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

[scarlettbones]

It's been reported by several sources that they did not know each other.

I'm a little concerned about these witnesses.

If they didn't know one another, it seems odd she was acting in a familiar way?? Maybe she was drunk/exhausted, idk....jmo. (no excuse just trying to rationalize this)

I'm really interested to see the new video evidence is.

 

[Via Marple]

interior photos

Thanks for the photo. I wonder if his bedroom door is to the left of the picture of the horse. (Not that this is his apt, but if the layout is the same)
I can see him stepping out of the bedroom to see why there was a noise at the door. She opens the door to the apt and sees him standing there and shoots. I doubt her story that she said "Let me see you hands" but even if she did, how would she see his hands in the dark apt when she said she only saw a silhouette in the apt?

I would guess there should be a window in this living room, and probably on the side behind the photographer.

So if there was ample street light outside that window, it might be possible to see a silhouette in front of it.

Also how could you stand in that doorway, even if dark, and not see that it’s not your apartment?

Exactly, if a person's silhouette was visible, so should silhouettes of furniture, indoor lights, decorations etc.

The affidavit seems to paint a picture of the victim as if he was setting a trap for her in the dark. Unbelievable. Then there was suggestion that he might be waiting for someone to arrive. That's why LE has taken his iPhone for examination. Looks like they are working very hard to find those mitigating factors, and they are not defence attorneys!

 

[Jax49]

Looks like they are working very hard to find those mitigating factors, and they are not defence attorneys!

Snipped for focus

They're working hard but I don't think the public is buying what they're selling. At least I hope not. moo

 

[Jennifer17]

Snipped for focus


They're working hard but I don't think the public is buying what they're selling. At least I hope not. moo

It is such a shame that they cannot find a criminal record for him to further their agenda, isn't it?

 

[Jax49]

It is such a shame that they cannot find a criminal record for him to further their agenda, isn't it?

Yep. We remember the attempts to use anything.

Victims bashed for using marijuana. Or, they didn't obey quickly enough. Or, they shouldn't have been where they were - "stay home and you won't have a problem". Blah, blah, blah.

moo

 

[ilovewings]

I live in Australia, this is being widely reported here. I think it has something to do with the dual citizen Justine Diamond was killed by a US LE.

I thought about Justine when i heard about this case.

 

[ilovewings]

I am so troubled by this case- her story simply put, does not make sense: she has different versions ( pre and post attorney), trying to blame the victim for not following her "verbal commands": what a crock: the whole thing is hideous and a wonderful person is dead- a senseless horrible death and you know if this case goes to trial somehow some way the defense attorney will try and blame the victim. I hope the witnesse are credible because if they are, her story is a total crock. I will be following this closely. my heart breaks for his family.

 

[Jennifer17]

Yep. We remember the attempts to use anything.

Victims bashed for using marijuana. Or, they didn't obey quickly enough. Or, they shouldn't have been where they were - "stay home and you won't have a problem". Blah, blah, blah.

moo

He obviously slept in his underwear as many single men do and she woke him. Who gets out of bed is able to follow verbal commands of someone unexpectedly appearing in their own home?

 

[SuzDuJour]

I’ll be interested in the autopsy to see if there is girls on his torso. Cuz there should be if he opened the door and was shot at close range. If she shot him across the room, the lack of it would back up her story to some degree. I’m still having trouble getting past the red doormat.

 

[Jennifer17]

I’ll be interested in the autopsy to see if there is girls on his torso. Cuz there should be if he opened the door and was shot at close range. If she shot him across the room, the lack of it would back up her story to some degree. I’m still having trouble getting past the red doormat.

Girls on his torso?

 

[Jax49]

He obviously slept in his underwear as many single men do and she woke him. Who gets out of bed is able to follow verbal commands of someone unexpectedly appearing in their own home?

Exactly. Probably startled out of sleep or on the verge of it.

I'd like to add I am not anti-LE. But, I have strong opinions about when they screw up. When that happens they must be held accountable. moo

 

[Gigglingtoes]

...Officer Amber Guyger, say, "Let me in; let me in."

Merritt said that would mean the door was closed at the time Guyger approached the apartment.

And according to family members, the attorney said, Jean was a "meticulous individual, and a person about his routine."

"That means that when he comes into a room, he makes it a point to close the door behind him," Merritt said. "He hangs his keys on the hook. He put everything in a particular place."

Attorneys for Botham Jean: Arrest warrant trying to 'condone' shooting, Guyger's actions

I don’t think he left his door “ajar” at 10pm at night while all his lights were off in his house. Doesn’t sounds correct.

