C.P.I.

13I007ED

Overview

FortWorthPoliceDepartment, MajorCaseUnit,ConfidentialReport

On May 28, 2013 at 12:49 a.m., a representative of ADT Security Service contacted the Fort WorthPoliceDepartment911callcenterinreferencetoanaudible,burglaralarmactivationat 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.(RefertotheCommunicationsSectionforalarmcallrecording) 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 completedtheirfieldtraininginFebruaryof2013andwerereleasedtosolostatus.Atthetime 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 officerswerewearingcityissued,FortWorthPoliceDepartmentpoliceuniforms. OfficerHanlonandOfficerHoeppnerhadjustcompletedacalltogetherandwereintheareaof 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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Overview

FortWorthPoliceDepartment, MajorCaseUnit,ConfidentialReport

the street and hundred block of the call location and it will not direct the user to the exact address.(RefertotheMiscellaneousSectionfordetailedinformationontheM.D.C.functions) Officer Hanlon and Officer Hoeppner travelled north bound on Havenwood Lane North to the calllocationandarrivedintheareaatapproximately12:58a.m.Astheofficersapproachedthe 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 LaneNorth,traveledseveralfeetandthenparkedtheirpatrolcarsinfrontofthislocation.The officershadturnedtheirheadlightsoffsothattheycouldapproach409HavenwoodLaneNorth covertly.412HavenwoodLaneNorthislocatedonthewestsideoftheroadwayandjustsouth 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 andbecausetheofficersapproachedfromthe neighborsyard.(Refertothescenedescription forcompletescenedescription) 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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Overview

FortWorthPoliceDepartment, MajorCaseUnit,ConfidentialReport

Hoeppnerthoughtthatthevehiclecouldhavepossiblybeenintentionallyparkedatthebackof 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 wassecludedandmoresusceptibletohavebeenbrokeninto. 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.Aftersearchingtheperimeterofthehome,OfficerHanlonapproachedandknockedon 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 OfficerHoeppnerontheradioandinstructedhimtocometothefrontoftheresidence. Prior to Officer Hanlon instructing Officer Hoeppner to come to the front of the residence, OfficerHoeppner,whowasstillstandingnearthereargaragedoor,observedawhitemaleexit 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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C.P.I.13I007ED

Overview

FortWorthPoliceDepartment, MajorCaseUnit,ConfidentialReport

observed that Waller was carryinga handgun. Officer Hoeppner did not know if Waller wasan 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.Wallerthenwalkedbacktothedriverssidetrunkarea.
Wallers location when he placed the weapon behind his leg as he shifted around.

C.P.I.13I007ED

Overview

FortWorthPoliceDepartment, MajorCaseUnit,ConfidentialReport

OfficerHanlon,whowasstillinfrontoftheresidence,heardOfficerHoeppneryellingsoOfficer 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 twentyfive 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.BothofficerscontinuedtogiveWallercommandstoputthehandgundownandatone 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 thehandgunupandinOfficerHoeppnersdirection.BothofficersobservedWallerpointingthe 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 HoeppnerstatedthatWallerneverdroppedthehandgunbuthemaintainedpossession ofitas 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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FortWorthPoliceDepartment, MajorCaseUnit,ConfidentialReport

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 additionaldetails) Timelineofevents:AccordingtheIncidentDetailReportandradiotrafficcommunications 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 HoeppnerorderedWallertodropthehandgun. 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 continuedtogiveWallerloudverbalcommandstodropthehandgun. 1:06 a.m. (and 50 seconds): Officer Hanlon reported that shots had been fired and requested MedStartothescene. (RefertotheCommunicationsSectionforthetimestampedradiocommunication) 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 themoment that Officer Hanlonreported thatshots had been fired. Both officers statedthatthisincidenthappenedveryquickly. 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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C.P.I.13I007ED

