FORT WORTH (CBSDFW.COM) – A police investigative report describes a Fort Worth homeowner as not being “pro police” when an officer shot him in his garage in May. Police released the report Friday after a grand jury this week decided not to indict officers in the death of Jerry Waller.

The 26-page report from the Fort Worth Police Department’s major case unit includes the first descriptions of what happened from the point of view of Officer Richard Hoeppner. He fired the six shots that killed Waller, who was holding a handgun when he walked into his garage to check on noises he heard outside.

Hoeppner told investigators that Waller was confrontational when he saw police.

“I’m pretty sure I told you this; but I wanna reiterate that he…umm, his…his attitude towards us was very malicious,” Hoeppner said.

He told investigators Waller asked “Why” when they told him to drop the gun.

“Your law abiding citizen is not going to tell… going to ask you, why,” he said.

The report also includes more details on how police ended up at Waller’s house that night. Dispatched to an alarm at 409 Havenwood, police got out of their cars at 412 Havenwood, and believed their destination was the house next door. The report says the officers were “not familiar” with the common practice of having even and odd numbered homes, on opposite sides of the street.

Waller family attorney Art Brender released a statement calling it “highly suspicious” the city was releasing documents it refused to give to the family in recent months. He said the real story will come out in the next days and weeks.

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