detective Baggott that the car
alarm goes off frequently and when it does, her husband usually steps outside the french doors
and turns 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 she heard pounding and yelling from outside but was unaware of what was
occurring. She stated that because of her hearing issues and the fact that she was in the back
bedroom, she could not understand what was being said at the time. Kathleen stated that she
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did not hear any alarms going off before the incident occurred. She also stated that her
husband owns a revolver and keeps it in the bathroom drawer.

Kathleen also made similar

statements to Officer Chambers and the MedStar attendants. Officer Hardin, Officer Chambers
and other responding officers and MedStar personnel were interviewed or wrote statements
for this investigation. Their statements were consistent with the above facts and information.
Refer to the Witness Statement Section for (Refer to the Witness Section for Kathleen Wallers
recorded and transcribed interview) (Refer to the Witness Officers Section and MedStar
Information Section for additional details)

On June 28, 2013, Detective Green and Detective Baggott attended Wallers autopsy at the
Tarrant County Medical Examiners Office. Dr. Greenburg completed the autopsy and found
several significant injuries. Dr. Greenburg reported that Waller had seven gunshot wounds,
however based on the evidence at the scene only six shots were fired. There were four
projectile strikes to the torso and all of the projectiles were recovered during the autopsy.
There were three addition injuries to the left hand and arm. The left hand, the left upper
forearm, and left wrist were struck by grazing shots. Doctor Greenburg stated, at the time of
the autopsy, one of the shots that struck the forearm or wrist might have possibly entered
Wallers torso and that would account for the seven injuries with only six rounds being fired. 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 and dynamic situation and his exact body positioning, at the time that Waller was
struck, was unknown. The four additional projectiles that were recovered from Waller were
collected by the Fort Worth Crime Scene Officer Presney and submitted into evidence for
analysis. All of the projectiles that were fired have been accounted for; two projectiles were
located on the scene and four projectiles were recovered at the time of the autopsy. Waller
also had a history of skin cancer and colon cancer. According to Kathleen Waller, Waller had
been diagnosed with colon cancer and he had a significant amount of his intestines removed.
Waller also had skin cancer removed from his upper right chest area. Additionally, during the
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Overview

autopsy Dr. Greenburg found multiple tumors in Wallers liver. It is undetermined if Waller was
aware of the tumors in his liver and Kathleen Waller could not be reached to verify this
information. During the course of this investigation, it was found that Waller did not have any
restrictions on his drivers license to show that he required corrective lenses.

Wallers

Toxicology Report showed that Waller did not have any alcohol or drugs in his system at the
time of the incident. (Refer to the Injuries Section, Witness Section and Injured Person Section
for additional details)

On June 24, 2013, Detective Green received the results of the fingerprint and DNA analysis of
the prints and DNA samples that were taken from the trunk of the car where Waller reached for
the handgun.

Latent Print Examiner, Thomas Ekis indicated in his Fort Worth Police

Department Crime Laboratory report that five of the seven prints that were lifted, belonged to
Waller. The two additional prints were inconclusive and he needed copies of friction ridge
exemplars to determine if these two prints belonged to Waller. Sr. Forensic Scientist, Cassie L.
Johnson, M.S. tested two of the three swabs from the trunk of the car for a possible DNA match
to Waller. Johnson reported that the swabs, when compared to the Wallers blood card
(obtained from the Medical Examiners office), showed that absence of an identical twin, the
predominant profile obtained from the swabs from the top of the trunk lid is identified as
originating from Jerry Waller. (Refer to the Ballistics, Prints and DNA Reports Section for
additional details)

Forensic Scientist Trisa Crutcher, M.S. examined the bullet fragment and projectiles that were
located in the garage for possible traces of blood to determine if these projectiles struck Waller
during the incident. Crutcher reported that both projectiles tested positive for blood and the
fragment tested negative. (Refer to the Ballistics, Prints and DNA Reports Section for additional
details)

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Fort Worth Police Department, Senior Forensic Scientist Michael Ward completed a forensic
examination of Officer Hoeppners handgun and the handgun that was in Wallers possession.
He also completed a forensic 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. Ward was also able to determine that the shell casings that were located on the
scene had been fired from Officer Hoeppners handgun.

Microscopic examination and

comparison of the bullets and jacket fragments did not reveal sufficient agreement of individual
characteristics to determine if they were, or were not, fired from the barrel of Officer
Hoeppners handgun. It should be noted that the rifling in the barrel of the Glock 22 pistols,
that are currently in possession of the Fort Worth Police Department, have fewer distinguishing
characteristics that would differentiate the projectiles that were fired from the one Glock 22
pistol compared to another Glock 22 pistol (compared to traditional rifling in other firearms), so
the projectiles (bullets and jacket fragments) that were recovered cannot be positively matched
to Officer Hoeppners handgun. However, based on the magazine count that was performed on
the scene, it can be determined that Officer Hoeppner was the only officer who fired his
handgun on the scene. (Refer to the Ballistics, Prints and DNA Reports Section for additional
details) (Refer to the Miscellaneous Section for letter to the Chief regarding Glock 22 pistol,
distinctive rifling issues)

A gun trace was completed on the handgun that was in Wallers possession through the A.T.F.
The Bureau of Alcohol, Tobacco, Firearms and Explosives report showed that the handgun was
previously owned by Ozark Arms and Ozark Arms is currently out of business. The last dealer,
associated with this handgun, does not have records prior to 1984. (Refer to the Weapons
Information Section for the Gun Trace report)

