TX - Former Dallas Police Officer Amber Guyger, indicted for Murder of Botham Shem Jean #4

[cybervampira]

Murder charges require intent.

Texas Penal Code 19.04 – Manslaughter:

(a) A person commits an offense if he recklessly causes the death of an individual.

(b) An offense under this section is a felony of the second degree.

Meanwhile, Texas Penal Code – 19.02 Murder:

(b) A person commits an offense if he:

(1) intentionally or knowingly causes the death of an individual;

(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or

(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.

(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.

In Texas law, the big distinction between murder and manslaughter is found in the defendant’s intent. To be charged with murder, officials must believe that the defendant “knowingly and willingly” caused the death. However, if the defendant caused a death while intending to commit a different felony, then a murder charge might also still be brought.

Aiming a gun at someone and pulling the trigger is not reckless. It‘s murder by law.

 

[Lillymac]

But there was no self-defense. It maybe was in her mind but the only person who could have acted in self-defense was the victim after Guyger unlawfully entered his apartment with her weapon drawn.

Do you have a link saying she entered the apartment with her gun Drawn?
I can't find one...

 

[cybervampira]

Do you have a link saying she entered the apartment with her gun Drawn?
I can't find one...

We can talk about semantics but the point is not if she pulled her gun before, while or after she walked in. The point is she was not acting in self-defense. She had no right to enter his apartment in the first place. If the victim had shot her after seeing her entering his apartment with a gun (or pulling a gun after entering), he would have acted in self-defense. Her thinking she was in her own apartment does not change the fact that she murdered him with intent.

Dallas officer who killed black man reportedly thought he was burglarizing her apartment

Guyger put her key in the unlocked door and it opened, the official said. The official said Guyger told investigators she entered the dark apartment, saw someone inside and thought it was a burglary. Guyger said she pulled her gun and fired twice, the officials said.

 

[Lillymac]

We can talk about semantics but the point is not if she pulled her gun before, while or after she walked in. The point is she was not acting in self-defense. She had no right to enter his apartment in the first place. If the victim had shot her after seeing her entering his apartment with a gun (or pulling a gun after entering), he would have acted in self-defense. Her thinking she was in her own apartment does not change the fact that she murdered him with intent.

Dallas officer who killed black man reportedly thought he was burglarizing her apartment

Thank you...just asked for a link. Appreciate it!

 

[SandyQLS]

I agree. I think they always know they have to show motive. I was just pointing out that it's not a legal requirement for a murder charge and conviction.

They do not need to show motive, but they do need the 3 elements of premeditation, deliberation and most importantly, malice aforethought, which is the Texas statute context of intent.

The prosecutor may have developed some evidence that is not revealed yet to the media and public.

 

[SandyQLS]

That is correct, its not a requirement. But in a case like this, from a practical stand point, it pretty much is going to be. If I am the defense attorney, I would be very happy if there is no additional lesser included charge of manslaughter.

! Give face to the public, throw the case by overcharging?

 

[mickey2942]

Maybe there is something to the complaints made about noise? Botham's apartment is directly above Ambet Guyger's apartment. There was speculation that she had complained about loud music from the apartment above.

 

[SeekingJana]

We, meaning the lawful citizens in N. Texas, believe there will be a fair and just trial IF an impartial jury is empaneled and we believe A.G. will most likely be convicted of Murder. Her story is a made up lie to cover her keister, falls so flat, and Botham Jean was an innocent man inside his own property.

Just as Texas is a " Stand Your Ground" state, we are as strongly opposed to a just person being murdered on what is " their ground".
He was unarmed. He did absolutely nothing to provoke this renegade attack.

I, and my friends, believe she will be found guilty. We've thought that from the start, and after I talked to a Texas State Policeman ( they work closely with the Texas Rangers out in the field but are not in the same division of LE), I am personally convinced that she is an example of police using excessive force and killing with no concern for human life or the right of another. It's my perception after the one on one conversation that she will be an example for all who follow as how never to intimidate or hurt innocent gentle people, regardless of gender, age, race, religion or any other factor.

Everyone tells me " He was a gentle man". It breaks my heart. We want a full measure of justice served here in Texas. That's all I know to say. We are united, and I believe a jury of her peers will be as well.

 

[mickey2942]

! Give face to the public, throw the case by overcharging?

Interesting perspective. And could be possible. After all, I am sure that the city was well aware of the potential possibilities of civil unrest if the findings were unacceptable to the family and public opinion.

I think whatever the scenario, Amber Guyger was a loose cannon. Anyone who is so quick to shoot, without seeing a gun, or provocation shouldn't have a gun. No, being tired is not an excuse, or being a police officer.

She walked into a stranger's home, and killed him. I don't care about her sob story.

What should the charge be for someone who does that?

 

[SandyQLS]

Interesting perspective. And could be possible. After all, I am sure that the city was well aware of the potential possibilities of civil unrest if the findings were unacceptable to the family and public opinion.

I think whatever the scenario, Amber Guyger was a loose cannon. Anyone who is so quick to shoot, without seeing a gun, or provocation shouldn't have a gun. No, being tired is not an excuse, or being a police officer.

She walked into a stranger's home, and killed him. I don't care about her sob story.

What should the charge be for someone who does that?

Potential for civil unrest but also the potential for huge civil lawsuit payouts against the PD and City. A failed criminal murder case undermines those bids.

