Editor's note: The Times Record News obtained through an Open Records request the investigation report into the shooting death of Heath Wayne Hodges, 35, of Iowa Park, which was turned over by the Texas Rangers to 100th District Attorney Luke Inman. This is one of three articles looking into what happened in Crowell, Texas, on Dec. 30, 2017.
Texas Ranger Michael Smith was requested to assist in the investigation of the officer-involved shooting in Crowell, Texas, on that fateful night of Dec. 30, 2017 by Foard County Sheriff Mike Brown.
Smith would lead an investigation that lasted over three months into the fatal shooting of Heath Wayne Hodges, 35, of Iowa Park, by Foard County Chief Deputy Perry Walton Shaw.
Shaw had been off-duty that night but was requested to help with an "unusual" situation at Justin Haynie's residence at 407 North First Street in Crowell.
His assistance was also requested by Brown as 911 calls came in about an emergency involving a man with somebody at gunpoint.
Smith was tasked with determining the circumstances that caused Shaw to shoot Hodges twice in the upper chest area.
His findings were documented in his 31-page investigation report, which was obtained by the Times Record News through an Open Records request.
According to the report, Texas Rangers Jake Weaver and Wayne Buxton arrived on scene prior to the arrival of Smith.
Once on location, Smith assumed the role of lead investigator. Weaver was assigned as the lead investigator of the crime scene, and Buxton tasked with completing a three-dimensional scan of the crime scene.
Foard County Sheriff gives basic details
Smith then met with Sheriff Brown to obtain initial information about the incident.
Brown told the ranger about the dispatch from Hardeman County of a man with a gun at 407 North Main Street in Crowell. Foard County does not maintain a law enforcement dispatch center, so their communications run through Hardeman County.
Brown responded to the call and also said Chief Deputy Shaw was already responding as well.
While en route, Brown said he received a call from Shaw advising shots had been fired and the chief deputy was okay.
Brown told the ranger he arrived on scene a short time later and found Hodges had been shot. Emergency medical personnel also responded to the scene and attempted to provide aid to Hodges, but he died before he could be taken to a hospital.
Around 2:06 a.m. on Dec. 31, 2017, Smith spoke briefly to Shaw. The chief deputy gave a similar account of the events as to what he wrote in his voluntary statement.
Shaw said Brown took possession of his weapon after the sheriff arrived, and that the condition of the weapon had not been altered since the shooting.
The chief deputy admitted he had moved Hodges' weapon to a table inside the south door of the residence. According to his statement, Shaw had used a piece of clothing to move the weapon.
Shaw told the ranger that he believed Justin and Amber Haynie had been inside the house at the time of the shooting, along with small children. He believed Heather Ballard was in the south yard of the residence at that time.
Around 2:16 a.m., Smith took possession of Shaw's FCSO issued cell phone, which Shaw had advised had recorded voice and text conversations with Justin Haynie regarding the initial incident.
Homeowner recounts events up to the shooting to Texas Ranger
Smith then spoke with Justin Haynie around 2:30 a.m. after informing him that he was under no obligation to speak with the ranger. The interview was recorded using a digital audio recorder.
Haynie said he had met Hodges on one prior occasion but didn't know him very well, despite having several mutual acquaintances.
Haynie had invited Hodges to come over to his residence on Dec. 30, 2017, to celebrate Christmas with family members. Hodges arrived with Haynie's sister-in-law, Ballard, around 1:30 p.m.
After spending time with the family, Haynie and Hodges went driving in Foard County. They purchased beer at a local store. Haynie said Hodges purchased a 12-pack and drank about four or five beers, but Hodges "did not seem drunk to him."
The two men returned to Haynie's home. While inside, a vehicle drove by the residence.
Haynie noticed "an immediate demeanor change in Hodges and Hodges stated, 'You played me like a pawn.'," the report states.
Haynie questioned Hodges on what he meant, and Hodges responded that he was calling the police. Haynie told the ranger that he knew Hodges had a silver revolver with a black handle on him because Hodges had shown it to him earlier in the day.
Hodges continued to act "erratically" and used Haynie's cell phone to call two numbers. Haynie said he had given Hodges his phone in an attempt to call him down, and Hodges was walking around dialing numbers.
