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

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  • #241
I wonder if this part will come into play:
...individuals do not have to back down or retreat if they fear bodily harm when threatened in their home...
 
  • #242
Victim was the one in his home. She wasn't in her home. Hard to see how "stand your ground" would apply here.
 
  • #243
But if she psychologically was in her own home...
I can see a defense going with this if they have to. Depends upon the charges.
 
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  • #244
Victim was in his home so he would be the one with no duty to retreat.

I actually think that she better take whatever plea deal is offered. The less publicity on this the better. The quicker it goes away, for everyone.

The reason I say this, bench or jury trial, I can see people seriously wondering if they are safe in their own homes, from police officers with a weapon. I don't see her as being sympathetic to anyone on a jury. Especially if the toxicology results are not in her favor.
 
  • #245
Dallas Police Department has offically named the officer involved in the shooting. Could an arrest be close?
DPD Beat

Officer Amber Guyger #10702 is the involved officer and has been on the department four years. She is assigned to the Southeast Patrol Division.
 
  • #246
A quick look at the twitter messages to DPD indicates the community is furious that an arrest hasn't been made.
Dallas Police Dept on Twitter
 
  • #247
  • #248
  • #249
Ouch. Putting it mildly, the public is outraged. An understatement. I can feel the tension growing.

I can easily see riots over this, if they don't do something quickly. As it is, AG isn't safe right now anyway. It would be outrageous if she has police protection.
 
  • #250
I can easily see riots over this, if they don't do something quickly. As it is, AG isn't safe right now anyway. It would be outrageous if she has police protection.
She has the right to police protection, just like anyone else. She also should be in jail awaiting a hearing, just like anyone else.
 
  • #251
Lee Merritt posted Guyger's name in a tweet Saturday afternoon. At a press conference later Saturday, he said he believed the officer's name had been officially released. He later found out it hadn't, Merritt said, so he did not name Guyger again at the press conference. His tweet, however, has not been deleted.


Our office has been retained to represent the estate of #BothamShemJean. Our first & foremost priority will be to ensure justice is served for this family. That includes holding Amber Guyger accountable for her crimes as well as ID’ing all responsible for enabling this incident. pic.twitter.com/p9tJAiJZOi

— S. Lee Merritt, Esq. (@MeritLaw) September 8, 2018

DPF Identifies Officer Who Shot Botham Shem Jean
 
  • #252
I think it is important to have the right charges. That said, we see many cases where the original charge of say something like child abuse are upgraded to murder over time. Why not in this case? i think the reason is that she is a cop, a white cop at that. If anyone else had done this, I am certain they would have never left that scene without a ride to the precinct and some questions. We don't know how they handled it but I have my suspicions.
 
  • #253
You know, even if she did think it was her home, even when the key didn't work, there is still no reason to shoot him without any interaction with him.
 
  • #254
I think it is important to have the right charges. That said, we see many cases where the original charge of say something like child abuse are upgraded to murder over time. Why not in this case? i think the reason is that she is a cop, a white cop at that. If anyone else had done this, I am certain they would have never left that scene without a ride to the precinct and some questions. We don't know how they handled it but I have my suspicions.
Hence the outrage.
 
  • #255
You know, even if she did think it was her home, even when the key didn't work, there is still no reason to shoot him without any interaction with him.

This is really what it all boils down to. He wasn't holding a weapon. She could have called for back up or run, or done any number of things.

I also wonder if he may have survived if first aid had been given immediately?
If she had yelled for neighbors to come out and help? If she had tried?
That 5 minutes before other first responders arrived, putting pressure on a wound and doing CPR? Would it have helped? It's a crucial time but sometimes it doesn't matter, they can't be saved.


I can easily see riots over this, if they don't do something quickly. As it is, AG isn't safe right now anyway. It would be outrageous if she has police protection.

I agree, I think they better hurry. I also wouldn't be surprised if she flees or commits suicide.


She has the right to police protection, just like anyone else. She also should be in jail awaiting a hearing, just like anyone else.

I'm trying but I'm not coming up with a case where a not yet charged suspect was given police protection. In fact I can't even think of any cases where a charged suspect was.

Their families, yes. The victim's families, yes. I don't recall a case where the killer was being protected before they were even charged. Or after. If they want protection, don't bail out after you are charged.

If they ARE giving her police protection it's because she is a cop. Unless she has some major family connections we haven't heard of yet.
 
  • #256
  • #257
You know, even if she did think it was her home, even when the key didn't work, there is still no reason to shoot him without any interaction with him.
Absolutely. She could have backed away from the door. Instead, she shot him point blank in the chest.

I'm just waiting to hear "He was in his underwear and clearly didn't have a weapon but I sensed he was reaching up to grab my throat and strangle me. I feared for my life, so I shot him"

Some BS like that.
 
  • #258
She had a gun that I bet she had pulled out as soon as she either heard him coming to the door or when she heard the door being opened. She could have ordered him to put his hands in the air and walk out of the door. She was the one in control, still in her uniform and armed.
 
  • #259
Absolutely. She could have backed away from the door. Instead, she shot him point blank in the chest.

I'm just waiting to hear "He was in his underwear and clearly didn't have a weapon but I sensed he was reaching up to grab my throat and strangle me. I feared for my life, so I shot him"

Some BS like that.
Which, under SYG laws he would have been entitled to do. Not that I believe that happened, but I wonder if he had shot her, while she was trying to enter his home, would the SYG law protect him?
I think that we know the answer to that.
 
  • #260
You know, even if she did think it was her home, even when the key didn't work, there is still no reason to shoot him without any interaction with him.
Absolutely, and,,,,,,she is a trained officer. If she was in fear for her life and no one else was in danger (like being attacked in "her" apartment) she should have retreated and called for back up or help. She would have not known that there were 30 guys in their underwear or 15 or 10 or 2. I keep trying to wrap my head around her choices as reported by the press. Something is off.
 
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