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EXCLUSIVE: Body cam video reveals officer told Kayla Fannon he would pick her killer up, hours before her death.

**DISCLAIMER: Sensitive audio and video in this story may not be suitable for children** On Valentine’s Day, Kayla Fannon was shot to death by her ex-boyfriend, who had beaten her in the past and lawyers for Fannon’s family believe Peoria Police could’ve done more to protect her. Fannon asked for her ex, David L. Jenkins, to be immediately arrested after sending her several texts; promising he’d kill her. Now for the first time ever, 25 News is showing you what actually happened, when officer Joseph Harris got to her house. Harris’s body camera video illustrates Kayla Fannon showing him texts sent from Jenkins, reading “B**** I swear to God you gone die.” among several other crude and dangerous threats to her life and that of Brittany Hearton, Fannon’s best friend. Hearton recalls the night it all happened. She was spending the night at Fannon’s house and was sleep in the living room when a door being kicked it, abruptly woke her up. “Dave! I said ‘what are you doing?!’ Are you forreal?! ‘He’s like ‘yal b*****s thought this was a game? …he put the gun all in my face.” Hearton recalled. It was Hearton who called the police after she ran out of her house to a neighbor’s house for help. In the 911 audio, Hearton is screaming and crying frantically begging the operator for help. The operator can be heard asking “but when you ran out the back door was he {Jenkins} still in the house?” Through paniced sentences, Hearton cried  “Yes, when I ran out the door he was shooting.” Moments later in a separate audio recording of the police’s call while on the scene, you can hear gun shots and officers yelling over radio “Shots fired! Shots fired! We’re gonna make entry!” But, rewinding seven hour before that, Kayla had explicitly told Officer Harris, she knew she would be killed if Jenkins wasn’t arrested. In the same body camera video from her call for help February 13th, Harris witnesses Jenkin’s repeatedly calling Fannon and even asking her if police were at her house. She explained to Ofc. Harris that Jenkins was on parole, for serving time in jail after beating her while she was pregnant with their child. The bombardment of calls and texts, led Fannon to fear for her life. Below is one of several exchanges with the officer where, again, Kayla begs him to pick Jenkins up. FANNON: “He needs to go back to prison.” HARRIS: “Mkay. Alright.” FANNON: “Please.” HARRIS: “That’s fine.” FANNON: “I don’t even feel safe” HARRIS: “Can you send those to my email?” Harris is referring to the pictures of death threats. In a police press conference the day after her death, Chief Loren Marion III explains the officer needed the pictures to add into his report which should be sent over to Jenkin’s parole officer, though Harris doesn’t make that clear to Kayla. However, there’s one specific part of the body camera footage, where the officer specifically says to Kayla, “I’ll go pick him up now.”, that led the family to believe Fannon was given a false sense of security and may have stayed in her home, believing Jenkin’s couldn’t hurt her. When asked if Ofc. Harris ever made his way over to Jenkins’ address, an officer in the PPD records dept. does state there is “no record of that.” Yet another reason, the family’s Lawyer, Patrick Halliday, says the information in the amended lawsuit is crucial. “We filed our complaint based upon the wrongful death and the police’s failure to provide Kayla a safe means out of the home to transport her to a shelter or a hospital until the threat could be remedied.” Halliday explained. Based on his body cam video, Halliday also says Harris didn’t follow the Illinois Domestic Violence Act, by failing to refer Fannon to local domestic violence resources. “All local police departments are supposed to have policies procedures and protocols that mirror those.” stated Halliday. According to PPD’s ‘General Orders” for responding to a domestic call, all officers must investigate all domestic incidents as ‘potentially high risk’ and use LEADS, or the “Law enforcement Automated Data System,” to pull up a person’s criminal record. In the same press conference held by PPD after Fannon’s murder, Chief Loren Marion explains Harris did do that. “The officer checked Mr. Jenkins’ on his in-car computer and he could not find information that he is not to have contact with Ms. Fannon.” Marion explained. What Officer Harris did find through LEADS, was an outdated order of protection from 2017. Chief Marion says, the officer reported that he told Fannon she needed to update that order and that he recommended she leave the house if she didn’t feel safe. However, there is no body camera video of him saying that. But, another major question remained – what about Jenkins’ parole violation?“It’s a case by case basis and officer judgement.” added Marion. The Chief says its left to an officer’s discretion to make an arrest for a parole violation; otherwise known as probable cause. The amended lawsuit suggests Officer Harris, had plenty of it. Halliday explained  that not only did IDOC papers of Jenkins’ parole release explicitly outline he was to have no contact with Kayla, but that notice was also sent to the City of Peoria when he was released from prison January 25th, 2019.  “There were a number of safeguards.” Halliday said openly. In the body camera footage from the morning police responded to 1211 W. John Gwynn Ave for the murder-suicide, Officer Harris says twice “I don’t know if I finished this report.” 25 News was unable to ask Peoria Police what the standard time is to finish a report; or if Harris’ potentially incomplete report meant he didn’t reach out to Jenkins’ parole officer. The ultimate question remains, if Harris had done those things, would it have impacted Kayla’s Fannon’s fate? If you or someone you know is in an abusive situation, you are urged to call an anonymous Crisis Hotline at 1-800-559-SAFE (7233). You do not have to wait for police or for another agency. Experts do encourage you to leave the environment, at your discretion, if it is safe to do so.  You do not need any documents to prove you are or have been abused.

Experts and trained therapists are available 24/7 to help walk victims and survivors of abuse through the process of getting protection. There are local shelters both at the Center For Prevention of Abuse‘s Peoria and Pekin locations. No one has to worry about clothing or food. Once you arrive, you are guaranteed assistance for up to 6 weeks, with some exceptions for additional time as needed. However in those weeks, the Center will work with families to help them get everything they need to transition into a healthy, safer environment. _________ PEORIA, Ill. (WEEK) — There is now new evidence in the wrongful death lawsuit against the Peoria Police Department for the Valentine’s Day murder-suicide of Kayla Fannon. For the first time ever, 25 News is sharing it with you. Lauren Melendez has been digging deeper into the lawsuit. She found papers from the Illinois Department of Corrections explicitly stating Fannon’s ex, David Jenkins, was not to have any contact with her after he got out of jail in January. In the past, Peoria police said they were only aware of an outdated order of protection. In newly-released footage from Officer Joseph Harris’ body camera from the night before Fannon was murdered, she called police asking for help and showed the officer several text messages where Jenkins threatened to kill her. Here’s an excerpt of the exchange between Harris and Fannon.

Kayla Fannon: “He’s threatened to cut the ankle bracelet off and come here and kill me.” Officer Harris: “What are you wanting me to do?” Fannon: “Well, I mean, he threatened to kill me with a gun. For one he’s a felon. He can’t have a weapon.” Officer Harris: “Right.” Fannon: “He threatened to kill me with his face in the picture.” Officer Harris: “Half of it [his face.]” Fannon: [reading text from Jenkins] “Y’all b****** dead.”

In his police report, Officer Harris acknowledges quote “David was calling nonstop while I was there with Kayla.” But it’s what he told her hours before she was killed….that may shock you. We’ll share that on 25 News at 5.

Lauren Melendez

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