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

[sloane7777]

THAT'S WHO SHE LOOKS LIKE. Thank you. I legit lost sleep over this.
You are not nuts. I could not figure out why I disliked the woman when I saw her mugshot. That's not a normal reaction for me. Mystery solved!

OK thank you !!! its so bad for me its hard to seperate the two in my head!

 

[imstilla.grandma]

Snip:
At 7 p.m., a rowdier group demonstrators organized by Next Generation Action Network, activists looking to eradicate social injustice, stepped in to the silent protesters' place.

As NGAN’s protest took over the scene, the rain dwindled and the crowd grew. Dallas police could be seen atop the South Side on Lamar apartment building across the street. President and founder of the group, Dominique Alexander, had one goal for the night that superseded all others: get people to Dallas City Hall at noon Wednesday.

“We are pushing for a police oversight board with investigative powers and a budget,” Alexander said.

Under Alexander’s direction, the crowd made its way down Lamar toward South Side Flats, shouting “No justice, no peace” as they blocked both sides of the road.

Cars halted outside South Side Flats as protesters knelt and prayed for Jean. They stood back up and headed down Lamar. As they pushed forward, police cars and mounted police prepared.

Some members of the protest tried to persuade others to stay back. Only a handful listened.

As the the group tried to make a turn onto Cadiz Street, which was being blocked by police, officers fired pepper balls at their feet. Anyone upwind of the shots was sent into fits of coughing and teary eyes. Tensions rose. End Snip.

Silence, Pepper Balls and Tension: Botham Jean Protesters Take to the Streets

 

[Suwannee]

Amber Guyger Botham Shem Jean Police Shooting: Tragedy Shows Need for Cops to Face Impartial Justice | National Review

[...]

Aside from the horrific details of the shooting itself, there are already troubling indications that Guyger’s identity as a police officer is providing her with actual, undeserved advantages in the prosecution of this case.

First, police sources are reportedly indicating that Guyger may actually try to raise the fact that Jean didn’t obey her commands as a defense. It’s not a defense. The moment she opened the door to an apartment that wasn’t her own, she wasn’t operating as a police officer clothed with the authority of the law. She was instead a criminal. She was breaking into another person’s home. She was an armed home invader, and the person clothed with the authority of law to defend himself was Botham Shem Jean.

Which brings us to the second troubling element of the story. So far, Guyger is only charged with manslaughter. But all the available evidence indicates that she intentionally shot Jean. This wasn’t a warning shot gone awry. The pistol didn’t discharge during a struggle. She committed a crime by forcing open Jean’s door, deliberately took aim, and killed him.

[...]

Exactly!!!
And...
From the 27 Mar 2012 of The Texas Tribune:
Texplainer: When Can Texans Use Deadly Force in Self-Defense?
“In 2007, Texas passed a law resembling Florida’s that goes further than the "Castle Doctrine." Like Florida’s, the Texas law removed the duty to retreat for people who are attacked, as long as they have the "right to be present at the location where the force is used." In other words, Texans are allowed to use force in self-defense before retreating as long as they are not intruding on private property.”


Hmmmm….Texas no longer has the “duty to retreat” provision in it’s “right to self-defense” statutes providing the defender isn’t trespassing?

I am not a lawyer...just a retired microbiologist....but IMO, AG’s intent in fully opening BSJ’s “ajar door” would come into question. At the very least, a Class A misdemeanor (trespassing while carrying her service revolver) was committed by her unwarranted opening of his door and engaging BSJ. Unfortunately, if a burglary or home invasion charge were to be used against her to rebut her Stand Your Ground (SYG) claim, it would have to be established that she crossed his apartment’s threshold with the intent to commit the felony theft or assault.

Will AG’s attorney use a SYG defense claiming she didn’t provoke BSJ? According to the arrest affidavit, she gave him verbal commands to which he did not respond. I guess I missed the part where she “feared for her life.”