All I know is what is published to the public, and I posted way back that I see at least criminally negligent homicide per the Texas laws, with a huge deferral from me to the Texas Rangers experts who charged her with the higher manslaughter charge meaning that they found her acts not merely negligent but factually reckless. It seems to me JMO, which is nothing, that they could get a conviction on manslaughter, but a murder charge will result in a hung jury.

 

[Via Marple]

Interesting perspective. And could be possible. After all, I am sure that the city was well aware of the potential possibilities of civil unrest if the findings were unacceptable to the family and public opinion.

I think whatever the scenario, Amber Guyger was a loose cannon. Anyone who is so quick to shoot, without seeing a gun, or provocation shouldn't have a gun. No, being tired is not an excuse, or being a police officer.

She walked into a stranger's home, and killed him. I don't care about her sob story.

What should the charge be for someone who does that?

Call that charge anything, but if the system works as it should, she should be locked up for a long time, until she is no longer able to pull on anything, including a gun trigger. Any lesser punishment is not just.
MOO

 

[SandyQLS]

She apparently turned herself in today Nov. 30, 2018 in Mesquite, new mugshot at link. Also partial comment from her attorney is quoted (he said more in other MSM).

Grand jury: Dallas officer's shooting of neighbor was murder

 

[mickey2942]

I wish that everyone (news media) would stop comparing this murder to situations with other police officer shootings. This was completely different!

1. Botham was in his home, watching tv.
2. A crazy woman entered his apartment, yelled at him (we only have her story she did this, nevertheless), and shot him.

It doesn't have any context or connections to other police officer shootings, except Guyger was wearing a uniform.

 

[iluvmua]

I do not think this is a murder case.

It is manslaughter at best.

Jmo.

 

[rosesfromangels]

They do not need to show motive, but they do need the 3 elements of premeditation, deliberation and most importantly, malice aforethought, which is the Texas statute context of intent.

The prosecutor may have developed some evidence that is not revealed yet to the media and public.

Great post. The charge of murder would not have been brought forth without material evidence. I knew the good people of Texas would step up. This is going to be an extremely painful holiday season for Botham's family. Let's pray that not only justice is served, but that a thorough study of hiring practices as well as ongoing duty fitness will result in change. It seems highly questionable as to whether this former officer was fit for duty after her first incident.

Amateur opinion and speculation

 

[rosesfromangels]

I do not think this is a murder case.

It is manslaughter at best.

Jmo.

Here's why I think the new charge of murder is the right one.
It is my *speculation* and amateur opinion that she had some beef with this fellow; noise or pot smell etc. I think the trial will show that she exhibited signs of instability long before this incident, and that instability might have been amplified by usage of chemicals. I don't believe she was ever tested for *steroids* but she should be. Even if she stopped taking them, a strand test would reveal that usage.

Bottom line, I think she had a beef with this guy and went to his apartment to settle a score and lost her temper.

This is all amateur opinion and speculation.

 

[Falcon500]

Great post. The charge of murder would not have been brought forth without material evidence. I knew the good people of Texas would step up. This is going to be an extremely painful holiday season for Botham's family. Let's pray that not only justice is served, but that a thorough study of hiring practices as well as ongoing duty fitness will result in change. It seems highly questionable as to whether this former officer was fit for duty after her first incident.

Amateur opinion and speculation

What was the “first incident”?

 

[Jax49]

What was the “first incident”?

16 months ago, Amber Guyger shot a drug offender who took an officer’s weapon

Sixteen months before Guyger claims she went to the wrong apartment and mistook Jean for a burglar, she fired her weapon during a physical altercation with a drug offender.

On May 12, 2017, undercover officers tipped off police that a wanted woman may have been at a home in the 8300 block of Reva Street in eastern Dallas, according to a police bulletin. Officers believed the woman was in the passenger seat of a car at the home, along with two other people.

Despite officers’ “repeated” demands to stay in the car, a man in the back seat got out of the car and “engaged in a physical confrontation” with officers, according to the bulletin. When he took one of the officer’s Taser, Guyger pulled out her gun and shot the suspect, who was later identified as then-46-year-old Uvaldo Perez.

bbm

 

[jjenny]

I don't think there is any evidence that she had any beef with him. I believe her story, I believe she went into the wrong apartment by mistake and then shot him because she wrongly thought he was in her apartment.
The problem here is, if he actually was in her apartment, she is allowed to shoot without having to retreat due to stand your ground law. So this becomes very tricky due to TX laws.
If she believes she is defending herself, then there is no malicious intent, is there?
I think there should be laws covering so-called "accidental" shootings but as of now I don't think TX has them.
But I think murder charge is a stretch.

 

[Betty P]

I wish that everyone (news media) would stop comparing this murder to situations with other police officer shootings. This was completely different!

1. Botham was in his home, watching tv.
2. A crazy woman entered his apartment, yelled at him (we only have her story she did this, nevertheless), and shot him.

It doesn't have any context or connections to other police officer shootings, except Guyger was wearing a uniform.

Agree. It doesn't even qualify as an "accidental" LE shooting, when teams raid homes looking for drugs, accidentally killing someone. She wasn't on duty and had no reason to break into Jean's apartment, let alone draw her service revolver to murder him.

None. This was murder and aggravated burglary.