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TX:Rookie cop who shot 72-year-old dead in his home while investigating burglary at the WRONG
dailymail.co.uk ^ | 30 January, 2014 | Ashley Collman

Posted on 02/03/2014 5:17:31 AM PST by marktwain

A grand jury in Tarrant County, Texas has decided not to indict the rookie police officer who shot dead a homeowner while investigating a burglary at the wrong address.

Last May, R.A. 'Alex' Hoeppner and his partner Benjamin Hanlon accidentally started searching 72-year-old Jerry Waller's property, confusing it in the dark for a house across the street.

Waller was in bed with his wife Kathy at the time, and was stirred by the police officer's flashlights. Fearing a prowler was outside, he grabbed his .35-caliber-pistol and went to investigate.

According to a search warrant affidavit released by the Star-Telegram in July, the two officers encountered an armed Waller near the corner of his home, told them they were police and to drop his gun.

Waller didn't drop his gun and instead raised it at Hoeppner who proceeded to fatally shoot the senior citizen seven times.

According to the autopsy report, Waller suffered three hits to his chest as well as single shots to his abdomen and hand. Two other bullets grazed his wrist and forearm.

Radio transmissions after the shooting record Hanlon telling dispatchers 'shots fired' and to send for an ambulance.

'I don't know who the guy is,' Hanlon says. 'The guy came out with a gun. He wouldn't put the gun down. He pointed it at Hoeppner. Hoeppner fired.'

Waller was found in his garage and pronounced dead at the scene.

The jury heard 25 hours of testimony over four days. Hoeppner testified twice and so did his partner Hanlon, who was fired last year from the department for filing a false sworn statement in an unrelated August arrest.

But in the end they decided there wasn't enough evidence to bring up criminal charges

(Excerpt) Read more at dailymail.co.uk ...


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: Texas
KEYWORDS: banglist; donutwatch; fortworth; tx; waller
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To: FXRP

Your correct,garage is an extension of the house,as he was found inside.


21 posted on 02/03/2014 5:58:10 AM PST by piroque ("In times of universal deceit, telling the truth becomes a revolutionary act")
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To: piroque

Easy on the guy. How the hell would he know if it is a misprint. He can only deal with what was printed. I appreciate the research and learned something I did not know until now.


22 posted on 02/03/2014 5:58:36 AM PST by gusty
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To: Homer1

More to the point ar we to believe a cop hit the target 7/7 times?


23 posted on 02/03/2014 5:59:08 AM PST by muir_redwoods (When I first read it, " Atlas Shrugged" was fiction)
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To: FXRP

I was not there, so I can only go by what is written. It said he was encountered at the corner of the house, and was found dead in the garage. I took it he was shot outside and died in the garage. Is this possible, yes.


24 posted on 02/03/2014 6:01:46 AM PST by gusty
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To: marktwain

At ‘some’ homes this would have all been recorded on audio & video...too bad it wasn’t here.


25 posted on 02/03/2014 6:02:25 AM PST by logi_cal869
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To: muir_redwoods

It was in Texas not NYC or Boston.


26 posted on 02/03/2014 6:04:31 AM PST by gusty
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To: gusty
Read the shot placements in the chest and he went inside to die ,I'd have say a few of the shots were in the back.
The case needs to go before a grand jury.
27 posted on 02/03/2014 6:04:54 AM PST by piroque ("In times of universal deceit, telling the truth becomes a revolutionary act")
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To: piroque
Strike last sentence.
28 posted on 02/03/2014 6:05:57 AM PST by piroque ("In times of universal deceit, telling the truth becomes a revolutionary act")
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To: piroque

I read that it already did. The article mentions 25 hours of testimony on the case before a jury. It did not say what type of jury, but I would assume they mean a grand jury. I cannot think of any other juries besides trial and grand.


29 posted on 02/03/2014 6:07:54 AM PST by gusty
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To: gusty

Reread, this was the grand jury.


30 posted on 02/03/2014 6:09:47 AM PST by piroque ("In times of universal deceit, telling the truth becomes a revolutionary act")
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To: gusty
Maybe it was a typo. Coulda been a .45, coulda been a .32.

