Longview PD 'pleased with grand jury's decision' to clear officer in August shooting

LONGVIEW, TX (KLTV) - Longview Police Officer Johnny Lyons has been cleared of any wrongdoing by a Gregg County grand jury in the Aug. 7 shooting of Regan Wagner.

On Aug. 7, Officer Lyons shot and killed Reagan Wagner near Akin Park during a daytime traffic stop after Wagner displayed a firearm and refused repeated requests to put it down.

Longview Police Deparment released a statement saying it is pleased with the grand jury's decision

"The men and women of the Longview Police Department strive to provide the citizens of Longview with police services that will make our citizens proud," the department said on Facebook.

On Aug. 7, shortly before 4 p.m., Lyons stopped a Ford Expedition driven by Regan Marshall Wagner, 23, of Longview, for displaying an expired inspection sticker. The stop occurred in the parking lot of Longview's Akin Park in the 400 block of Delwood Drive.

During the stop Wagner informed Lyons that he did not have a driver's license or insurance. After obtaining Wagner's name and date of birth, Lyons returned to his patrol unit and contacted Longview Communications to positively identify Wagner. Upon returning to speak with Wagner, Lyons asked Wagner to step from the vehicle so he could be positively identified. Lyons asked twice more for Wagner to step out. Wagner then asked to make a phone call. Lyons again asked Wagner to step from the vehicle so he could be properly identified and informed him that refusing would result in his arrest.

Ignoring the request, Wagner grabbed a handgun from the console area of the vehicle. As Wagner attempted to push open the driver's door, Lyons, dropping his clipboard, pushed against the door to prevent Wagner from exiting with the weapon. Lyons stepped back and drew his weapon while Wagner remained seated with the door open.

Repositioning himself to the left and rear of Wagner, Lyons shouted "put the gun down" six times before firing. Wagner, still holding the gun, remained seated in the Expedition with one leg extended out the door. Three more times Lyons shouted for Wagner to drop the weapon. Lyons then fired a second shot while continuing to shout "put the gun down!" Still holding the gun, Wagner stepped from the vehicle and Lyons fired a third and final shot.

As Wagner fell to the pavement, the handgun dropped from his hand. Lyons immediately called for a supervisor and requested an ambulance be dispatched to the location.

Longview Fire Department paramedics arrived within five minutes and began administering aid to Wagner.

Video from Lyon's patrol vehicle obtained by investigators revealed that another Longview police unit was already parked in the lot when Wagner turned in from Delwood Drive. Inside the patrol unit sat two Longview patrol officers preparing reports. Hearing the shot, the officers ran to assist Lyons. Their shouts for Wagner to drop his weapon can also be heard on the videotape. Neither of these two officers fired any shots.

Investigators located and interviewed a civilian witness who was parked within feet of Wagner's Expedition. The witness had entered the lot from the west side after Wagner and Lyons arrived. The witness reported to investigators that she saw the driver of the vehicle and heard officers repeatedly telling the driver to put the gun down.

Video footage from Lyon's patrol unit indicated that Lyons and the other two Longview officers instructed Wagner to put the gun down more than 25 times.

Wagner's weapon was recovered and found to be a .45 caliber semiautomatic handgun containing no ammunition. Testing of the weapon by the Texas Department of Public Safety Crime Lab found that it was functional. No ammunition of any caliber was located inside Wagner's vehicle.

An autopsy conducted by the Dallas County Institute of Forensic Science found four entrance wounds on Wagner's body. One bullet appeared to have struck the seatbelt buckle harness causing it to splinter in to two parts before both entered Wagner's body.

Pathologists ruled the cause of death to be the result of gunshot wounds of the trunk and left upper extremity. Texas Rangers conducted the investigation.

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