Overview

FortWorthPoliceDepartment, MajorCaseUnit,ConfidentialReport

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 andOfficerChambersarrivedonthescene,OfficerHardinremovedhismedicalbagandheand 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 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 Hardinwas unsureif 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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C.P.I.13I007ED

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FortWorthPoliceDepartment, MajorCaseUnit,ConfidentialReport

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. (RefertoWitnessOfficerSectionforrecordedandtranscribedinterview withOfficerHardin) MedStarpersonnel,whichincludedParamedicJoeGonzalezandEmergencyMedicalTechnician 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. Kathleen was eventually transported to Harris Hospitalfor possible issues.(RefertotheMedStarInformationSectionfor

writtenstatementsfromtherespondingmedicalpersonnel) 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 addressofthealarmcall,andcheckedtheresidence.OfficerDonovanstatedthattheredidnot 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 WitnessOfficerSectionforwrittenstatementsbyrespondingofficers) ThisincidentwasclassifiedasaCategoryOne,CriticalPoliceIncidentandtheFortWorthPolice 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 GreenwasadvisedbytherespondingpatrolunitsthatWallerswife,KathleenWaller,hadbeen
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C.P.I.13I007ED

Overview

FortWorthPoliceDepartment, MajorCaseUnit,ConfidentialReport

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.DetectiveGreenobservedthattheresidenceat404HavenwoodLaneNorthwasset 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. Thelightsilluminatedthepoolandporchandveryfaintlyilluminatedthedriveway.Itwaslater determined that these lights were off at the time of the incident. There were also six traffic conespositionedonthedrivewaythatmarkedthelocationsofOfficerHoeppnersshellcasings. AcardescribedasaFord,SHOsedan,bearingTexaslicenseplatenumber ,wasparked

on the southwest portion of the driveway, just outside of the garage area. With a flashlight, DetectiveGreencouldobservethedeceasedlyingonthenorthwestportionofthegarageanda 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 12S084513, was signed into effect by Municipal Court Judge Langston ordering the search of the crime scene and the collection of evidence.(RefertotheMiscellaneousSectionforthesearchwarrantinformation) 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 hishandgun.OfficerHoeppnerwascarryingacityissued,.40caliber,Glock22,semiautomatic pistol bearing serial number SFL311. Officer Ukle completed the magazine count of the
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C.P.I.13I007ED

Overview

FortWorthPoliceDepartment, MajorCaseUnit,ConfidentialReport

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 tofullcapacityindicatingthathehadnotdischargedhishandgunduringthisincident.(Referto the Weapon Information Section for additional information regarding the weapons on the scene) DetectiveGreenwastoldthatbothofficershadarrivedonthesceneatthesametimebutwere 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 1471784 and Officer Hoeppner was operating Fort Worth Police patrol car number 1471588. The Dashcam video DVDs were removed by SergeantBuskerandimmediatelygiventoDetectiveGreen.DetectiveGreenobtainedtheDVD from patrol car number 1784 at 3:00 a.m. and the DVD from patrol car number 1588 at 3:04 a.m.Itwaslaterdeterminedthattheofficersdidnotrespondtothescenewiththeirlightsand 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 lapelmicrophone belonged to Officer Hardin who had accidentlydroppeditintheyardwhenhefirstarrivedonthescene. 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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C.P.I.13I007ED

Overview

FortWorthPoliceDepartment, MajorCaseUnit,ConfidentialReport

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 lightwasonatthetimeofthisshootingincidentandwastaskedwithdeterminingifthegarage 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 motionactivatedandtheycameonautomaticallywhenyouenterthegaragearea. Officer Hoeppner was interviewed on May 28, 2013 and a follow up interview was completed onJune6,2013.DuringOfficerHeoppnersfirstinterview,heexplainedwhatoccurredwhenhe 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 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 stanceandthenWallerpointedtheweaponathim.OfficerHoeppnerstated,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 becauseofhisdemeanor,hequestionedifWallerwasthehomeowner.Hecontinuedbysaying thatWallerhadavery standoffish attitude with us.
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C.P.I.13I007ED

