GUILTY TX - Former Dallas Police Officer Amber Guyger, indicted for Murder of Botham Shem Jean #6

[AllyBeeUK]

Thank you very much @AllyBeeUK for weighing in and sharing your experiences. Excellent post.

Thank you, there are so many more experiences I could share. It's hard to explain just what it's like to be part of a police family. In many ways I think it is worse for us because we are the ones at home, waiting for the phone to ring.

In my opinion, Law Enforcement Officers are the very best of us. They are the heroes who run towards trouble when everyone else is running away. They would lay down their lives to protect those who actively seek to do them harm. These stories that just make my heart sink.

By using her being a police officer as a defence she does a great disservice to her badge. She stokes anti-police sentiment, she widens the gulf between the public and the police; the us v them mentality that puts her colleagues in danger.

Sir Robert Peel ( founder of the modern British Police Service) said the following in his principles of law enforcement:

"To recognize always that the power of the police to fulfill their functions and duties is dependent on public approval of their existence, actions and behavior, and on their ability to secure and maintain public respect."

"The police are the public and the public are the police; the police being only members of the public who are paid to give full time attention to duties which are incumbent on every citizen in the interests of community welfare and existence."

Being a LE Officer is not a shield for acting in the way that she did. Criminal.

 

[Cortne]

So what is the motive in this case?

No motive is needed.

 

[Betty P]

The defense lawyer on WFAA explained this as well. Paraphrasing - based on the Texas statutes, based on the fact that she stated several times she intended to kill him when she fired her weapon, then murder is the appropriate charge. People are drawn to manslaughter because AG didn't plan to kill him but that is not the way the law is written.

Agree, it's impossible to consider manslaughter or negligence when she admits she shot with the intent to kill. She admitted that to the prosecution when they asked her. That's the way police are trained in her department.

https://dallaspolice.net/reports/Shared Documents/General-Order-906.pdf

JMO

 

[btfly547]

I knew early on that Lori Loughlin should have taken a plea deal. I’m now thinking that may have been the best as far as sentencing for Amber as well.

I do think it was an accident, but that she was very negligent and should serve some time.
Considering she admitted she intended to kill, was scared, and that she “wishes it was him with the gun instead”. I’m betting a judge and/or jury would have been much more lenient in the sentencing with a formal admittance of guilt and a plea.

I know she (like Lori Loughlin) wants to avoid any jail time. Like with Lori, it’s very obvious there’s some wrongdoing so they’re both playing a bit Russian Roulette with a jury.

 

[CrimeDawg123]

So what is the motive in this case?

@iluvmua There is no motive! There doesn't need to be a motive IN THE STATE OF TEXAS for it to be murder. The lawyer on WFAA is explaining this as we speak. We have discussed this multiple times in this forum. Murder just requires IN TEXAS for there to be intent. AG herself stated she INTENDED to kill BJ. She said this multiple times yesterday. Murder is the charge as the lawyers have discussed ad nauseum this morning on ABC and WFAA.

Texas Penal Code § 19.02 | FindLaw
Murder = "intentionally or knowingly causes the death of an individual"

 

[CrimeDawg123]

DBM - duplicate

 

[Via Marple]

That was quick. I haven't even slept here in Aus down under.

The highlight for me must have been the repeated push by defence to bring in "expert witnesses" on reason. They might as well have a witness who could tell the jury whether or not AG was guilty.

 

[NervousNellie]

But WHY do you say that? I just heard a defense lawyer say the exact opposite. I'm trying to understand what you are basing this on.

Because of bias, IMO. I applaud your repeated efforts for respectful dialogue.

 

[Wishbone]

I may be wrong, but it looks like if she is convicted of murder, which she admits to, during the punishment phase it could be reduced to a felony of the second degree by a preponderance of the evidence.



Sec. 19.02. MURDER. (a) In this section:



(1) "Adequate cause" means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.



(2) "Sudden passion" means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.



(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 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.



Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

 

[VAgirlatheart]

I have to break out the snow shovel. For the defense witnesses.

(It is actually snowing outside).

Please can someone clarify what she is charged with? And if it's murder, why is manslaughter a possible outcome?

So in the state of Texas, it is worded different than most states. Murder is the intent to kill. From my understanding, you do not have to have motive nor does it need to be premeditated. Under Texas law, it technically would be exactly that. Also, you have to remember that she said on the stand that she intended to kill him. Not that she planned it. She also mentioned that the she heard movement before she went in as well as admitting to seeing the door crack.

Which in her defense kind of, I’m assuming that because she thought it was someone in her house, she said she intended to kill because she felt her life was threatened. I call but I’m not the jury either.

Manslaughter (in most states) is more so being reckless and a person dies because of it but you didn’t intended for it to happen. So a good example would be if you are texting and driving, a kid runs out in the street but because you are texting you don’t see the kid and hit them.

 

[YESorNO]

Bruce Coleridge-Taylor Wright‏Verified account @bctw 2h2 hours ago
Day 6 of the #AmberGuyger murder trial for killing Botham Jean is underway. Watch live here. https://newsone.com/3887591/watch-amber-guyger-murder-trial-live-stream/ …

Bruce Coleridge-Taylor Wright‏Verified account @bctw 2h2 hours ago
Use of force expert Craig Miller testifying for the defense that “Based upon the facts" he thinks Amber Guyger's decision to shoot someone who she thought was a "threat" was "reasonable."

Bruce Coleridge-Taylor Wright‏Verified account @bctw 2h2 hours ago
Judge Tammy Kemp is determining whether to allow Miller's testimony in front of the jury. Prosecution gets Miller to admit the Supreme Court has no definition for what is "reasonable." Miller doubles down that #AmberGuyger 's actions were "appropriate."


