Rookie Cop Who Shot 72-Year-old Dead in his Home while Investigating Burglary at the WRONG Address Will Not be Charged

No 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

The Daily Mail

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.