TX - Botham Shem Jean, 26, killed when police officer entered his apartment, Dallas, Sept 2018 #3

[rosesfromangels]

Today is International Peace Day. I'm dedicating my thoughts this day to Botham Shem Jean, in the hopes that the people of Dallas (and beyond), will use this horrific tragedy as a catalyst to come together in positive action and greater understanding. Without change in expectation of attitude and actions, we will continue to grieve the lives of some of our most promising citizens. So this is for you Botham.

"If we have no peace, it is because we have forgotten that we belong to each other."- Mother Teresa

 

[DisturbedConcerned]

"U.S. District Judge David Godbey issued a temporary ruling that enjoins <sic... prevents> Dallas County from using a predetermined bail schedule without considering an arrestee’s ability to pay."

Judges are real good at determining if you have 5 cents, you can pay $1000 bucks no problem, or your family can. That is wrong.

"Judge Godbey’s order now requires Dallas County to require arrestees to fill out forms providing their financial status in order to allow the court an opportunity to assess their ability to pay. It also sets a 48-hour time limit <Texas law states 24 hours for many charges> for an individual hearing if someone is being detained and says they cannot pay."

This is wrong, your bail amount should be set based only on if you are high risk for not appearing and have means to make flight. Poor people can't easily skip town or the country.

SCOTUS has held any bail amount set without making specfic determination of the accused posing flight risk, is excessive. The ability to pay is a new argument and basis for ceasing bail as far as I know. Violating the state law which says bail is set promptly or released within 24 hours with no money however, is a cause several US courts have already said are actionable. They have also held any violation of state law assured rights to liberty are actionable.

Several have held the bail menu (predetermined bail schedule) is ok (I disagree) although not determing if they pose flight risk or are being held contrary to another state law, is not.

The bailbondsmen's lobby and others who benefit from those arrested having access to less money or ability to assist/defend themselves, fight any such positions tooth and nail.

An arrest should not result in an automatic and assured 48 hour incarceration anywhere in the USA. We are entitled to speedy due process including to make bail.

Federal Judge Orders Dallas County To Cease Its Cash Bail System - D Magazine

 

[rosesfromangels]

ITA
How is it that AG, who was working so much OT, be permitted or be mentally fit to moonlight as security? This seems reckless - (at best. ) Truckers aren’t “trained” to use their vehicles as deadly weapons, but she was.

Respectfully snipped for focus.
This is a good call out. I *assume* (don't know) that either she was working on her days off, or "on call" when she was at home?

 

[DisturbedConcerned]

Respectfully, a reasonable homicide investigation would find no judge opposed to searching her, her car or apartment and zero problem taking her electronic devices (any communication with anyone providing motive or hostility against the decedent, social media etc) and anything else that may serve to verify or refute her outrageous story(s).

Her taking of another's life under the circumstances she did stripped her of any expectation that everything AG was off limits and to be protected. That is an unreasonable expectation to her 4th amendment rights to potentially conceal a hidden motive.

Any investigator would be reasonable to hunt for any such motive leaving no stone unturned.

Her search warrant would have been as easy to write as those for her door knob and other things were a few days after. The judge signed them without any stated reason for the request given.

KEEP IN MIND AT LEAST TWO ITEMS NAMED AS SEIZED FROM BSJ's apartment belonged to AG, if not others undisclosed.

https://assets.documentcloud.org/documents/4878230/Affidavit-to-search-Botham-Jean-s-apartment.pdf

We do not know if DPD found reason to think MJ would be found by discovering traces in AG's car, person or apartment, or other information.

However, it was reported early on by many that she consented to search. In that case, there would not be any public record search warrant.

Further, the only OFFICIAL DOCUMENTS released have been:
1) Search Warrant by DPD for BSJ's
2) Arrest Warrant by Rangers for AG
3) 4 or 5 additional search warrants sworn by DPD some days after her arrest.

Have you seen all of those documents?

Do you know of other official documents that have been produced?

See post 928 for others, It would be nice to have one post with all officially produced and available documents in one place without any distractions or irrelevant information.

AG's apartment was not a crime scene. I have read of NO MSM reports that she went to her apartment after the shooting and before LE arrived at the crime scene, Apartment 1478.

Moving out was likely at the apartment management request, to protect the safety of other residents (from AG and haters who are going to hate and act stupid). Also, a wise move on AG's part, to insure her own safety, and that of her dog.