Overview

FortWorthPoliceDepartment, MajorCaseUnit,ConfidentialReport

Officer Hoeppner indicated that when the handgun was placed on the vehicle, Officer Hoeppnerwasgoingtoattempttosecureit.OfficerHoeppnerwasaskedifhewascomfortable 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 OfficerHoeppnercontinuesbysayingthat Wallers actions 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 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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C.P.I.13I007ED

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FortWorthPoliceDepartment, MajorCaseUnit,ConfidentialReport

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 how many seconds 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 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 walkthrough showedthatOfficerHoeppnerwasapproximatelythirteenfeetfromWallerduringtheincident. 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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FortWorthPoliceDepartment, MajorCaseUnit,ConfidentialReport

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 retrievedtheweapon.OfficerHoeppnerstatedthathewasconvincedthatWallerwasgoingto 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?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. 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. Laterduringtheinterview,OfficerHoeppnerwasaskedifWallerappearedtobeathreatwhen 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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FortWorthPoliceDepartment, MajorCaseUnit,ConfidentialReport

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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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)

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 hisarrival.OfficerHanlonstatedthatwhenhearrivedatthegarage,hemadeeyecontactwith 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 askedhow long between the time that Waller grabbedthe 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 andtranscribedinterviews)

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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 positivelyidentifiedWallerbyaTexasDriverslicensethatwaslocatedinWallersfrontpocket. Waller was eventually transported to the Tarrant County Medical Examiners Office. (Refer to theInjuredPersonsInformationSectionforadditionaldetails) 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,OfficerUklecompletedphotographsoftheareawithandwithoutthegaragelighton.It wasdeterminedthatthegaragelighthadamotionsensoronitandthegaragelightsturnedon 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(towardthegolfcoursearea)whichcausedtheblood,thatwaspoolingbeneaththe 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.TheshellsejectedfromOfficerHoeppnershandgunupwardandbackwardandtothe 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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generalareawheretheshooterwasstandingwhentheshotswerefired.)Also,itisnotunusual for emergency personnel, who are responding to the scene, to inadvertently kick or accidently movethecasingswhenrespondingtoemergencysituations.Twoprojectilesandoneprojectile 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 SceneDescriptionSectionforadditionaldetails) 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 vehiclesandbothofficerswereinterviewedseparatelyonthescene.DuringOfficerHoeppners walkthrough, Officer Hoeppner identified his and Wallers approximate positions during the incident.OfficerHoeppnerstatedthatwhenWallerplacedthehandgunonthevehicle,hewas 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 ashebegantodischargehishandgun.OfficerHoeppnerstatedthathenevercamecloserthan approximately thirteen feet to Wallers position. A walkthrough was also completed with OfficerHanlon.OfficerHanlonalsoindicatedhisandOfficerHoeppnersapproximatepositions 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 illuminatestheentiredrivewayarea. TherewasadiscrepancyinOfficerHoeppnersandOfficerHanlonsstatementregardingOfficer 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 attemptingtosecureWallershandgun.OfficerHanlonstatedthatOfficerHoeppnerwaswithin 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 alsofocusedonWallerinanattempttoassessthesituationanddetermineifWallerwasorwas 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,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 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 #24August 2005) (Refer to the Miscellaneous Section foradditionalstudiesrelatedtoofficerinvolvedshootingincidents)

