Police State USAFORT WORTH, TX — An elderly man was slain in his own garage because police “inadvertently began searching” the wrong address while investigating a burglary call. Spotting a man who appeared “standoffish” in his own garage, police opened fire, killing a 72-year-old grandfather. After months of investigation, the officer has been cleared and is back on the streets.
In the earliest hour of May 28th, 2013, Jerry Waller was awoken after midnight to the sound of his neighbor’s home burglar alarm. Doing the neighborly thing, Mr. Waller got out of bed to check on the family next door. He took a pistol with him as his wife stayed behind.
Fort Worth Police were dispatched and arrived at the scene at 12:58 a.m. Only the officers didn’t go to the address of the alarm. They “inadvertently began searching” the property of Jerry and Kathy Waller at 404 Havenwood — across the road from the automated burglary alert.
Officers B.B. Hanlon and R.A. “Alex” Hoeppner walked onto the Wallers’ property and approached the darkened house with their flashlights lit. As Officer Hoeppner neared the residence, he spotted Mr. Waller, who was cautiously surveying the scene from inside his garage.
A confrontation ensued between the homeowner and the intruders carrying guns and flashlights. Unfortunately only one side survived to tell their version of the events.
The undisputed fact is that Waller was shot 7 times in his own garage.
Officer Hoepnner claims that when he spotted Mr. Waller, he identified himself and commanded the homeowner to drop his gun. According to the police narrative, Waller was hesitant to comply with commands of the strangers. After momentarily setting his gun down, Waller allegedly “freaked out” and “lost it” and picked the gun back up and assumed a “ready” stance, aiming his pistol at police officers. Hoepnner opened fire.
The senior citizen was struck multiple times and was pronounced dead at the scene. His slanted driveway was stained with a trail of his blood and his distraught wife had to be taken to the hospital for emotional distress.
The loss was devastating to the community. “They are just a nice retired couple, that loved working in their yard, having family over, and grandkids,” said Becky Haskin, a neighbor who knew the Wallers.
“I think he panicked,” Haskin said to the Star-Telegram. “He just unloaded his gun in rapid fire. That’s what I heard. It woke me up. I thought it was in my back yard — just rapid fire, one right after the other, in succession. There wasn’t any hesitation.”
The burglary alert across the street was a false alarm.
“Trigger Happy”
The department did not offer many details of the incident for some time, but insisted that “officers felt threatened.”
As the department investigated itself for wrongdoing, the Waller family expressed displeasure with what they considered deliberate “misrepresenting” of details of the killing by the department. They felt so uneasy with the media coverage that they felt compelled to issue a public statement demanding a full investigation. The statement read, in part:
We were deeply troubled by the police department misrepresenting details of the incident in their interviews with the media. We would ask that the police refrain from providing details to the media until a thorough investigation has been completed, preferably by an independent body.
His widow, Kathy Waller, said she was “disgusted” by the police. “Married 46 years, and then somebody gets a little trigger-happy and away they go,” she told WFAA. ”I miss him dearly.”
“My father never stepped outside of his garage,” said son Chris Waller. “He was shot multiple times in the chest only a few steps away from the doorway to his kitchen.”
According to the autopsy report, Waller suffered three bullets to the chest, a shot to the abdomen, a shot to the hand, and two grazing wounds to his wrist and forearm.
Details were slow to emerge, but a report finally admitted that the police went to the wrong address because of “poor lighting.”
The two officers were patrolling the streets again in under two months, without discipline.
Hoeppner gave the following statements:
“…the whole entire time I’m giving commands, “Drop the gun, drop the gun, drop the gun.” “And he’s not dropping it and he had this attitude towards us that…it was almost an attitude of, you can’t 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…”
“I’m pretty sure I told you this; but I wanna reiterate that he…umm, his…his attitude towards us was very malicious.” “It…it was not, pro-police at all.” “ He did not seem happy that, that we were there.”