 

[SuzDuJour]

Auto correct lol, I meant gpr, gunpowder residue

 

[jjenny]

"If a jury believes that Guyger reasonably thought she was in her own apartment when she shot Jean, she's covered by Texas' castle law, which allows Texas residents to shoot intruders in their homes on sight, without criminal repercussions."
Fate of Officer Who Killed Botham Jean Will Come Down to Two Juries

 

[jjenny]

I also find it hard to believe, though I want to believe it. There should definitely be blood evidence if it's true. The uniform SHOULD be in evidence, it would have been easy enough to have her change since her apartment was right upstairs. I don't know if it is in evidence or not, however.

They were treating it initially as officer related shooting. She was allowed to leave and they probably didn't collect her uniform.

 

[Jax49]

"If a jury believes that Guyger reasonably thought she was in her own apartment when she shot Jean, she's covered by Texas' castle law, which allows Texas residents to shoot intruders in their homes on sight, without criminal repercussions."
Fate of Officer Who Killed Botham Jean Will Come Down to Two Juries

Thanks for posting. Very interesting and informative. bbm

Dallas defense attorney Pete Schulte, a former DeSoto cop and Dallas County prosecutor, believes the grand jury will return a murder indictment.

"Here's the deal. The arrest warrant that [the Rangers] got yesterday, clearly, was not for manslaughter. That affidavit was a murder affidavit. That affidavit was for a murder warrant, not manslaughter, but it was to appease the public, I think, and it really means nothing, except that Officer Guyger now has bond conditions that she has to live up to," Schulte said. "This whole case is going to come down to the grand jury, and the grand jury's not stuck on sitting on manslaughter. ... I expect that they'll do murder. The grand jury doesn't have to consider defenses."

 

[kaen]

If she called this in as an officer involved shooting, this is the expectation of how the investigation goes (according to the Dallas PD):

"Sometimes these contacts place officers in dangerous situations. Officers have an occupational responsibility to enter into circumstances which clearly could place them in danger while they are serving the community. All the while, officers have an affirmative obligation to use lethal force as a last resort and are specifically trained to use reasonable alternatives as time and opportunities permit. Yet there are incidents in which the use of lethal force cannot be avoided.

When an officer becomes involved in an incident in which another person is seriously injured or killed, or where a death or serious injury occurs to a person in police custody, two different investigations begin immediately. Responding supervisors take detailed actions to preserve the crime scene and isolate involved personnel. Notifications are made for specialized resources to respond. Internal communications are made to affected police commanders and the Chief of Police. Involved personnel are removed from field duty pending a thorough and unbiased review of their actions.

A criminal investigation is conducted by the Special Investigations Unit (SIU). SIU is comprised of experienced homicide detectives and seasoned leadership. These detectives interview all witnesses and direct an exhaustive collection of evidence. Specially trained Crime Scene physical evidence detectives assist SIU. Initial findings are shared with the FBI Civil Rights Unit within the first 24 hours. The completed investigation is referred to the Dallas County District Attorney's Office for independent review." datahttp://www.dallaspolice.net/ois/ois

 

[kaen]

She called in an officer involved shooting. Now, the 911 call needs to be released. It is important to know how she called it in and what words were said, definitively, rather than continue with the speculation.

How could she have been interviewed and let go? By her own account, it was not her apartment. Even if he did not follow her verbal commands she shot blindly into a darkened apartment. As an officer involved shooting there should have been multiple interviews (supervising officers and special resources), according to DPD policy.

Now, we need the crime scene evidence to be released. Where (physically in the apartment) was he shot? Were specially trained crime scene investigators sent to the scene? How many people did the detectives interview?

Let's get the DPD investigation steps into the sunlight. If the DPD was in the field was covering for her, who was it? She called someone on the phone after the shooting, who was it and what was said? (I remember vaguely about a comment from a witness about a call.)

This case seems to be marching down to "a castle" defense and let's move this out of Dallas. I hope the people of Dallas get the opportunity to have the trial there.

 

[jjenny]

I don't think she was actually interviewed by DPD. The search warrant that DPD got does indicate the first version of the story we heard (victim confronted her at the door), but I am not sure where exactly DPD got it from.

 

[Jax49]

I don't think she was actually interviewed by DPD. The search warrant that DPD got does indicate the first version of the story we heard (victim opened the door), but I am not sure where exactly DPD got it from.

From the DallasObserver article. bbm

Police showed up at Jean's apartment about four minutes after Guyger called 911, according to Dallas Police Chief U. Renee Hall. They asked Guyger a couple of questions, drew her blood for alcohol and drug testing and let her leave, following procedures typically used when police shoot someone while on duty. Paramedics took Jean to Baylor University Medical Center, where he died.