Onthenightoftheincident,KathleenWallerwastransportedfromthescenetoHarrisHospital 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 alarmgoesofffrequentlyandwhenitdoes,herhusbandusuallystepsoutsidethefrenchdoors andturnsthealarmoffwiththeremotedevice.Onthenightofthisincident,Kathleenwokeup 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,shecouldnotunderstandwhatwasbeingsaidatthetime.Kathleenstatedthatshe
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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 InformationSectionforadditionaldetails) 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 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 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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autopsyDr.GreenburgfoundmultipletumorsinWallersliver.ItisundeterminedifWallerwas 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 timeoftheincident.(RefertotheInjuriesSection,WitnessSectionandInjuredPersonSection foradditionaldetails) On June 24, 2013, Detective Green received the results of the fingerprint and DNA analysis of theprintsandDNAsamplesthatweretakenfromthetrunkofthecarwhereWallerreachedfor 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.testedtwoofthethreeswabsfromthetrunkofthecarforapossibleDNAmatch 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 additionaldetails) Forensic Scientist Trisa Crutcher, M.S. examined the bullet fragment and projectiles that were locatedinthegarageforpossibletracesofbloodtodetermineiftheseprojectilesstruckWaller during the incident. Crutcher reported that both projectiles tested positive for blood and the fragmenttestednegative.(RefertotheBallistics,PrintsandDNAReportsSectionforadditional 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 comparisonofthebulletsandjacketfragmentsdidnotrevealsufficientagreementofindividual 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, thatarecurrentlyinpossessionoftheFortWorthPoliceDepartment,havefewerdistinguishing characteristics that would differentiate the projectiles that were fired from the one Glock 22 pistolcomparedtoanotherGlock22pistol(comparedtotraditionalriflinginotherfirearms),so theprojectiles(bulletsandjacketfragments)thatwererecoveredcannotbepositivelymatched toOfficerHoeppnershandgun.However,basedonthemagazinecountthatwasperformedon 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, distinctiveriflingissues) 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 previouslyownedbyOzarkArmsandOzarkArmsiscurrentlyoutofbusiness.Thelastdealer, associated with this handgun, does not have records prior to 1984. (Refer to the Weapons InformationSectionfortheGunTracereport) 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 wasnotzoomedinatthetime.TheM.D.C.willnotgiveanexactaddressanditwillonlydirect 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 itmode.Iftheuserfollowstheexactdirectionsgivenon theM.D.C.,itwillplacetheusertwo housestothenorthoftheactualcalllocationandatthenearestintersection,whichinthiscase 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 HavenwoodLaneNorth;therewerenoaddressnumberspostedonthefaadeoftheresidence. 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 videosofthearea) TheissueofwhetherWallercouldorcouldnotidentifyOfficerHanlonandOfficerHoeppneras 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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officersinitialobservationofthegarage,theinteriorlightwasoff.Itwaslaterdeterminedthat once Waller entered the garage, the light automatically came on. During the testing of the light,itwasfoundthatoncethelightwasactivated,itremainedonforfourminutesandthirty 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 locatedjustoutsideofthegarageareaatthetimeoftheincident.OfficerHoeppnerstatedthat 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. CaseSummary

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 officersalsoapproachedtheresidencefromtheneighborsyardwhichalsoinhibitedtheirview 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.Theofficersapproachedthebackoftheresidenceandfoundthatthegaragewasopen. 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,OfficerHoeppnerremainedinthebackatthegarage.WhileOfficerHanlonwasat the front of the residence, Officer Hoeppner observed Waller exit from inside the residence, intothegaragewithasmallcaliberhandgun.WhenWallerenteredthegaragearea,thegarage 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 heardOfficerHoeppneryellingsoOfficerHanlonreturnedtothegarageareaandalsoobserved 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 thegarageandthensteppedaway.WhenOfficerHoeppnerapproachedthetrunkofthecarin 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 fullyilluminatedbythegaragelightatthetimeoftheincident.BasedonthefactthatKathleen heardyellingcomingfromtheoutsideoftheresidenceandOfficerHanlonheardyellingcoming from the garage area before the shooting occurred, it was also determined that Officer HoeppnerwasgivingloudverbalcommandstoWaller.OfficerHanlonalsostatedthatwhenhe 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 andpointeditatOfficerHoeppner.

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