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

[MsFacetious]

If it is true that he was able to talk after she shot him and all she did was pace up and down the hallway without trying to help him, she should be charged with murder.

I totally agree. We should also hear about her apologizing to him directly if that's the case. If the man was able to talk for any length of time it's going to be unbelievably heart breaking. I hope it isn't true.

Justine Damond died after she spoke. She said something like 'I am going to die' and died shortly after.

She was shot in the abdomen right? I'm wondering about with a chest wound. It's possible that was instantaneous and that's what I had been hoping, that he died instantly.

And, Lesandro Guzman-Feliz, - (the young man brutally butchered in the Bronx bodega who tried to run to St.Barnabas hospital a block away for help.) just before he died, he asked for a drink of water.

Absolutely it happens, depends on the location, timing and severity of the injury. The ME should be able to determine if it would have been possible.

 

[imstilla.grandma]

Attorneys for Botham Jean's family refute claims in arrest warrant affidavit made by off-duty DPD officer who shot Jean dead in his own apartment. "This affidavit is very self-serving."
Twitter

 

[mickey2942]

Interesting, I wonder if this apartment complex has cameras in areas? Can any of this be on a tape somewhere?

 

[jjenny]

Interesting, I wonder if this apartment complex has cameras in areas? Can any of this be on a tape somewhere?

If it were on tape I am pretty sure family's lawyers would have said so.

 

[CARIIS]

Was Mohammed Noor charged immediately when he killed Justine Damond? I know the situation is different, but he was responding to a 911 call made by a woman, reporting a woman in distress--so he had reason to expect that a woman might be approaching his car.

ETA: I swear I posted this before I read all the other posts that pointed this out.

I do think we would be remiss - like it or not - her vocation totally changed the timings posting bail going to a different dept (friend at other dept)

but the blue code or whatever they call it is real and everlasting imo

72 hours to let someone who just told LE that they shot someone to death is just flat our ludicrous imo

imo the fact that she was a cop is just huge

can any of you imagine telling a cop yeh i just shot that person dead and them saying were sorry to here that /////and leave

handcuffs out in 0.5 milliseconds come on guys!!

as far as we know they did not even come (speculation) with their guns drawn I am sure she told dispatch she was LE --

just turning it over to rangers instantly is all about her vocation

 

[imstilla.grandma]

I do think we would be remiss - like it or not - her vocation totally changed the timings posting bail going to a different dept (friend at other dept)

but the blue code or whatever they call it is real and everlasting imo

72 hours to let someone who just told LE that they shot someone to death is just flat our ludicrous imo

imo the fact that she was a cop is just huge

can any of you imagine telling a cop yeh i just shot that person dead and them saying were sorry to here that /////and leave

handcuffs out in 0.5 milliseconds come on guys!!

as far as we know they did not even come (speculation) with their guns drawn I am sure she told dispatch she was LE --

just turning it over to rangers instantly is all about her vocation

I agree. The blood code is the only thing stronger than the blue code. They’re damn near unbreakable!

 

[CARIIS]

This raises several questions that don't seem plausible:

- Is the officer claiming that the lock malfunctioned and opened when she inserted her key card? This would seem highly unlikely, perhaps even practically impossible.

- Is the officer claiming that she was able to push the unlocked door open when she inserted her card? Do modern apartment locks even allow for such a possibility? In other words, does at least one deadbolt go in when ever the door is closed, similar to hotel rooms?

If the claim is implausible, it could support a fact pattern where the officer ordered him to open the door, then shot him.

an outlet had video of garage door key system

it was a radar like one not one where you stick a card in or out -- like a pass over if that makes sense

 

[imstilla.grandma]

It is also beyond dispute that a white officer killed an unarmed black man. Yet we do not yet know nearly enough to conclude or speculate, as a flood of news stories and tweets do, that this shooting was motivated by racial profiling. None of us yet knows if the evidence in this shooting will dictate that we add it to the obscene toll racial profiling takes in America. In many ways, it almost doesn't matter, because the trust that should exist between police officers, white or black, and the communities of color they serve is diminished or entirely absent.

The facts as we know them so far: Resident Alyssa Kinsey told CNN she was on the phone Thursday night when she heard a shot followed by what sounded like "running steps" and a woman's voice calling the police. She soon learned that her next-door neighbor, Botham Shem Jean, had been fatally shot.

This is one essential truth about the Dallas shooting (Opinion) - CNN

 

[cybervampira]

But why should he “obey verbal commands” ?

He was in his own apartment retiring for the night in the dark. He did not call for police, he did not commit a crime, for all he knows the voice is coming from a burgler or a drunk. Why would he open the door?

He did absolutely nothing wrong. She shot him dead for no apparent reason (other than her being utterly ignorant). She is merely grabbing that self-defense straw, hoping the jury will buy it.

 

[CARIIS]

Maybe he was shot in the chest and abdomen but the chest wound was fatal?
I don't know and it's so frustrating!

i think some of the chaos has to do with it involving a cop

what to say

what not to say

one cop knows her

another does not

one cop questioning another cop on the scene about another cop for another cop (explains the 72 hours)

a police chief or whatever the head dude is called advising one thing

the police union

etc etc etc moo

 

[MsFacetious]

I think it's entirely possible she had zero clue what color he was. If it was dark, how could she?

