Carl Ceder: Family of 72-year-old man shot, killed by Fort Worth police files wrongful-death lawsuit

Family of 72-year-old man shot, killed by Fort Worth police files wrongful-death lawsuit Robert Wilonsky

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Jerry Waller’s gun, one of the exhibits in the lawsuit filed today in Fort Worth federal court

The family of a 72-year-old man shot and killed in his garage by Fort Worth police two years ago filed a federal wrongful-death lawsuit this morning.

In May 2013, Jerry Waller was killed after two officers responding to a burglary call went to the wrong house. The officers — Richard Hoeppner and Benjamin Hanlon — went to Jerry Waller’s home instead of the one across the street. Waller was in his garage, armed with a .38-caliber revolver, when officers went to his address by mistake. According to officers Waller initially complied with the officers’ demands to drop his revolver by placing it on the trunk of his car. But according to an investigator’s report, based on interviews with the officers involved, Waller tried to retrieve the gun when the officers moved toward it.

At that point, according to the autopsy released last year, he was shot seven times. In January 2014, a Tarrant County grand jury declined to indict Hoeppner. Hanlon didn’t fire at Weller, but was fired from the department in October 2013 for falsifying an arrest warrant affidavit related to a traffic stop.

Jerry Waller

The suit, which contains what the family says is a detailed time line from the shooting, claims that Fort Worth police “were aware of Hanlon’s propensity for lying,” based on his dismissal. And it condemns then-Police Chief Jeffrey Halstead for his “deliberate indifference to the existence of physical evidence that contradicted Hanlon’s and Hoeppner’s accounts.”

Per the suit, Waller’s wife and two children “would show that the death of Jerry Waller was brought about and ratified by the City of Fort Worth as a result of extremely tragic and intentional acts by Fort Worth police who refused to take personal responsibility for their actions which has shocked the conscience of the community such that it has caused citizens in Fort Worth to lose faith in the ability of their police department to carry out its law enforcement function without seriously endangering the lives of innocent citizens.”

Messages have been left for Fort Worth police. Fort Worth officials say they are “looking into” the suit and will respond later. Updates as appropriate. … [visit site to read more]

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Carl Ceder

Tuesday, May 26, 2015

Family of 72-year-old man shot, killed by Fort Worth police files wrongful-death lawsuit

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