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.
Perry Walton Shaw, a deputy with the Foard County Sheriff's Office, was off duty and at his own residence on the fateful night of Dec. 30, 2017, when he received a call.
He was notified by a local citizen of a possible stolen tractor located in the city of Crowell. Despite not being on call or on duty, Shaw elected to investigate the report.
While getting dressed, Shaw received a call from Justin Haynie, another citizen of Crowell who Shaw personally knew for several years. Haynie requested Shaw come to his house but didn't give any more detail into what issue he was having.
"Haynie only indicated that something unusual was happening at his residence," Shaw wrote in his voluntary statement given to the Texas Department of Public Safety Ranger Division on Jan. 3, 2018.
Hearing an "urgency in his voice," Shaw questioned Haynie if it was related to the stolen tractor. Haynie reportedly replied it was not and said again to get to his residence, 407 North First St.
Shaw finished getting dressed in his blue jeans, western boots and a brown uniform-type shirt. He also wore a green coat "due to the cold weather," his statement said.
He placed a clip-on badge holder with his FCSO badge on the right side of his belt next to his agency-approved firearm.
The 10-year veteran had over 1,000 hours of law enforcement training – including almost 400 hours since becoming a peace officer – and had obtained his intermediate peace officer certification in 2014, according to his Texas Commission on Law Enforcement personal status report.
911 calls cause some concern, confusion
Before Shaw could leave his residence, he received a call from Foard County Sheriff Mike Brown telling him to respond to 407 North Main, based on a 911 call from a man with a gun.
In the 911 calls, also obtained by the Times Record News through an Open Records request, a man's voice – believed to be Heath Wayne Hodges, 35, of Iowa Park – receives a call from the FCSO dispatch at 9:45 p.m. asking if everything is okay due to a call from that number that hung up when dispatch answered.
"No it's not. We got us a problem," the man said. "...I need you to come to this address."
When questioned by dispatch of where he was, the agitated voice said he was at 407 North Main in Quanah, and the line disconnected a few seconds later.
About 9:47 p.m., the same man placed a second emergency call and spoke to the FCSO dispatch again.
""I need someone here now," he said. "...Hurry, wherever you're at, get here."
This time, the man claimed to be at Haynie's house in Crowell, Texas – not in Quanah.
"I need help. Get here now. Help," the man said, before seeming to talk to other people at the residence.
"...Get off of me now, or I'm pulling my gun," the man told the other people in the background of the call.
The same man placed a third call at 9:48 p.m. to 911 and spoke to the same dispatch person from the FCSO.
"Get here now. I need you now. It's real," the man told the dispatcher. "I need help. I'm leaving my phone on, I've got my gun out, and I'm holding 'em here. There's a major problem. I will have a gun in my hand when they get here. Do not shoot. Do not shoot.
"It's a major pawn. There's lawyers involved. There was a lawyer hired to get me a scam, and I need cops here now."
While on the phone with the man during the third phone call, the dispatcher contacted Brown to notify him of the situation.
"I've got somebody at 407 North Main Street," the dispatcher told Brown. "They're holding somebody at gunpoint."
"Oh, (expletive)," Brown responded. "407 North Main?"
"Yes," the dispatched answered. "He said, 'Don't shoot.' He's got somebody at gunpoint."
"We'll get over there," Brown said.
Deputy connects dots, responds to Haynie residence
Not knowing the calls received by dispatch, Shaw wrote in his statement that he believed the information he received from Brown and Haynie might be connected.
Brown told Shaw that someone had another person at gunpoint at a residence at 407 North Main St., at which time Shaw let Brown know about the initial Haynie phone call.
He left in his FCSO patrol vehicle, a 2015 Dodge Ram with the FCSO insignia and emergency lights on the top of the cab and in the front grill.
While en route, Shaw received another call from Haynie's phone. He told them he was on the way to their residence and could hear Haynie speaking to someone in the background, Shaw's statement said.
Shaw said he felt the need to drive to Haynie's house on North First instead of the residence on North Main, as Brown indicated.
He called Brown and told him the call location was at the Haynie residence based on the second phone call he received.
At 9:49 p.m., dispatch placed another call to the the man believed to be Hodges.
When the man finally answered the phone after numerous rings, he asked the dispatcher, "Hey, you got somebody here?"