 

[imstilla.grandma]

She gave “verbal commands” before firing her weapon twice, striking him once in the chest, the authorities said. The affidavit did not detail the nature of her commands, or how much time passed before shots were fired.

It’s unclear why Mr. Jean’s door was ajar. The authorities asked permission to examine Mr. Jean’s cellphone and laptop to see whether he may have been expecting a visitor, according to a search warrant affidavit.

On Monday, Ms. Johnson, the district attorney, hinted at a split over the handling of the case between her office and the Texas Rangers, the state’s top law enforcement agency. The Dallas Police Department asked the Texas Rangers on Friday to investigate the shooting. Ms. Johnson said the Texas Rangers coordinated the booking of Officer Guyger and recommended the charge of manslaughter.

Dallas Officer Who Killed Man in His Own Home Says He Ignored Her Commands

 

[Via Marple]

The affidavit is useful only as an official record of her story. It is not necessarily the truth. An accused would paint herself in the best light, in order to shift blame. As a police officer, she had perhaps taken lots of affidavits herself, and know exactly how to work it.

 

[SandyQLS]

Forensics will have to test the door to Jean's apartment to verify if it is one of those slow-closers that does not necessarily 'click' unless manually pulled. I have had doors like that. That's my reading of her claim in the affidavit - she inserted her key and the force of that action pushed it open. Per the affidavit, she fired from the open doorway and THEN entered. She turned on a light.

In the light she realized it wasn't her apartment so she had to go check the exterior door number because if she isn't in her apartment then she had no idea what apartment number she was in.

No mens rea for murder. The issue is what crime is it to shoot into a darkened space she has not even entered even if she believes she is the lawful owner? JMO I think Manslaughter is the appropriate charge pending toxicology reports or more info.

I do not trust all of the ear witnesses either. For example I do not believe Jean said anything after he was shot.

 

[CARIIS]

The mayor of Dallas and an outspoken councilman have been in a war of words in the aftermath of the shooting death of a man by an off-duty Dallas police officer.

Finger pointing and criticism has swirled around this case since the beginning and debate over the possible charges have raged in public, in private and among city leaders.

Kingston is critical of how the city and the police department handled the shooting death of Botham Jean.

Without citing sources Kingston posted on his Facebook page Sunday, "… DPD called a judge on Friday who told them he would not sign a warrant for manslaughter... But would sign a warrant for murder." that, he claims, "… threw DPD into a tailspin... The decision was made to hand the investigation over to the Texas Rangers, who DPD says told them to stop seeking any warrant."

Kingston concluded by saying he was "… hearing that the Rangers don't want the case and aren't working it - leaving precisely no one in charge."

Frustrated by Kingston's posts, Mayor Mike Rawlings responded Monday morning. See more...

Dallas mayor, councilman feud over handling of Botham Jean shooting

there we go

sounds like the most credible thing i have read so far!

go govt!!

 

[TinaG]

The apartment door appears to be the same as mine, here is a picture of the key it's plastic and has a magnet inside of it. When you insert it a green light comes on and you turn the key, then you still have to turn the door handle to open the door. It's a deadbolt with a magnetic key.

 

[imstilla.grandma]

...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

 

[CARIIS]

Really nice, she lives in the same apartment building as Guyger, she must feel really safe! I wonder if Guyger can be evicted, I wouldn't want her as a renter there any longer, the other residents wouldn't feel safe. And Guyger is probably not safe now either.

What makes me really angry, is I would like to know how long she is eligible for administrative leave with pay. How many of you could kill someone and get paid to stay home with full pay for months on end?

For a l o n g

l o n g

l o n g

l o n g

time as the past has shown us

 

[Thora_Jay]

Matt Howerton on Twitter

@MeritLaw says a key witness heard Botham Jean utter ‘oh my god, why did you do this?’ after shooting.

I cannot even fathom what Botham was going through.
He is in his own home most likely in his bedroom sleeping since it is so late and surly has to work in the morning. All of the lights are off.
His mother states that he was a light sleeper.
So imagine being in a sleep only to be jolted awake by a commotion at your front door.
Then next thing you know, Botham Jean is shot wondering why.
There is a new witness and also video that was captured that lead to her arrest.
This well Loved man, an asset to the community, was murdered by a woman who lived in the complex for a month and had no clue at the time where the hell she lived.
We keep hearing that she did overtime and was tired. Really? There are millions of people who work longer hours daily just to live. They also have to commute long distances. She lived a few minutes away from her workplace. I do not care if she did overtime. She knew that when she took on her “elite job title”. Before she was promoted to that also, she knew.
She was still in uniform and she has a duty to the public to ensure her community is safe. She failed to do that. She caused a death on her own accord.
Her actions caused the death of Botham Jean. Botham is an innocent in her own stupidity. He paid the price of her personal problems.
My heart goes out to Botham’s mother Allison Jean and all of his family. The Dallas West Church of Christ members, Harding University and all of his friends. Also to all of my fellow Websleuthers who are so touched by a man we never knew until his murder. We did not know him but he touched our lives. Deepest condolences to all.

 

[jjenny]

No, not if she states that he didn‘t follow her orders and approached her, walking towards the door.

"It's still unclear how far Jean was from Guyger at the time of the shooting. According to the initial DPD search warrant, Jean "confronted the officer at the door." However the arrest warrant from the Texas Rangers said Guyger saw a large silhouette she believed to be an intruder "across the room in her apartment.""

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