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

[Medstudies]

In Tx they most likely wouldn't take a civilian in jail if that civilian shot an intruder in their home. Again, castle doctrine. Basically, it's legal to shoot an intruder in your home in TX because of stand your ground/castle doctrine. So AG is likely going to claim she was mistaken and believed it to be her home, in which case shooting an intruder is legal, and I am not so sure that it won't work.

(Highlights my emphasis)

No argument, just sickened by the thought.

Everything that follows is just MOO, feel free to roll on past:

This could almost fly EXCEPT: she had to put down her items because she was struggling to unlock the door, she missed the obvious red door mat, and——->Oh yea, HE opened HIS door to HIS HOME. Her excuse? Inexcusable

A mistake is one event. (As in “I spilled the drink” “I tripped”) She wrongfully took multiple steps that evening. She missed them all. This was not an “accident” or “incident” it was a wrongful killing.

I’m sure she is regretting this, I’m sure she’s sorry. Actions matter. Not words. She cannot unring the bell. She cannot unkill him. She cannot make his family whole. But she can take a plea.

The minute she goes down the “excuse road” is the minute I will trust that she is only “sorry...for herself”

 

[Medstudies]

The Castle Doctrine: Understanding Self-Defense in Texas

Texas law provides for a justifiable defense at trial when using deadly force if the person claiming self defense:

1. Reasonably believed the deadly force was immediately necessary;
2. Had a legal right to be on the property;
3. Did not provoke the person against whom deadly force was used; and
4. Was not engaged in criminal activity at the time the deadly force was used.

***
Lots more at the link.

Thank you!

 

[Gardenista]

(Highlights my emphasis)

No argument, just sickened by the thought.

Everything that follows is just MOO, feel free to roll on past:

This could almost fly EXCEPT: she had to put down her items because she was struggling to unlock the door, she missed the obvious red door mat, and——->Oh yea, HE opened HIS door to HIS HOME. Her excuse? Inexcusable

A mistake is one event. (As in “I spilled the drink” “I tripped”) She wrongfully took multiple steps that evening. She missed them all. This was not an “accident” or “incident” it was a wrongful killing.

I’m sure she is regretting this, I’m sure she’s sorry. Actions matter. Not words. She cannot unring the bell. She cannot unkill him. She cannot make his family whole. But she can take a plea.

The minute she goes down the “excuse road” is the minute I will trust that she is only “sorry...for herself”

I think you missed a few posts. That's not what happened.

 

[Gigglingtoes]

You don't know what her story was to claim that it changed. Who is the source of the story that he opened the door in his underwear? It might not be her. Lots of stories floating around.
As for him walking in his apartment, it was his apartment, he was likely getting ready to go to bed. So he could have turned the light off.

The media spoke with police and wrote her account before it was changed. Go look at Steve Eagers reports.

 

[Gigglingtoes]

If I was a police officer and armed, I suppose seeing the door open would be a reason to unholster my weapon. I guess my next thing might be to stand at the side of the door, unseen, and listen to see if anyone's still in there, and if I hear noises then call 911 for backup?

I can buy parking on the wrong floor and walking to the wrong apartment if there's entry from the parking straight into the apartments.

I'm finding it hard to buy that even if the apartment was not fully lit from inside that the light from the hallway didn't shine enough into the apartment, once the door was pushed open, to show that it was the wrong apartment. And even if AG hadn't noticed that the doormats outside the other apartment doors were in different places from on her floor (due to being tired and only living there for a month) I would have thought the red doormat outside Mr Jean's house would stand out and make her check the door number...and if the door is ajar then peek in and make sure it really is her apartment. The first thing I do when I walk in in the dark is turn the light on, but my flat is obviously mine even with the inside light off and only the hall light shining through the doorway. But if I walked in and closed the door I wouldn't be able to see well enough to hang up my coat and bag, so I always turn the light on when I go in at night.

Then you should as a police officer, recognize you are not on duty and not just grab your gun. Perhaps I don’t know. Turn on a Light. . Just an idea.

 

[Gigglingtoes]

So, someone is lying. NBC, the police officer, or the defendant.

Who would gain most by lying?

 

[Gigglingtoes]

Here’s some interesting info regarding her blood test info from a good Dallas reporter

“
I believe the blood draw is complicated. I believe, by union agreement that is a compelled employment type test for an on the job act. Results can’t be used in criminal case. But then it ended up being off the job. If she consented it can be used.”