…if someone who…who…who…is….you get someone out there who would follow the gun laws; and…and that understands that a police officer is telling you this, that you’re not gonna sit there and hold the gun still; cause….I mean like…it’s almost as if he was challenging me.” “And the fact…the reason I say that is I mean, his….the way he stood; I mean…I mean his comments as in, ‘why’…” “ You know like, what…what person in their right man…mind would ask a peace officer…a, a law enforcement officer…’why’ …when he tells you and give you verbal commands that we’re being serious…, drop the gun, you know. Your law abiding citizen is not going to tell… going to ask you, why.”
The way he talks to me is a very stand-off attitude.” “ You know…you know when he say, get…get the light outta my eyes, it wasn’t 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, like…you know…”
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 didn’t want to put the gun down, I firmly believe that he was trying to find a point and time where…when…when he could shoot me at when…when…when it was the most beneficial time for him to shoot me.”
After hearing Officer Hoeppner’s partner swear under oath that Mr. Waller pointed his gun, a Tarrant County grand jury declined to indict the rookie cop. Both officers had been with the department for under one year.
The most recent report states that that Waller told Hoeppner to “get that light out of my eyes,” drawing questions about whether the victim could see who the intruders were through the blinding beam of light.
The police narrative claims that Waller did eventually put his gun on top of a car, but he then “scrambled” to pick it back up. Next, allegedly, Waller “swung the handgun in the direction of Officer Hoeppner,” prompting the rapid fire response.
The report admits that the police did not activate their vehicle emergency lights, nor did they use their sirens. They also did not activate their lapel microphones. Why?
Jerry Waller’s death may never be fully understood, but the tragedy of the situation remains.
Was the situation preventable? Could officers have avoided this situation by utilizing their lights and sirens? Did the officers shoot irresponsibly after getting spooked by a strange man? Did Mr. Waller think he was confronting burglars?
It is simply stunning and amazing, as to how many times law enforcement gets the addresses wrong! Is it plain stupidity or being over zealous to the point of acting and reacting like a crazed dog?! Look at the way LA area cops blasted away at almost anything that looked like a truck during the Chris Dorner fiasco!
We must look at law enforcement as lame brained, incompetent, and murderous fools. Their actions continually prove this to be true. Do NOT call them or interact with them unless it’s absolutely necessary. The lives of you and yours may depend on it!
..as a journalistic effort…I sent this to the Ft. Worth PD for clarification and to see if they wanted to comment for my upcoming essay that I am producing…
regarding corrupt law enforcement..in case the come a ‘knockin…I wanted to post my letter for others to see…
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– I recently read where your department has once again exonerated itself for the death of one of Ft. Worth’s innocent victims.
– I understand that your officer thinks that shooting a 72 year old man in a garage that was not even the appropriate address or the subject of an investigation is appropriate.
– As a local author who writes about police abuse, I wonder how as human beings you even can justify this action, or look yourselves in the mirror?
– I am working on an essay for a major American Magazine related to criminal activity on the part of LEO’s around the country…would you care to comment on how corrupt, absurd and criminal your department looks now, both to the citizen’s of Ft. Worth, as well as the rest of the world?
– Having been raised in a family of corrupt LEO’s, I understand the culture is to protect one another at all costs…lie, cheat, steal….abuse….so your Department’s situation doesn’t shock me…but I wonder what all you blue-clad little boys are going to do when a real revolution rocks the City of Ft. Worth, this country and when the Ft. Worth LEO’s become the target of the raging masses?
– Are you prepared for the millions of pissed off Ft. Worth citizens who may now have been given incentive to chase down every member of your department, City Council and City Government… …arrest , charge and convict them with treason…and then hang them in the public square.. while arresting and convicting their families, wives, kids etc…charging and convicting them with generational treason and hanging them…as out of control mobs tend to do?
– Just how much criminality is the City of Ft. Worth and it’s Police Chief willing to accept and defend from within an out-of-control group of LEO’s when “the people” decide they have had enough?
– Good thing that 2nd Amendment still exists…eh? As an objective observer…I think LEO’s in this country are going to be finding out very soon…what the purpose of that Amendment was intended….is your department prepared for that?
RJ O’Guillory
Author-
Webster Groves – The Life of an Insane Family