Below is a link to “Deadly Force to Protect Property” under Texas Law:

PENAL CODE CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY

 

[imstilla.grandma]

Snip: In this web extra, we talk with Washington Post reporter Deanna Paul about details surrounding the investigation. Video. End Snip.
Web Extra: Dallas Police Shooting Discussion with Washington Post

 

[Jennifer17]

If she gets off by using the SYG defence, even though she wasn't in her 'castle', it could be used for lots of situations.
What if someone saw a car leaving their car park which was the same model, colour and make of theirs?
Would it be ok to shoot them because they 'thought' it was their car?

 

[Suwannee]

If she gets off by using the SYG defence, even though she wasn't in her 'castle', it could be used for lots of situations.
What if someone saw a car leaving their car park which was the same model, colour and make of theirs?
Would it be ok to shoot them because they 'thought' it was their car?

Funny you posed this question...
Maybe if that car doubled as their domicile.....
IMO, these laws need to be changed.

 

[TDoc72]

There seem to be two stories.

Door locked: If she tried her key /fob and it didn’t work, the natural reaction is - I am using the right key/fob? If it’s the right key/fob and does not work then you look around - am I in the right place? Why is this not working?

Door unlocked or ajar: if she just opened the totally unlocked door and looked around, the natural reaction is - Is this my stuff? My home? Couch? Chairs? Pictures? Table?

Regardless, just pulling your weapon and opening fire seems ridiculous.

These two stories are both in the warrant (paragraphs 4 & 5). How can both be true? IMO, the door wasn’t ajar. That makes the least amount of sense to me.

Snip:
"This could have been very different if Botham Jean had been, say he was a law abiding gun owner and he saw somebody coming into his apartment," Loesch said on NRATV's Relentless on Monday. "I don't think there’s any context that the actions would have been justified. If I see somebody coming into my house and I’m not expecting them and they’re walking in like they own the place, I would -- I would act to defend myself." End Snip.
NRA's Dana Loesch says being "a law-abiding gun owner" could have saved Botham Jean

Oh goody, it’s the ‘more guns’ battlecry! (Sarcasm intended.)

 

[imstilla.grandma]

Snip:
Dallas Police officer Amber Guyger’s arrest warrant has some North Texas legal experts asking the same question. “Where is the crime?”

Criminal defense lawyers CBS 11 talked to at the Dallas County Courthouse describe the Texas Rangers warrant as “weak on motive or intent.”

They believe it will be difficult for the Dallas County DA’s office to prove a crime.

CBS 11 asked several prominent criminal defense lawyers what they thought about the warrant.

All of them said they were surprised they didn’t see words like “reckless” or “intentional” which they say would normally be found on similar documents in manslaughter and murder cases.

“It’s an interesting read,” said criminal defense attorney George Milner. “It doesn’t read anything beyond negligence of that they simply do not specify how she is reckless which is the required mental state for manslaughter. It reads much more like an accidental killing. I mean if someone were to drop a gun accidentally and it fired and it hit somebody.”

Milner and others say it doesn’t necessarily mean the DA’s office doesn’t have a good case because the investigation is still ongoing. End Snip.

Multiple Criminal Defense Lawyers See No Crime In Off-Duty Officer Shooting

 

[Herat]

These two stories are both in the warrant (paragraphs 4 & 5). How can both be true? IMO, the door wasn’t ajar. That makes the least amount of sense to me.

Oh goody, it’s the ‘more guns’ battlecry! (Sarcasm intended.)

I think there would have been two people dead, thanks to the NRA logic here

 

[Cryptic]

If she gets off by using the SYG defence, even though she wasn't in her 'castle', it could be used for lots of situations.

I don't think she is eligible for SYG defense in Texas. I believe the Texas SYG specifically says that:

- One cannot incite or provoke the other person then "SYG"
- One cannot be in violation of any law, then "SYG"

Needless to say, entering another's home un-invited is both a provocation and a criminal act. It does not matter what the shooter believed at the time. Rather, the core concept is were her actions a provocation and was she violating a law?