There were significant issues that were addressed during the course of this investigation. The
first issue that was addressed was how the officers ended up at the incorrect address. Officer
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Hanlon stated that he was the primary officer and Officer Hoeppner followed him to the
location. Officer Hanlon stated that he had his M.D.C. in the Map it mode and his monitor
was not zoomed in at the time. The M.D.C. will not give an exact address and it will only direct
the user to the street and hundred block of the call location (general area). On June 3, 2013,
Detective Green completed a function test of Officer Hanlons M.D.C. Detective Green
requested communications personnel to dispatch a call via the M.D.C. to 409 Havenwood Lane
North. After reviewing the M.D.C. function, Detective Green found that 409 Havenwood Lane
North is not marked exactly on the display screen of the M.D.C. when it is placed in the Map
it mode. If the user follows the exact directions given on the M.D.C., it will place the user two
houses to the north of the actual call location and at the nearest intersection, which in this case
was 400 Havenwood Lane North at 5800 End O Trail. Officer Hanlon also stated that the area
was extremely dark and he was unable to see the address numbers that were posted on the
curb line in front of the residence, and on the front of the mailbox. Also, based on Officer
Hanlons experience (three months in solo status) he was not familiar with the numbering
system in the City of Fort Worth in which all even number residences are commonly on the
opposite side of the roadway as the odd number residences. Officer Hanlon also stated that
they approached the residence from the neighbors yard that placed them out of view of the
address numbers that were posted on the front curb line and front of the mailbox of 404
Havenwood Lane North; there were no address numbers posted on the faade of the residence.
Officer Hanlon did not realize that he was 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 Scene Description Section for existing light images and night time
videos of the area)

The issue of whether Waller could or could not identify Officer Hanlon and Officer Hoeppner as
police officers came into question. The lighting conditions were a significant issue that was
addressed. Knowing if Waller could or could not see the officers is critical in knowing if Waller
was able to identify the officers on the scene. It was determined that at the time of the
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Overview

officers initial observation of the garage, the interior light was off. It was later determined that
once Waller entered the garage, the light automatically came on. During the testing of the
light, it was found that once the light was activated, it remained on for four minutes and thirty
three seconds. It was also reported by Officer Hoeppner and Officer Hanlon that the light
remained on during the entire encounter with Waller. The officers also stated that they were
located just outside of the garage area at the time of the incident. Officer Hoeppner stated that
he was approximately thirteen feet from Waller at the time of the shooting. Images of the
existing light conditions indicate that Officer Hanlon and Officer Hoeppners approximate
positions would have been clearly illuminated by the garage light at the time of the incident.
Also, both Officer Hanlon and Kathleen Waller heard yelling coming from the back of the
residence which verifies that Officer Hoeppner was giving loud verbal commands.

There was

also a significant amount of time and opportunity for Waller to recognize Officer Hanlon and
Officer Hoeppner as police officers and comply with the officers commands to drop the
handgun.

Case Summary
During 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
officers arrived at location, Officer Hanlon was unable to see the address numbers that were
posted on the curb line and front of the mailbox because of the poor lighting conditions. The
officers also approached the residence from the neighbors yard which also inhibited their view
of the address numbers. These two factors coupled with the fact that the M.D.C. does not
display the exact address, led Officer Hanlon and Officer Hoeppner to mistakenly go to the
wrong location. Officer Hanlon and Officer Hoeppner approached 404 Havenwood Lane North
instead of 409 Havenwood Lane North; 409 Havenwood Lane North was located across the
street. The officers approached the back of the residence and found that the garage was open.
The open garage was suspicious to them so they continued to investigate thinking that
someone may have unlawfully entered the residence through the garage area. While Officer
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Hanlon searched the exterior of the residence and attempted to make contact with the
homeowner, Officer Hoeppner remained in the back at the garage. While Officer Hanlon was at
the front of the residence, Officer Hoeppner observed Waller exit from inside the residence,
into the garage with a small caliber handgun. When Waller entered the garage area, the garage
light came on automatically. Not knowing if the individual was a resident or a suspect, Officer
Hoeppner yelled loud verbal commands, ordering Waller to drop the handgun. Waller refused
to place the handgun down immediately and continued into the garage area. Officer Hanlon
heard Officer Hoeppner yelling so Officer Hanlon returned to the garage area and also observed
Waller holding the handgun. Multiple commands were given by both officers ordering Waller
to drop the handgun. Waller placed the handgun on the trunk of a vehicle that was located in
the garage and then stepped away. When Officer Hoeppner approached the trunk of the car in
an attempt to secure the handgun, Waller grabbed the handgun from the top of the car and in
doing so he left fresh smudge marks, fingerprints and touch DNA on the trunk. Waller stepped
back with the handgun and pointed it at Officer Hoeppner at which point Officer Hoeppner
discharged his handgun to prevent from being shot by Waller. Based on the existing light
photographs and the officers reported positions, it was determined that both officers were
fully illuminated by the garage light at the time of the incident. Based on the fact that Kathleen
heard yelling coming from the outside of the residence and Officer Hanlon heard yelling coming
from the garage area before the shooting occurred, it was also determined that Officer
Hoeppner was giving loud verbal commands to Waller. Officer Hanlon also stated that when he
observed Waller with the handgun, he identified himself as a Fort Worth Police Officer. It is
undetermined why Waller was reluctant to put the handgun down or why he picked it back up
and pointed it at Officer Hoeppner.

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