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

[imstilla.grandma]

Before the jury started weighing the case Monday, Texas District Judge Tammy Kemp allowed the panel to consider what is known as the "castle doctrine" as a possible defense over the objections of prosecutors, who called the move "absurd."

Similar to self-defense laws known as "stand your ground," the Texas statute says a person is justified in using deadly force if someone enters or attempts to enter a person own home.

"It may have been a stretch for Judge Kemp to allow that jury to consider it," Tim Powers, former Texas prosecutor and judge, told NPR.

The move raised a unique set of legal facts the experts said has been untested in Texas courts: considering a "castle doctrine" defense in a location that is not one's "castle."

"This is a case of first impression, which means we don't have any precedents of this where the mistake of fact defense merges with the castle doctrine," said Peter Schulte, a Texas defense lawyer and former prosecutor,

But in the end, the jury rejected the controversial legal standard as a possible defense. Both Powers and Schulte anticipate the issue to be raised during Guyger's expected appeal.
Ex-Dallas Officer Who Killed Neighbor In Upstairs Apartment Is Found Guilty Of Murder

 

[Bennettfit]

SOME people, you mean. I am "people" and I am horrified this was ever charged as a murder given all the case law, precedents and judicial opinions. I would have been pleased with no criminal charges and leave the case in the civil court for wrongful death. The murder charge was totally political and nothing in the presented prosecution case supports it IMO. All MOO.

How can you possibly believe it's political for a person who barged into another persons residence and shot them dead, to be convicted of murder?

 

[VAgirlatheart]

Okay Jason Hermus !!! Your second conviction of a police officer. You, my sir, are a damn good lawyer !!!

And I’m not saying that against any LE officers, I’m just saying it’s harder to convict

 

[BeachSky]

Did she get to go to lunch with her tribe?
Or were they waiting for her out side the court room to take her to a holding cell?
I’m just .....

 

[sloane7777]

I don't know that that is true. They often kill others and them themselves. Like killing their kids to hurt their exes and then they kill thsemselves to escape justice.

The Ohio monster kidnapper did just that.

Killing herself deprives Bo's family of justice.

I would be surprised .

 

[Lillymac]

Cases like this? Zero, zip, nada

Exactly!!

 

[iluvmua]

Is she is jail yet?

I am surprised they got her for murder.

I for sure thought they would go for manslaughter

 

[Cryptic]

The charges were wrong from the beginning. So many things they can appeal on.

I was hoping for a manslaughter conviction and the consideration of the far less than stellar efforts to provide aid as aggravating circumstances supporting an increased sentence.

That aside, I think her appeal options are limited.

Appeals centered on claims of say an over all prosecution friendly judge, specific unfavorable decisions by the judge during the trial, or jury composition / jury conduct have a very high burden of proof in Texas in that “egregious errors” or actions “shocking to the conscious” must be shown.

But…. an appeal centered on a claim that the circumstances behind the criminal act do not match the historical use of the Murder charge in Texas might be able to meet such a burden.

For example, historically, are reckless hunting accidents handled as manslaughter or murder? What about reckless vehicle accidents resulting in death? Or, reckless “Hold my beer- Watch this! ” type stunts that led to the deaths of uninvolved people?

The State will probably accurately counter that none of the above examples of reckless loss of life involved somebody shooting a stranger in their own home.

Even still, I think an appeal on the grounds that the circumstances behind the crime are not consistent with the historical use of Murder charges could be successful and the conviction reduced to Manslaughter.

 

[kaen]

At one point she (AG) said something along the lines of “I don’t feel I deserve to be with my family and friends, etc.”
well, if she feels that way then being away from them in prison shouldn’t be an issue.

It makes me wonder about her mental health in terms of depression and self harm.

 

[CrimeDawg123]

One thing I think is certain, we will not be hearing from Martin Rivera as a character witness.

 

[blue22]

ITA. There are several points of reversible error in the case, too. As for the overcharging and the verdict for murder, this case will bite Texans back more than they now realize as other cases that would be charged as manslaughter or negligence are also redefined as murder.

I cannot categorize AG as the same as Diane Zamora or Darlie Routier or 1000s of other Texas murderers. All MOO.

They aren't categorized the same. They are guilty of CAPITAL murder.

 

[grammieto5]

Will anything less than life w/o parole Be accepted?

This is what I'm thinking her sentence should be. Her life for the innocent life she took.

