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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: Nifster; gusty
Waller was found in his garage and pronounced dead at the scene.

And yet, he was found INSIDE his garage. Let's see, he was shot repeatedly and still found the strength to go inside his garage before dying - curious. Does the garage count as part of his home?

41 posted on 02/03/2014 7:07:03 AM PST by from occupied ga (Your government is your most dangerous enemy)
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To: dblshot; All

It is quite possible the .35 caliber is a typo. On the other hand, nearly all .38 revolvers and 9mm pistols can be pretty accurately described as being .35 caliber. The diameter of the bullets is .357 for the revolvers, .355 for the 9mm autopistols.


42 posted on 02/03/2014 7:07:27 AM PST by marktwain (The old media must die for the Republic to live. Long live the new media!)
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To: dblshot

The police reports list the weapon as a .38 caliber.


43 posted on 02/03/2014 7:09:14 AM PST by deport
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To: muir_redwoods
One of the cops present is a proven liar. There’s more here we’ll never know.

And only one side of the story got told because "dead men tell no tales. The FWPD is starting a program of putting wearable vid-cams on officers.

44 posted on 02/03/2014 7:25:40 AM PST by fella ("As it was before Noah so shall it be again,")
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To: marktwain
.35-caliber-pistol

???

45 posted on 02/03/2014 7:40:49 AM PST by zeugma (Is it evil of me to teach my bird to say "here kitty, kitty"?)
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To: piroque

I should get my facts straight? I posted the facts as relation the the caliber reported.


46 posted on 02/03/2014 8:30:16 AM PST by Kartographer ("We mutually pledge to each other our lives, our fortunes and our sacred honor.")
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To: gusty

It was still a cop. 7/7 ain’t happening unless he’s holding the target by the collar.


47 posted on 02/03/2014 9:09:15 AM PST by muir_redwoods (When I first read it, " Atlas Shrugged" was fiction)
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To: from occupied ga

The story itself says they encountered him at the corner of his house....

I am not defending the police here but you are making statements that are not true


48 posted on 02/03/2014 9:09:30 AM PST by Nifster
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To: Nifster
I am not defending the police here but you are making statements that are not true

And yet one of the cops is a proven liar, and the guy was found dead in his garage. I repeat, in your estimation does the garage count as the part of the house?

49 posted on 02/03/2014 9:22:36 AM PST by from occupied ga (Your government is your most dangerous enemy)
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To: TexasFreeper2009

I suspect, as evidenced by the shooting of individuals by the police Nationwide by the police of anyone who is holding anything that can be construed as a firearm ,that they [the police] have been given orders to shoot on sight anyone in possession of what they deem to be a firearm.


50 posted on 02/03/2014 9:39:36 AM PST by sport
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To: marktwain
"There may be a civil lawsuit as well."

there well may be, but if they are, nothing will become of it.

51 posted on 02/03/2014 9:41:35 AM PST by sport
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To: from occupied ga

For some time now, the only difference between the police and the criminal is that the police have badges and the cover of law to back them up.


52 posted on 02/03/2014 9:43:30 AM PST by sport
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To: muir_redwoods

And the other is also a liar, it just hasn’t been proven.


53 posted on 02/03/2014 9:44:43 AM PST by sport
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To: piroque

Standard police and politician cover story: Don’t believe that one, try this one.


54 posted on 02/03/2014 9:50:29 AM PST by sport
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To: deport
Apparently the grand jury didn’t concur and that is what counts in this case.

It wouldn't be the be the first time a Grand Jury was mislead or intimidated by a D.A. and fear of LEO retribution might even have had a part in their decision.

55 posted on 02/03/2014 10:17:53 AM PST by fella ("As it was before Noah so shall it be again,")
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To: marktwain

I want one of those .35 caliber pistols.


56 posted on 02/03/2014 10:20:42 AM PST by ataDude (Its like 1933, mixed with the Carter 70s, plus the books 1984 and Animal Farm, all at the same time.)
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To: marktwain

The hard lesson learned here is to never go searching for someone at night. The old guy should have stayed in the comparative safety of his home and observed instead of running out there with a pistol.


57 posted on 02/03/2014 10:27:19 AM PST by LiveFree99
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To: LiveFree99

Yeah, cower inside your quarters like a good slave should.


58 posted on 02/03/2014 10:57:23 AM PST by sport
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To: TexasFreeper2009

Same here, no other explanation makes sense. He turned a corner they killed him.


59 posted on 02/03/2014 10:59:30 AM PST by jwalsh07
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To: jwalsh07

The fact is, the police have no incentive NOT to kill anyone they see holding a gun. They are immune from prosecution in most instances and at most risk getting a paid vacation when they are suspended with pay. If they don’t shoot and the guy really is a bad guy then they risk death.

So all the incentive is for them to kill first and ask questions later since there is no down sides to doing so.


60 posted on 02/03/2014 11:06:47 AM PST by TexasFreeper2009 (Obama lied .. the economy died.)
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