If you were a sworn LEO, what would you put on the warrant application to search AG's apartment? Aside from "I would like permission to pyroot though the suspect's belongings to see if I might be able to find something that links her to an involved (off duty) officer shooting she has already admitted to doing, or that might implicate her as being guilty in some other way, or of something else."?

The 4th Amendment protects all Americans from illegal ("unreasonable") search and seizure of their "persons, houses, papers, or effects", and mandates that a warrant to do so shall not be issued without "probable cause". Said warrant must list the "place to be searched....or the things to be seized".

As a Sworn LEO, what would be your "probable cause" supported by your "Oath or affirmation"?

These are the rules that LE MUST play by. They can not, must not make it up as they go or because their "gut" or emotions tell them to. No matter how vile that may seem.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment IV

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

 

[SoCalDavidS]

IF they want to play that game they can.. but he wouldn't have been eager to get back to the game because it didn't start until around 8:55 pm due to lightning. They played in Philly, so it would be 9:55pm or 10:05 - which sadly is right around the time that officer trigger finger came up there give or take 5 mins .. was he maybe excited about the game starting and started jumping up and down .. or maybe he lit up his blunt "if it's his" at the beginning of game time? She smells it and approaches his apartment?

There is nothing more terrifying than arriving home to find a stranger in your house watching football and smoking some weed. I now can understand how she may have feared for her life.

 

[imstilla.grandma]

[
Newly released court records show three additional search warrants have been served in the investigation into the death of Botham Jean, the Dallas man shot and killed in his own apartment by Dallas police officer Amber Guyger.

Guyger has told investigators she mistakenly believed the apartment was her own and that Jean was a burglar.

The new warrants show investigators with the Dallas County District attorney’s office have been seeking additional video footage from surveillance cameras on buildings near the South Side Flats apartments where Jean and Guyger both lived.

Two of the warrants request doorbell video from two addresses on Arch Place. The warrants were served on “Ring,” a California-based company that provides doorbell security cameras systems.
Dallas County DA and Challenger Field Questions About Jean

In a third warrant, investigators are seeking security camera video from ADT Security Services, for additional camera footage from an address on Arch Place.

Video of the surrounding area may be crucial evidence for investigators as they try to re-trace Guyger’s steps in the minutes leading up to the shooting.
/QUOTE]
New Search Warrants in Amber Guyger, Botham Jean Case

New Search Warrants in Amber Guyger, Botham Jean Case

 

[VAgirlatheart]

There is nothing more terrifying than arriving home to find a stranger in your house watching football and smoking some weed. I now can understand how she may have feared for her life.

I'm hoping that was a sarcastic comment and you wasn't serious.

 

[Al Hoffman]

A resident shoots and injures two officers who burst into his apartment by mistake at 10 pm Wednesday. Interesting to compare and contrast the situation and department's response.

10 pm seems to be the witching hour for LE location errors.


2 Prince George’s Co. officers shot after warrant served at wrong home: police chief
2 Prince George’s Co. officers shot after warrant served at wrong home: police chief | WTOP

The same thing happened in Southaven Mississippi in July of 2017. That homeowner was shot and killed by involved LE.

The Southaven police, who had a warrant, mistakenly went to the trailer where the 41 year old Latino man lived with his family. (The warrant was for the address across the street).

LE claims that the homeowner's pit bull charged at them, and that the homeowner pointed a rifle at them, but he was not reported to have fired the weapon. Police shot and wounded the dog, and fatally shot the homeowner (or renter) when he reportedly failed to lower his rifle at their command.

This all supposedly happened after the homeowner answered the door. The rifle was later found to be leaning against the living room couch, there are bullet holes through the front door, and it was over a year before the autopsy report was released. The autopsy report revealed that Ismael Lopez had been shot once in the BACK of his head, the bullet lodging in his brain.

(Fox 13 Memphis - Police were at the wrong house during deadly shooting - 28 July 2017)

(WREG - State Medical Examiner ruled Lopez's death a homicide after he was shot once in the head - 11 September 2018)

 

[VAgirlatheart]

I

Respectfully snipped for focus.
This is a good call out. I *assume* (don't know) that either she was working on her days off, or "on call" when she was at home?

