LONGVIEW (KYTX) - Hope Fountain says the shadow of recent events has covered up who her son really was.
"You'll never replace those hugs and those smiles. He would always be there for you no matter what." - Hope Fountain, Wagner's Mother
Gregg County Jail Records show that Wagner has a violent past but Fountain says he has regretted his crimes since the day they were committed. In 2013, Wagner plead guilty to terroristic threats of a public servant. Fountain says Wagner was going through a rough patch in his life at the time. He was fired from his job of 5 years at Leon's Steakhouse and began drinking. At home, his mom says he was still the nicest man he could be.
"He was the only one of my children that could calm me down when I really got upset. He was just special like that." - Hope Fountain
According to the arrest affidavit Wagner threatened to come to the police station and shoot officers He then called police 12 times in the overnight hours of September 24th and 25th. The calls ranged from silence to more threats. Earlier this month, Wagner was pulled over in this blue S.U.V. by Longview Officer Johnny Lyons, a 22 year veteran with the force. Why the officer felt the use of force was necessary is still under investigation by the Texas Rangers but Longview Police Officer Kristie Brian says officers are trained to react quickly.
"Officers are trained with many hours of training. Once they are on the streets they have to make those decisions in a split second." - Kristie Brian, Longview Police Department
When it comes to the use of force it's up to the officer's judgment in the heat of the moment. The preliminary autopsy shows that Lyons shot Wagner in the torso and left arm. Wagner died at 5 p.m. on August 7th, his mom says she had just finished making plans with him at lunch time to see him later that day.
"He said 'Mom it's loud in here, I will talk to you later this evening'." - Fountain
Fountain says her son never left his car. And she never knew her son to be physically violent especially not toward an officer. She adds that Wagner did have a gun in his car but it wasn't loaded. Officer Lyons will remain on administrative leave pending the outcome of the Rangers' investigation.