Wright at that moment radioed to dispatch to let them know that they were on scene, Hymon went on behind the house (Lexis, 1985). He then heard a door slam and seen a young man run across the backyard (Lexis, 1985). The young man stopped at a six-foot high chain link fence at the edge of the yard (Lexis, 1985). Hymon then took a flashlight that made him able to see perpetrator's face and hands (Lexis, 1985). He did not see any weapon, but was not "reasonably sure- that he was unarmed because Hymon was unable to see what was in his other hand (Lexis, 1985). As far as Hymon could tell the perpetrator was between the age of 17 or 18, 5'5- or 5'7- tall (Lexis, 1985). During trial it was determined that Garner was in fact an eighth grader at the age of 15. He was 5'4- tall and weighed somewhere around 100 to 110 pounds (Lexis, 1985). While the perpetrator was crouched down by the fence, Hymon called out, "police, halt- and then took a few steps forward (Lexis, 1985). The perpetrator then started to climb the fence (Lexis, 1985). Hymon was convinced that the perpetrator would get away because the officer was too far back to get to the fence before the perpetrator could be on the other side, so he shot the person in the back of the head (Lexis, 1985). The victim was then taken to the hospital by ambulance where he later died on the operating table (Lexis, 1985). The only items found on the perpetrator was a purse and ten dollars (Lexis, 1985). .
When Hymon was asked at trial why he fired, he stated that it was apparent to him from what he knew of the area at the time that Garner was going to get away because Hymon could not get to him, and because Hymon's partner could not get to him. Hymon could not get to Garner because of the fence that was there, he could not jump the fence and come up, and caught Garner before he got away because he was already up on the fence, just one leap and he would have been over the fence and so there was no way that Hymon could have caught him (Lexis, 1985).
