Austin Daniel Wellott

CUSTODIAL DEATH REPORT Agency Information CDR Number: 22-1636-UF Version Type: AMENDED 4/25/2023 10:43 Report Date: Status: Submitted AM Agency/Facility Information McKinney Police 2200 Taylor-Burk Agency Name: Agency Address: Dept. Dr Agency City: McKinney Agency State: TX Agency Zip: 75071 Director Information Director Salutation: Chief Director First Name: Joe Director Middle Name: Director Last Name: Ellenburg Reporter Name: Azhar Ahmed Reporter Email: [email protected] Decedent Information Custodial Death Report :: Page 1 of 7 --- PAGE BREAK --- Identity of Deceased First Name: Austin Middle Name: Daniel Last Name: Wellott Suffix: Date of Birth: 2/5/1992 Sex: Male Race: Anglo or White Age At Time Of Death: 30 Date/Time of Custody (arrest, incarceration) (mm/dd/yyyy hh:mm AM/PM): Date/Time of Custody or 11/25/2022 3:54 Incident: PM Date/Time of Death (mm/dd/yyyy hh:mm AM/PM): 11/25/2022 4:06 Death Date and Time: PM Manner / Cause of Death Has a medical examiner or coroner conducted an evaluation to determine a cause of death? Medical Examiner/Coroner Yes, results are Evaluation?: available What was the manner of death? (select only one) Homicide (includes Manner of Death: Justifiable Custodial Death Report :: Page 2 of 7 --- PAGE BREAK --- Homicide) Medical Cause of Death: Medical Cause of Death: Multiple rifle wounds of trunk Had the decedent been receiving treatment for the medical condition that caused the death after admission to your jail's jurisdiction? Medical Treatment: Not Applicable If death was an accident, homicide or suicide, who caused the death? Law Who caused the death?: enforcement/correctional personnel If a weapon caused the death, what type of weapon caused the death? (Hold CTRL to select all that apply) Type of weapon that caused Rifle/shotgun death?: Was the cause of death the result of a pre-existing medical condition or did the decedent develop the condition after admission? Not Applicable; cause of death was Pre existing medical accidental injury, condition?: intoxication, suicide or homicide If death was an accident, homicide or suicide, what was the means of death? Means of Death: Firearm Custodial Death Report :: Page 3 of 7 --- PAGE BREAK --- Location / Custody Information Where did the event causing the death occur? 3549 Medical Street Address: City: McKinney Center Dr County: Collin Zip: 75069 What location category best describes where the event causing the death occurred? Location Category: Field/woods/lake/waterway/beach What type of custody/facility was the Decedent in at the time of death: Pre-Custodial Use Type of Custody: of Force Specific type of custody/facility: Specific Type of Custody/Facility: N/A What was the time and date of the deceased's entry into the law enforcement facility where the death occurred (mm/dd/yyyy hh:mm AM/PM): Entry Date Time: Entry Date Time N/A: Where did the death occur? Death Location: Medical facility Custodial Death Report :: Page 4 of 7 --- PAGE BREAK --- General Information Did any other law enforcement agencies respond to calls for service related to this incident? Other Agencies Respond?: No What were the most serious offense(s) with which the deceased was (or would have been) charged with at the time of death? Offense 1: Aggravated Assault F2 (FV) Offense 2: Offense 3: Not filed at time of Were the Charges:: death What were the types of charges or reason for contact? (Hold CTRL to select all that apply) Violent Crime Type of Offense: Against Persons At any time during the incident and/or entry into the law enforcement facility, did the decedent display or use a weapon? Decedent display/use of Yes, mark all that weapons: apply Decedent Display or Use Displayed other Weapon Details: weapon, specify: Specify Weapon Displayed: An axe Custodial Death Report :: Page 5 of 7 --- PAGE BREAK --- At any time during the incident and/or entry into the law enforcement facility, did the decedent: Attempt to Injure Others?: Unknown At any time during the incident and/or entry into the law enforcement facility, did the decedent: Appear intoxicated (alcohol or Unknown Make suicidal statements?: Unknown drugs): Exhibit any mental health Yes Exhibit any medical problems?: No problems?: At any time during the incident and/or entry into the law enforcement facility, did the decedent: Barricade self or initiate Resist being handcuffed or No Yes standoff?: arrested?: Physically attempt/assault Gain possession of officer's Yes No officer(s): weapon: Verbally threaten other(s) Escape or attempt to Yes Yes including law: escape/flee custody: Attempt gain possession No officer's weapon: Was the deceased under restraint in the time leading up to the death or the events causing the death? Under Restraint: No Summary of Incident Summary of How the Death Occurred: (max. 30,000 characters) Summary: On Friday, November 25, 2022, McKinney 911 dispatch received a report of an adult male walking around the apartment complex at 3191 Medical Center Dr, armed with an axe. The caller, Nita WELLOT advised her son, Austin WELLOT, was consuming alcohol and came at her with the axe and said, “someone is going to die today”. Officers attempted to contact WELLOT as he was exiting the apartment complex on foot, however, he was uncooperative and continued walking away, eventually running into a field to elude officers. After a short pursuit, WELLOT lost his balance, falling to the ground. Officers approached WELLOT while giving him verbal commands. WELLOTT made a quick motion towards his waist, as though he was retrieving a weapon, then quickly extended his arm towards officers, causing them to fear an imminent threat of serious bodily injury or Custodial Death Report :: Page 6 of 7 --- PAGE BREAK --- death. Officers discharged a patrol rifle, striking WELLOTT. WELLOTT was transported to Medical Center of McKinney hospital, where he succumbed to his injuries. An autopsy was performed on WELLOT by the Collin County Medical Examiners' office. The case was presented to the Collin County Grand Jury by Texas Ranger Thomas FItzpatrick and the Grand Jury no billed the officer for the shooting. This has been ruled a justifiable homicide. Custodial Death Report :: Page 7 of 7