Bruce Coleridge-Taylor Wright‏Verified account @bctw 2h2 hours ago
Prosecutor is grilling use of force expert Craig Miller, the defense's witness, and the validity of forensic science. "Inattentional blindness" is the main point of contention. Miller admits he can't speak to how, or if, inattention blindness affected #AmberGuyger


Bruce Coleridge-Taylor Wright‏Verified account @bctw 2h2 hours ago
Miller finally admits on the stand that his opinion -- that #BothamJean was ducking when #AmberGuyger shot him -- would be "speculation."


Bruce Coleridge-Taylor Wright‏Verified account @bctw 2h2 hours ago
Judge Tammy Kemp grilling the defense's use of force expert Craig Miller over "inattentional blindness." She wants to know how he knows that can be the case? Wants to know if there is any "scientific data" that backs up that claim.


Bruce Coleridge-Taylor Wright‏Verified account @bctw 2h2 hours ago
"You can't say with certainty" what emotions #AmberGuyger was experiencing when she shot #BothamJean, Judge Tammy Kemp tells use of force expert Craig Miller. He said he thinks it was "reasonable" to shoot. #AmberGuygerTrial

Bruce Coleridge-Taylor Wright‏Verified account @bctw 2h2 hours ago
Judge Tammy Kemp rules that use of force expert Craig Miller can testify on "inattentional blindness" in the general sense, not specifically about #AmberGuyger. BUT she won't allow him to testify about whether “the use of deadly force was reasonable” - which is Miller's opinion


Bruce Coleridge-Taylor Wright‏Verified account @bctw 1h1 hour ago
Dallas criminal defense attorney Barry Sorrels says #AmberGuyger testifying that she intended to shoot and kill #BothamJean should eliminate involuntary manslaughter and criminally negligent homicide from even being options for the jury to consider for a verdict.

 

[YESorNO]

Bruce Coleridge-Taylor Wright‏Verified account @bctw 1h1 hour ago
Texas Rangers officer David Armstrong is back on the stand as a witness for the defense. He's the same guy who a juror said she had a "relationship" with and who also told the court he didn't think #AmberGuyger committed a crime when she shot #BothamJean. Juror remained serving.

Bruce Coleridge-Taylor Wright‏Verified account @bctw 1h1 hour ago

Did The Sergeant Who Said Amber Guyger Isn’t Guilty Once Kill Someone And Face No Charges?
More details are coming out about Sgt. David Armstrong -- the trooper who defended Amber Guyger.

September 27, 2019

"Texas Ranger Sgt. David Armstrong went viral earlier this week when he claimed on the stand that Amber Guyger did not commit a crime after she killed Botham Jean in his own home on Sept. 6, 2018. Now, more information has come out on Armstrong — he allegedly killed someone in 2017 and was never charged....

In case you missed it, Armstrong said on the stand earlier this week, “I don’t believe that (the shooting) was reckless or criminally negligent based on the totality of the investigation and the circumstances and facts.”

He also maintained that several people went to the wrong floor, which is allegedly why Guyger went to Jean’s apartment. He also explained how she got through a locked door, “On multiple occasions, the door would close all the way and the door would also not completely close depending on the distance. And we were just letting go of the door not using any force and sometimes it would close all the way sometimes it wouldn’t, depending on the distance.”

Armstrong was also allowed to talk on her mental state. “Physically your heart rate goes very, very high. Your vision becomes narrowed, which is commonly referred to as tunnel vision,” he said. “You begin to think very, very quickly and because your vision is narrowing, you begin to concentrate on what you believe your threat is … and that’s due to blood rushing to the major organs of the body because your body is saying ‘I need to do this right now,’ which is either fight or flight.”

Watch the video below:..."

Did The Sergeant Who Said Amber Guyger Isn’t Guilty Once Kill Someone And Face No Charges?

 

[YESorNO]

Amber Guyger Trial Day 6

Sep 28, 2019

 

[mickey2942]

So, the jury goes with "Castle Doctrine" "Stand Your Ground" based on "Mistake of Fact", and AG walks out, completely free.

Or it was an "Intentional Decision" to murder Botham Jean, and AG gets a murder conviction.

I go with option two. She had a lot of choices, she chose to shoot a man, who was not in any way an immediate threat or danger to her.

 

[angelainwi]

Bruce Coleridge-Taylor Wright‏Verified account @bctw 2h2 hours ago
Use of force expert Craig Miller testifying for the defense that “Based upon the facts" he thinks Amber Guyger's decision to shoot someone who she thought was a "threat" was "reasonable."

Just want to make sure people know that all of Craig Miller's testimony was not before the jury, it was only during a 705 hearing to determine what he could testify to as a witness in front of the jury. It is very possible that he will not even be called as a witness

 

[kim.kitchenstupman]

Because this is a Manslaughter case

I hope my fellow Texans come to the right decision and do not let the threat of riots influence them.

 

[mickey2942]

Every single day, AG wears blue. Does she own anything that isn't "blue"?!

Is that intentional? Or she still wants to identify herself as a "police officer"?

 

[TristanP]

The DA overcharged.

The DA is trying to get people to believe that she purposely had it out for Mr. Jean.

Well, she purposely had her gun out for him, didn’t she?

 

[blue22]

The DA overcharged.

The DA is trying to get people to believe that she purposely had it out for Mr. Jean.

If the DA thought she was out for him, they would have charged her with capital murder.

 

[Poppyflower]

I just thought of something!

If you were security for the apt. building and had a master key, wouldn't you be even more alert when using keys to make sure you had the right one? I don't know if she was aware that so many had trouble finding their apartments but that might be something she was told either as security for the apt. building or as a tenant. Given that information and having a master key- that would also put you on alert when using your keys, no?

Of course this is assuming she had the master key on that set of keys that were found in the door.