Steve Eagar on Twitter

 

[Gigglingtoes]

Whoever asked about seeing “guests” viewing the thread, it displays at the bottom of this page for me.

 

[Jax49]

Whoever asked about seeing “guests” viewing the thread, it displays at the bottom of this page for me.

Weird. I don't see that. All I have is total for the site.

Total: 685 (members: 157, guests: 407, robots: 121)

 

[Gigglingtoes]

“On the night of the shooting, Guyger's apartment key was found in Jean's door, suggesting that she had tried to open it, Merritt said. Seeing a black man inside an apartment she thought was hers influenced her actions, Merritt concluded.”

https://www.google.com/amp/s/www.wa...cer-accused-killing-man-his-home-lawyer-says/

 

[fannneee]

MOO but Guyger should be charged with property break in

Thank you, all this talk about the legality of the killer shooting him in re home invasion laws when the fact is it was the killer that invaded his home. I hope I haven't repeated, I haven't read to the end yet. I hope it does not ring true that what the killer thought takes precident over facts.

 

[drama_farmer]

Regarding the building's door entry system.... Hotels that use a similar keycard system can access data about door "events." That record should make it possible to see if an attempt to open the door with the "wrong key" was made. IMO IME

 

[Gigglingtoes]

Regarding the building's door entry system.... Hotels that use a similar keycard system can access data about door "events." That record should make it possible to see if an attempt to open the door with the "wrong key" was made. IMO IME

Yes but funny how last night it was changed to “being ajar” right.

 

[Gigglingtoes]

Here’s another question...if we are so lucky enough to have anyone from that apartment complex be on Websleuths..

Does the complex have cameras?

 

[Jax49]

Here’s another question...if we are so lucky enough to have anyone from that apartment complex be on Websleuths..

Does the complex have cameras?

Good question.
I'd like to know about the parking situation.
Did she park on the wrong floor or take the elevator and get off on the wrong floor? I've read both stories. moo

 

[Gardenista]

Regarding the building's door entry system.... Hotels that use a similar keycard system can access data about door "events." That record should make it possible to see if an attempt to open the door with the "wrong key" was made. IMO IME

It looks like.a regular keyed lock to me.

 

[Medstudies]

I think you missed a few posts. That's not what happened.

What did I miss? What is the thing that didn’t happen?

I read here (on this thread that she put things down and the mat.

For instance...
Snip

Again though, since she set things down you would think she would have noticed the mat at that point. Just so many times she should have noticed and stopped to think... yet never did.

There were comments on this thread that he opened the door.

 

[Cryptic]

It's better but in TX she didn't have to retreat or ask. If she were in her apartment she wouldn't have been arrested because of "castle doctrine."

Even with the castle Doctrine, I think that the home owner must be able to articulate a reasonable fear. The Castle doctrine could well give the occupant a presumption of fear and thus a large “check". The check, however, is not a “blank check”

This shooting illustrates the point. The home owner arguably executed the victim without being able to articulate a reasonable fear, even with the presumption. He then got criminal charged:Washington man faces possible murder charge for shooting showering intruder

Thus, had the woman had the right apartment, ordered a suspected intruder to come and open the door- then shot him when he complied, she could still be in trouble unless she could articulate a fear when she shot him.

Though Texas laws and legal practice take a dim view of burglars and gives home owners large checks, such an action by a trained individual could be seen to be pushing the limit of self-defense and still result in charges.

Gosh, I hope this is not a case of: "I have an intruder cornered in my apartment. I know Texas give me a large "check" in this type of situation. So... I am going to order him to come out- and then I am going to execute him... ."

 

[Gardenista]

Good question.
I'd like to know about the parking situation.
Did she park on the wrong floor or take the elevator and get off on the wrong floor? I've read both stories. moo

From what I understand, she parked on the fourth floor instead of the third and then walked down one flight as she usually does so ended up on the third instead of the second floor.

 

[Jax49]

From what I understand, she parked on the fourth floor instead of the third and then walked down one flight as she usually does so ended up on the third instead of the second floor.

I was pretty sure he lived on the 4th floor so went searching. I can't vouch for the accuracy but...

Officer Amber Guyger had just ended a 15-hour shift when she parked on the wrong level of the South Side Flats garage— the fourth floor instead of the third, where she lived, according to the official who has direct knowledge of the case but is not authorized to discuss it publicly.

bbm

Botham Jean's door was unlocked, lights were off when Officer Amber Guyger mistook his apartment for hers, official says | Dallas Police | Dallas News