A grand jury was called to consider whether homocide charges should be filed. Waldron was not indicted and prosecutors said that showed the deputy was acting in self defense.
In his news release, Behrenbrinker revealed some of the information that was gathered during his investigation of the incident.
The investigation included hiring ballistics expert Richard Ernest from Fort Worth, Texas. Ernest studied the autopsy report for Tyler Heilman, reviewed still shots from a video re-enactment of the incident that Waldron participated in and completed ballistics tests with Waldron’s handgun.
He concluded that Heilman had to have been at least two feet away from Waldron when the first shot was fired. The remaining three shots were fired from a distance of at least four to five feet away.
“Forensic science, the muzzle-to-target distances of each entry wound and the angle of entry of the gunshots, showed that the homicide could not have happened in the manner stated by Deputy Waldron,” Behrenbrinker’s release said.
Behrenbrinker also highlighted a “corroborating witness” who was called by prosecutors to testify before the grand jury. That man told jurors he had happened upon the fight while driving home from work and watched as the two men wrestled. He said the man in swim trunks had the upper hand on the other man before he heard “pop, pop, pop.”
When the witness was interviewed by Behrenbrinker, he said he did not see a gun, did not know what the popping sounds were coming from and didn’t know if anyone had been shot. The man also said he had served time in prison for a serious violent crime and had been convicted for numerous alcohol-related incidents that resulted in jail time.
The total value of the structured payments issued to Haydin Heilman will be nearly $451,000 by the time they end in 2055. He will receive his first payments when he turns 18 in 2024. Starting in June of that year he will begin receiving monthly payments of $806 through 2055.
Starting in August 2024 Haydin Heilman also will receive four annual payments of $15,000. He also will receive lump sum payments of $10,000 in 2029, $35,000 in 2033 and $40,000 in 2040, when he will be 35 years old.