Amber Haynie asked Hodges to leave at this point, Justin Haynie said. The only adults in the house at the time, according to Justin Haynie, were himself, his wife, Hodges and Ballard.
Ballard reportedly told Hodges he was "being crazy," to which Hodges made a comment that she "was treating him like her ex-husband."
While on the phone with an then-unknown person – 911 calls obtained during the investigation revealed it was the Hardeman County dispatcher – Hodges drew his firearm.
Justin Haynie told Ballard to leave and, in his frustration, said he punched a door in the house. Justin Haynie then called and sent a text message to Shaw.
Hodges reportedly began telling others in the house to get away and told the dispatcher that he was "in danger." Justin Haynie said Hodges didn't point the weapon at him, but was unsure if he pointed it at anyone else.
Upon arrival, Shaw reportedly told Hodges, "I'm going to need that gun."
"The hell you are," Hodges reportedly responded, as he pulled his gun from the holster and pointed it toward the chief deputy.
At the time of the shooting, Justin Haynie said his wife and the children were in another part of the house and Ballard was outside.
At various points during the incident, Justin Haynie said Hodges "accused him of conspiring against Hodges in concert with Hodges' ex-wife."
He said he had only learned a few minutes prior to the interview with Smith that Hodges "was not supposed to be dating anyone due to his ongoing divorce proceedings."
During his phone calls, Hodges reportedly told the person "he was in trouble and had been framed," Justin Haynie said to the ranger. Hodges also requested the person send a helicopter to pick him up.
Hodges allegedly claimed, "It'll all be over in ten minutes."
Justin Haynie told the ranger that Hodges had four or five beers and two whiskey drinks throughout the evening.
He also alleged that he and Hodges had smoked marijuana earlier in the day. The toxicology report performed postmortem on Hodges did not show any indications of tetrahydrocannabinol.
Justin Haynie claimed Hodges and Ballard had been dating since at least Thanksgiving of that year.
Ranger interviews alleged girlfriend
Smith next spoke with Ballard and recorded the interview, which began around 2:52 a.m. on Dec. 31.
She gave a similar account of the day and confirmed that Justin Haynie had invited them over to celebrate Christmas.
Ballard said they were supposed to go home, but Hodges wanted to spend the night at the Haynie residence.
Shortly after the two men returned to the residence for the last time, Ballard said she spoke with Hodges about going to a nearby store to purchase stomach medicine.
Hodges reportedly began "to act strangely" during this conversation.
He then told Ballard that "she and his wife had the same lawyer, and he believed Ballard and his wife were conspiring against him."
Ballard told the ranger she believed Hodges "had been drinking excessively" that day, citing a nearly empty bottle of Texas bourbon she had bought for Justin Haynie for Christmas.
She said "Hodges' demeanor changed like someone had flipped a light switch." He began accusing the Haynies of being involved with a plot against him and began making phone calls.
After Amber Haynie told Hodges to "get the hell out of her house," Ballard said she began trying to load things into Hodges' vehicle and attempted to convince him to leave.
Things "continued to escalate," Ballard said, and she saw Hodges reach for his waistband. He then walked outside the residence. Outside, Hodges continued making accusations at her, Ballard claimed.
As Shaw arrived to help diffuse the situation, Ballard said she asked him to get Hodges' gun and help get him in his truck to leave.
She said she remained outside, heard people talking inside the residence and then heard shots.
After the shooting, Justin Haynie told Ballard that Hodges had pulled his gun on Shaw and asked her to call the local emergency number.
Ballard said she tried to go in to administer aid to Hodges, but she was not allowed to do so.
Around 3:36 a.m., Smith coordinated with Iowa Park police to ensure that Hodges' wife was notified of his death.
Other witnesses interviewed, evidence collected
Smith interviewed over 15 other witnesses and people who responded to the scene as volunteer firefighters to help secure the scene and prevent non-essential personnel from entering the area.
The other people present, including Amber Haynie, gave similar accounts to the events leading up to the shooting.
A laboratory analysis of the projectiles recovered from inside Hodges' body were confirmed to have been fired from Shaw's agency approved firearm.
Smith then submitted his investigation report – including the evidence collected by himself, Buxton and Weaver – to 100th District Attorney Luke Inman.
Inman referred the case to the Foard County Grand Jury, which declined to bring charges against Shaw in April 2018 for the fatal shooting.