 

[MsArk]

Is there a minimum sentence in Texas for murder?

 

[imstilla.grandma]

Aware of the dangers of being a black man in America, he had been careful to wear Ralph Lauren dress shirts and drive the speed limit, his family has said, to avoid even routine encounters with the police.

But he was relaxing at home on the night he had a deadly encounter with the police. Prosecutors have said he was watching television and enjoying a bowl of vanilla ice cream when Ms. Guyger came through his doorway.

“Botham Jean was never a threat to Amber Guyger — never,” Jason Hermus, a prosecutor for Dallas County, told jurors during closing arguments on Monday. “Justice needs to happen in this courtroom today.”

Her testimony conflicted with prosecution witnesses, including neighbors who said they did not hear verbal commands and a medical examiner, who testified that the bullet had a downward trajectory, indicating that Mr. Jean was either getting up from a seated position or was “in a cowering position” when he was shot.

Jason Fine, another prosecutor on the case, urged the jury to be the “voice of the community” and hold Ms. Guyger accountable.

“This cannot be acceptable,” he said. “Not here in Dallas, not here in Texas, not anywhere. Your home is supposed to be your sanctuary where you feel safe.”
Amber Guyger, Former Dallas Police Officer, Found Guilty of Murder in Death of Neighbor

 

[CrimeDawg123]

Is there a minimum sentence in Texas for murder?

5 to 99 years I believe.

 

[becrietz]

I have not followed this case at all. Just read the news story and was shocked to see all the people shouting justice was served. I am honestly confused and have come here to see what I am missing. From what I have gathered this woman believed she was entering her apartment and an unknown man was in her apartment and she shot and killed him. How is that murder? Manslaughter maybe but murder? It seems to me to be a horrible mistake that she made not murder. Should she get punished? Yes she killed someone. But a drunk driver that gets in a wreck and kills someone does not get charged with murder. She wasn't even intoxicated. Even a person in a car accident that is at fault for running a red light and kills someone does not get charged with murder. This is what I am confused about. As I said I have not followed this case and am curious what I am missing. I understand he is black but I think the same thing would have happened if he was any other race. He was a unknown man in a woman's house.

 

[Hraefn]

ITA. There are several points of reversible error in the case, too. As for the overcharging and the verdict for murder, this case will bite Texans back more than they now realize as other cases that would be charged as manslaughter or negligence are also redefined as murder.

I cannot categorize AG as the same as Diane Zamora or Darlie Routier or 1000s of other Texas murderers. All MOO.

I don’t think the jury was wrong in their interpretation of the law, but I do think the statutes need some rewording.

 

[blue22]

I have not followed this case at all. Just read the news story and was shocked to see all the people shouting justice was served. I am honestly confused and have come here to see what I am missing. From what I have gathered this woman believed she was entering her apartment and an unknown man was in her apartment and she shot and killed him. How is that murder? Manslaughter maybe but murder? It seems to me to be a horrible mistake that she made not murder. Should she get punished? Yes she killed someone. But a drunk driver that gets in a wreck and kills someone does not get charged with murder. She wasn't even intoxicated. Even a person in a car accident that is at fault for running a red light and kills someone does not get charged with murder. This is what I am confused about. As I said I have not followed this case and am curious what I am missing. I understand he is black but I think the same thing would have happened if he was any other race. He was a unknown man in a woman's house.

Follow the case then get back to us. It takes watching the evidence.

 

[BeachSky]

Is she is jail yet?

I am surprised they got her for murder.

I for sure thought they would go for manslaughter

My guess is a jury of her peers did not want a reversal.
She requested a -jury sentencing- and not a -judge sentencing - pre trial.
Either she got some bad advise or just thought she could beat this...wow

 

[Jeremy Bentham]

This is a photo of her truck parked in the parking garage. It’s hard to tell if she was really in this area with no roof, especially with seeing the row of cars behind her vehicle that appears to be another area that goes up further. Hard to tell, from photos the garage seems confusing as it was reported to be.

Parking

I am way late to this post but, looking at this picture, the parking mistake does make sense now.

This is inclined parking. Depending on which way you walk, you can either walk onto your floor or one floor above/below. I have frequently parked at a garage near my workplace which has inclined parking. You think you are parking for the 7th floor but you walk down the ramp and you are at the 6th floor stairwell *smh*.

No excuses but I bet this is what happened to AG.