She needs to offer to plead guilty Manslaughter as soon as possible. There already seem to be several implausible claims in her version of the story and the proscecutor is open to placing additional charges. Sadly, my guess is that this could be an "Excuse me, while I execute this burglar" (Identified an intruder ordered him to open the door, then opens fire immediately?) motive shooting that went horribly wrong. The next stop could be Second Degree Murder.

 

[imstilla.grandma]

Snip:
A Dallas Police officer was arrested by Rowlett Police for driving while intoxicated on Tuesday, September 11.

Dallas Police said Officer Ashely Parmely is on administrative leave pending and internal affairs investigation.

Officer Parmely has been with the department since June 2015 and is assigned to the North Central Patrol Division.

CBS 11 is working to gather additional information.
Dallas Police Officer Arrested For DWI
Dallas Police Dept (@DallasPD) on Twitter

 

[imstilla.grandma]

Dallas-Fort Worth public servants killed, injured in the line of duty receive Star of Texas award | Texas | Dallas News

 

[Jax49]

Multiple Criminal Defense Lawyers See No Crime In Off-Duty Officer Shooting

snipped for space & bbm

But he says it’s clearly a sign the Texas Rangers were careful not to implicate Officer Guyger.

 

[cybervampira]

BBM

Amber Guyger Is Blaming Botham Jean For Getting Shot And Killed In His Own Home

[...]

So basically, Guyger is pointing the finger at the dead man for ignoring her “verbal commands”? If it was “nearly completely dark,” then Jean, who was unarmed, may not have been able to see she was a police officer. Even if he could, where was Guyger’s deescalation techniques? Moreover, the AP reported Jean’s door was slightly ajar, contrasting with earlier reports that the door was locked.

But it gets even worse…

Guyger has also claimed she saw “a large silhouette,” the Dallas News reported, which to her apparently meant it was time to start shooting. In addition, Guyger framing it as if she just saw a “silhouette” will be her excuse to pretend she did not know she was shooting a Black man, which will almost certainly be used as an excuse at a trial if the case progresses past the grand jury.

Guyger will also probably be framed as an overworked police officer who just made a tragic mistake — therefore, there should be no punishment. She has reportedly already hired a public relations firm to spin that narrative.

[...]

 

[cybervampira]

If she can afford a PR firm after posting bail, she must be a very rich police officer.

Shaun King on Twitter

Dallas Police Officer Amber Guyger has hired a PR Firm.

Today the firm has been trying to pitch interviews with her family members saying how awesome she is.

 

[imstilla.grandma]

Is this Amber Guyer?
Google Image Result for https://i1.wp.com/meredith.images.worldnow.com/images/17579983_G.png?fit=450,300&zoom=2&strip=all

 

[cybervampira]

Is this Amber Guyer?
Google Image Result for https://i1.wp.com/meredith.images.worldnow.com/images/17579983_G.png?fit=450,300&zoom=2&strip=all

No, that‘s Kayla Jean Giles.

Kayla Jean Giles: 5 Fast Facts You Need to Know | Heavy.com

 

[Lilibet]

Is this Amber Guyer?
Google Image Result for https://i1.wp.com/meredith.images.worldnow.com/images/17579983_G.png?fit=450,300&zoom=2&strip=all

No, it’s another woman whose name appears in the caption. And it’s Guyger, not Guyer.

 

[mickey2942]

The narrative and wording used in documentation is often completely subjective, and often affects the reader in the interpretation of the event. I am sure that everything has been carefully written, reviewed and meticulously slanted to portray an innocent mistake, that just happened to kill a man, walking around in his own home.

That must be some spin.

 

[imstilla.grandma]

Ok, I’m so sorry. I didn’t mean to derail the thread. I’ll take a break...