Im going to assume that's it was an on call basis like ours is set up

 

[DisturbedConcerned]

New Search Warrants in Amber Guyger, Botham Jean Case

Issued September 14, 2014, Target: Amber Guyger Sworn by State of Texas (DAG or State AG presumed)

Here are other sworn earlier by State of Texas? September 11, 2018

https://www.websleuths.com/forums/attachments/img_20180914_200938-jpg.147202/

https://www.websleuths.com/forums/attachments/img_20180914_200840-jpg.147204/

https://www.websleuths.com/forums/attachments/img_20180914_200912-jpg.147203/

https://www.websleuths.com/forums/attachments/img_20180914_200826-jpg.147205/

I believe a 5th was also issued on this same Sept 11, 2018 that spoke to elevator records maybe? I thought I saw it but don't know if or where I saved it.

These were initially assumed to have been issued by DPD but, do not appear to be. I find all these warrants sloppy for failing to ID the affiant by their printed name and position/agency.

It LOOKS like the are investigating a murder charge. It doesn't appear they've gone after her social media which may mean they got it already during an alleged consentual search. I see nothing for personal (tv, internet unless they used wifi, phone etc) digital service providers for either or their electric meter data. Do you?

 

[raven9860]

New search warrants issued on areas OTHER than Southside Flats.

New Search Warrants in Amber Guyger, Botham Jean Case

 

[VAgirlatheart]

I read she gave consent and her apartment was searched. It did not clearly state by whom or what entity. The timing lead one to believe the rangers did it although DPD's Detective's sworn affidavit the next morning driving the search warrant for Mr. Jean's (RIP) apartment offers strong presumption she or one of her subordinates got the alleged consent and searched that evening.

I am hoping DPD's Detective Arrendondo will prove to be the real hero in this one and that the allegations that division amongst DPD's admin over issuing a manslaughter v murder warrant resulting in it being foisted off on the Rangers, are true.

They do not have to release record of what they may or may not have seized and I am not sure the right request has been made to the right custodian that would driven a denial which acknowledges relevant protected records exist.

The whole entire thing and media handling appears to me to be a gigantic stupid show of huge proportions.

For all any of us know, the small zip bags of weed had her prints on them and she admitted to them is why the search warrant for his place the next morning specified drugs.

I WITH YO

I'm not quite sure what exactly you are trying to say or what rule this less than direct response may be tip-toeing around. It's hard to read.

I guess I'm trying to say that we can't post facebook rumors on here

 

[DisturbedConcerned]

New search warrants issued on areas OTHER than Southside Flats.

New Search Warrants in Amber Guyger, Botham Jean Case

Check that address 1334 Arch Place, Dallas, TX 752115-1907 with Google Earth then regular internet search. It appears to be apartments across the street but the street name is wrong. Or maybe that is where the custodian of South Side Flat's security data and such is?

 

[DisturbedConcerned]

I WITH YO


I guess I'm trying to say that we can't post facebook rumors on here

Now that was simple and effective. Sounded like some video and other good stuff.

 

[Jax49]

Check that address 1334 Arch Place, Dallas, TX 752115-1907 with Google Earth then regular internet search. It appears to be apartments across the street but the street name is wrong. Or maybe that is where the custodian of South Side Flat's security data and such is?

From the NBC article. BBM

A resident at one of the homes targeted in the search warrants told NBC 5 that investigators were looking for video showing Guyger and Jean’s apartments. The resident said the view from his camera is obstructed. Video of the area may be crucial evidence for investigators as they try to re-trace Guyger’s steps in the minutes leading up to the shooting.

Very confusing...

 

[VAgirlatheart]

The original post was a MSM article about the apartment management visiting BSJ's apartment to ask about the marijuana smell (to ask if he could smell it). The article stated that BSJ was watching football, and no time was given for the visit.

In response to this, I posited that perhaps the red doormat could have bunched up or slid, and jammed the door open at that time; this unknown to BSJ. I implied that in his haste to get back to the TV, BSJ might just let the door swing shut, not noticing that it was slightly ajar or gapped open as he walked away.

Even if this happened 3 - 4 hours before the game started, BSJ could still have been watching "football". He was characterized by friends as being a big football fan. With Cable or Satellite TV Sports Programing, a fan can watch "football" all evening long, with featured pre-game discussion and highlights shows. Especially if the first game of the season, discussing last year, new players and a new season with new hope. All of this matters to a true fan. And you know how guys are about TV, some of us will watch Curling if nothing else is on, and run for a beer or a bowl of cereal at commercial breaks, afraid that we'll miss the next throw!