"They are on their way, sir, I promise you that," the dispatcher told the man. "Okay, what's going on? I need to know what's going on."
Without replying, the man hung the phone up again, leaving the dispatcher in the dark on what type of situation Brown or any other deputies might be walking into.
The dispatcher tried to call the phone number back a fifth time at 9:50 p.m., but it went to Hodge's voicemail.
Deputy arrives on scene of residence
Unaware of that final call placed to the Hodges, the deputy parked on the north side of Horner Street directly south of the Haynie residence with his vehicle angling toward the south door of the house.
Shaw left his emergency lights activated, knowing the video system was recording as well.
As he got out of his vehicle, Shaw was met by an adult woman whom he only knew by her first name of Heather.
She told Shaw that a man inside the residence was armed with a gun, but said she would take him home "if I could get his gun and get him into his vehicle," Shaw wrote in his statement.
Shaw wrote that he continued walking toward the south door of the residence and believed the woman continued walking west away from the house.
Hodges' reaction to deputy question deemed 'odd in this situation'
The deputy walked up the steps immediately outside the south door of the residence.
"I then opened the south door and immediately saw a white male that I did not recognize as a member of the Haynie family," Shaw wrote. "I also saw Justin Haynie standing close by."
Shaw introduced himself as being a deputy with the FCSO and "shook the unidentified white male's hand."
As the man, who was never identified in Shaw's statement but the investigation revealed to be Hodges, backed into the resident, Shaw stepped further inside the house as well.
"I asked the white male if he had a gun on him and he smiled, which I thought was odd in this situation," Shaw wrote in his statement. "Without being asked, the white male pulled up his shirt or jacket, exposing the stainless steel revolver in a black holster, on his belt."
Shaw stated he told Hodges that he needed his gun.
"But as I was saying this the white male reached for his gun and I reached to grab his hand and prevent him from drawing his weapon," Shaw wrote.
As Shaw reached for Hodges' hand, Shaw stated that Hodges "quickly" stepped back and drew his weapon, "pointing it toward me."
"At this time I felt fear for my life," Shaw wrote. "In response, I drew my sidearm and fired two rounds at the white male."
Hodges reportedly fell toward Shaw, landing on the floor near the south door.
"I saw a large amount of blood on the floor around him," Shaw wrote.
Shaw begins to secure scene, notify others of officer-involved shooting
Hodges' revolver landed on the floor near his hand, so Shaw holstered his own weapon and used a nearby piece of clothing to pick up Hodges' weapon and place it on a nearby table.
"I felt it necessary to better secure the scene, so first aid could be provided to the wounded white male," Shaw wrote.
Haynie told Shaw he was calling for emergency medical services, so Shaw called Brown around 9:54 p.m. to notify the sheriff that shots had been fired and he – the deputy – was unharmed.
In the background of the phone call from Shaw to Brown, a female voice sounded hysterical and Shaw could be heard telling the woman and a second emotional woman that they couldn't touch the body.
"Shortly thereafter, I walked outside to await assistance," Shaw wrote in his statement. "I attempted to walk back inside the residence to provide aid and check on Haynie's condition but was met by Sheriff Brown, who had arrived on scene."
At that point, Brown took possession of Shaw's firearm to preserve it as evidence.
At 9:58 p.m., Brown placed a call to the Hardeman County Sheriff's Office, seeking assistance in getting the proper investigation underway.
"We've got an officer-involved shooting," Brown told the dispatcher. "Can you get a hold of a Texas Ranger?"
The HCSO dispatcher confirms Brown's address as 407 North First St. in Crowell and that it was an officer-involved shooting.
He then gets off the phone with Brown and begins to get into contact with Texas Ranger Michael Smith, who was notified of the incident at 10:06 p.m. and responded to the scene to lead the investigation.
"I elected to stay outside of the residence, but on scene, until released by investigating officers," Shaw wrote.
Shaw also stated that he notified Brown and Hardeman County Sheriff Pat Laughery, who arrived on scene to help, that his in-car video was still recording. Laughery turned the recording off at that time, Shaw wrote.
A toxicology report showed Shaw had no alcohol or drugs detected in his system.
After Smith's investigation concluded, 100th District Attorney Luke Inman presented the information in April 2018 to the Foard County Grand Jury, who declined to bring charges against Shaw for the fatal shooting of Hodges.