© NBC DFWNo consequences: A grand jury has decided not to indict the rookie police officer who shot dead 72-year-old Jerry Waller (right) on accident last May. Pictured above with wife Kathy
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.
A family devastated: Waller was shot by Fort Worth police as they searched his home for burglars in the dark using only flashlights
Waller was found in his garage and pronounced dead at the scene.
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.
Following the decision Wednesday, the Tarrant County District Attorney's Office issued a statement, saying it was standard policy to refer all officer-involved shootings to a grand jury.
Wrong home: Waller's home, pictured here, is across the street from the home police should have searched
Right home: This is the house that cops should have been searching
Waller's widow and the rest of his family released a statement of their own as well, saying they would not comment on the grand jury's decision until their independent investigation into the shooting finished.
So far, the family has not brought up a lawsuit against the city or the police department.
Chief Jerry Halstead of the Fort Worth Police says he hopes the grand jury's decision will help start the healing process for both the Waller family and the cop.
'This tragedy has weighed heavily on the hearts of the men and women of the police department. Personally, I have rarely felt so much sadness from a tragedy within our community,' Chief Halstead said. 'The Waller family has been and will continue to be in our thoughts and prayers. I also ask for continued prayers and support for Officer Hoeppner and his family.'
However, as tragic as this story is, there is still the possibility the cop is remorseful about this and should be reprimanded and fired and never be allowed to ever own another weapon....even monetary restitution or something of the like. But from this story alone , as is, I'm not convinced of criminal culpability either. :/ Horrible mistake though for sure.