Moot point, of course. The cops killed him anyway.

31 posted on 02/03/2014 6:11:50 AM PST by OKSooner ("As the riders went on by him, he heard one call his name...")
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To: muir_redwoods

I agree with your point. Actually a cop at the wrong address hit an innocent homeowner rightfully curious about intruders on his property 7/7 and all he got was a slap on the wrist. At minimum he should have gotten what any citizen who did the same thing - manslaughter.

This and other cops involved in actions that harm innocent civilians need to be put on a permanent dumb axx list so they never work again protecting and defending us.


32 posted on 02/03/2014 6:16:16 AM PST by apoliticalone
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To: OKSooner

What make me not trust the story is the two locations .


33 posted on 02/03/2014 6:17:16 AM PST by piroque ("In times of universal deceit, telling the truth becomes a revolutionary act")
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To: deport

PDF FIles of the Police report... Details as issued by the FWPD.

http://media.star-telegram.com/smedia/2014/01/31/17/57/sgO5A.So.58.pdf
Listing of evidence, etc.

*****
http://media.star-telegram.com/smedia/2014/01/31/17/57/FZFaz.So.58.pdf
p4 of this report shows photo of garage and shooting scene

*******
Waller, the crime scene officer said, was holding a .38-caliber revolver when he confronted Hoeppner.

Read more here: http://www.star-telegram.com/2014/01/30/5527865/fort-worth-homeowner-reached-for.html#storylink=cpy


34 posted on 02/03/2014 6:19:04 AM PST by deport
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To: Homer1
Are we to believe that seven shots came from one gun in such a short period

I can unload 7 shots in about 3 seconds.

35 posted on 02/03/2014 6:20:11 AM PST by Focault's Pendulum (I live in NJ....' Nuff said!)
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To: muir_redwoods
"the target 7/7 times?"
maybe he was fairly close to the target..an elderly citizen..there still 7 shots, couldn't the LEO
even recognize his target? ..what ever happened to identify your target? ..another wrong house?

36 posted on 02/03/2014 6:33:40 AM PST by skinkinthegrass (The end move in politics is always to pick up a gun..0'Caligula / 0'Reid / 0'Pelosi)
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To: deport
FORT WORTH — Homeowner Jerry Waller initially followed a Fort Worth police officer’s commands to put down his gun, but then grabbed it from atop the trunk of his car as the officer moved to retrieve it, according to additional autopsy report documents released Thursday.
“Initially, we were led to believe that Mr. Waller would not put his gun down and now they are stating he had - there is a lot of this story that will come out shortly,” Brender said.

What is the rest of the story ? Still doesn't add up ,should have gone to trail .

37 posted on 02/03/2014 6:38:08 AM PST by piroque ("In times of universal deceit, telling the truth becomes a revolutionary act")
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To: marktwain

Benjamin Hanlon was fired from the PD for lying, not really a
good witness.

The rookie officer was out of control, two controlled double taps maybe, but seven rounds in a split second.

Never mind the taxpayers will pick up the bill.


38 posted on 02/03/2014 6:43:58 AM PST by managusta (The first sign of maturity is the discovery that the volume knob also turns to the left.)
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To: piroque

should have gone to trail .

*************

trial
Apparently the grand jury didn’t concur and that is what counts in this case.


39 posted on 02/03/2014 6:45:29 AM PST by deport
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To: gusty
The guy was 72 so he was born in 1942. .35 caliber ammo has not been made since 1924. Sounds like this S&W was a family aireloom, less than 9K were ever made. Obviously this guy was not some heavily armed dude. But then a toy gun would have spooked this rookie who probably had his gun drawn and was seeking a burgler. Cops need more judgemental shooting training then they are currently getting, especially in smaller towns. I bet some lawyer will sue Tarrant County for not training it's officers adequately. I am sure that officer Hoppner feels terrible and will regret that action for the rest of his life. OTOH he did F up. But then don't we all.
40 posted on 02/03/2014 6:57:18 AM PST by dblshot (I am John Galt.)
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