So no media conspiracy here to support a false narrative, just a football FANatic following his team.

Also, for those of you who dismiss the coincidence of the door "just happening" to be "accidently" propped open by a displaced rug on the very same night that AG "happened" to stop by......Well, there is such a thing as cascade failure, wherein a succession of seemingly random and small events occur and lead to a catastrophic failure or event. The sort of chain of errors that cause plane crashes, electric grid failure, fires, surgical misadventures, patient deaths, auto crashes, and police shootings.

Remember the edge of your seat openings to the HBO series "Six Feet Under", or how the Gravelings assisted people into death, in a Rube Goldberg fashion, in the Showtime series "Dead Like Me"?

And before anyone starts whipping out Occam's Razor, please pause to remember that sometimes, seemingly improbable stuff just happens, via just as unlikely ways.

I'm going to disagree with you. The article states that he was on the phone and texting with his friends about to watch the football game. His lawyer specifically says, Philly vs Atlanta. Sure he can watch highlights and all that but that's not what his lawyer said. He specifically said "who was playing and who" therefor, i'm going to believe him lawyers word and not say its hear say because its not. It came from his mouth. If botham couldn't tell his story than who does? His cell phone, His Girlfriend, His friends. Mr. Merritt spoke about how he discussed with his girl friend about how upset he was that they came up their and accused him. I'm sure there is records to back that up. Futhermore, if the leasing office did go up to speak with him, they should know if the door was closed behind them - its not like they go door to door and honestly half the time, they don't even go to noise or smell of marijuana complaints but if they said they did then they did. Even if they didn't remember - I don't see how the rug would have caught in the door. Its a thin red rug. I don't see how it could have got stuck in the door and even it did get in the door, by looking at how thin that rug is, it would have to be bunched up. And even then, if its bunched up than that's another HUGE sign she missed. I believe that she is lying. I understand you are saying that we can't trust the news and you are right, we can't but I don't believe its them making these stories up and getting everyone confused. Just like us, we are confused our damn selves because from the get go - the police reports and records have been contradicting each other. So if we really blame anyone, we need to blame the law enforcement who work on the case and keep leaking information because its only hurting her. SO no, I absolutely don't believe it was an accident. From the get, rules were broken and you can't sit there and say it wasn't because it absolutely was. They did not follow protocol at all. Again, this is what I studied and no I do not have on the job experience but I did not have sleepless nights before exams for nothing. Personally, I feel like I have it figured out because the more information that leaks that are official the more my theory is looking like that's what happened. I have found 3 absolute things that strongly suggest that it is WAS NOT an accident. I won't speak on those right now but know that I know. The only reason I would not mention these things is because I am not going to risk somehow, getting in the wrong hands because I want to see her pay for this crime and if you think that officials watch these boards - then that's a lie. I think the family lawyer will find out the truth very soon, if they don't already know the truth, which I bet you he does and I bet you the DA does too.

 

[VAgirlatheart]

From the NBC article. BBM



Very confusing...

I don't doubt that her timing is off. I do believe it happened around the timing of when she returned home. However, I am very interested in the about these door locks and these witnesses. Witnesses may be hard to prove credibility, however, I believe they will give that link to what to look for and where to look for it.

 

[DisturbedConcerned]

DO NOTE that the only sworn affidavits I've seen to obtain search or arrest warrants are those for the first two which have conflicting accounts of

'she was met at the door by an unknown man and a neighbor heard an exchange of words followed immediately by gun shots'

to then,

'she found the door ajar and saw a silhouette in her apartment, gave verbal commands and then started shooting'

The other actual warrants do not appear to be with their sworn actual affidavits containing the facts sworn to establish cause. Obviously the judge signed off they had established cause.

Public record documents in the case file still are out there to be seen.

 

[DisturbedConcerned]

paragraphs and spacing and I'd try reading that..... old eyes and such

I'm going to disagree with you.

 

[VAgirlatheart]

Now that was simple and effective. Sounded like some video and other good stuff.

I was half way asleep last night when I posted that. LOL - and before anyone says anything. I had took some nyquil, so I was extra drowsy. But I made it to my apartment safely and not my neighbors lol