TX - Former Dallas Police Officer Amber Guyger, indicted for Murder of Botham Shem Jean #4

[DisturbedConcerned]

The dispatch transmissions have been posted in this fourth BSJ thread and perhaps in one of the other three.

advised SG?? what are you talking about?
advised SG shot patient?

 

[DisturbedConcerned]

The problem with your hypothetical enumerated as 1) is that there certainly appear to be two conflicting accounts of how she gained entrance inside BSJ's apartment, among other alarming conflicting material details existing.

I wish we could add a poll. Regarding whether or not we believe in the story.

1. Yes, I completely believe that Amber Guyger is a blonde airhead, who was exhausted from working a 13, 14, 15 hour shift, of catching criminals on the "elite" force. She walked to Mr. Jean's apartment door, put her key in the lock, the door swung open, she saw a man in the dark, ordered him to put his hands up, when he didn't comply, she had no alternatives but to shoot him. And when she walked into the apartment, she realized it was not her apartment.

2. No, I believe Amber Guyger went to Mr. Jean's apartment, dressed as a police officer, to intimidate him. In her role as "quasi security" for the apartment complex to follow up on visit from Manager earlier in the day. He was not sufficiently compliant, and in her anger, she shot him in cold blood.

I know which one I believe.

 

[bronk4]

The dispatch transmissions have been posted in this fourth BSJ thread and perhaps in one of the other three.

well, what are they?

 

[DisturbedConcerned]

Exactly what I said. Dispatch advised a security guard shot the patient (BSJ).

Fact.

AG gave two conflicting statements with regards to how she allegedly gained access to BSJ's apartment.

Fact.

Her second statement is reasonably presumed to have been crafted AFTER she was inexplicably allowed to leave the scene with her liberty, erase her social media (presumed to be very damning) and consult with FOP's attorneys before being interviewed by Rangers who swore an affidavit bearing her second version of events and the Rangers did so apparently without having DPD's case file, their public record filings or even consulting with DPD prior to securing the Manslaughter arrest warrant.

Facts.

I'll assume you have no answer to the garbage spewed by the very boring FOP spokesman whose insulting propaganda is rife with distortion of truth and obfuscation of reality perpetrated upon the public and should have him charged and disbarred if he is an attorney, and if he isn't, then the attorney who wrote and signed off on that speech, disbarred and charged.

My guess is you have no understanding of the subject matter to speak to it?

well, what are they?

 

[Thora_Jay]

advised SG?? what are you talking about?
advised SG shot patient?

I posted long before it was in the media that 2 rescue units were dispatched due to a “security officer shooting a patient”

 

[Mickey Mouse]

this is nowhere close to murder
she did not go there to murder/kill/etc
she did not go there to commit a crime
this was reckless action
she thought it was her place = reckless
Texas Manslaughter Laws - FindLaw

Nope.

If she had been cleaning her gun, didn't realize it was loaded and accidentally fired it, that is reckless and manslaughter.

If she dropped her gun and it accidentally discharged, that is reckless and manslaughter.

If for some reason she was dry firing it not realizing it was loaded, that is reckless and manslaughter.

This is not manslaughter.

She unholstered her gun = intent.

She lifted her gun = intent

She aimed = intent

She pulled the trigger and shot = intent

She pulled the trigger and shot a second time = intent.

Her story about thinking it was her own apartment is not credible for many reasons.

 

[DisturbedConcerned]

I never got clarification from you if these were also overheard by police (seems very likely as standard procedure) and if not, which seems unlikely, what exactly was broadcast to police prior to their arrival?

I posted long before it was in the media that 2 rescue units were dispatched due to a “security officer shooting a patient”

 

[Thora_Jay]

The police officers did hear it and they could access the building at first due to the fact that only tenant could get in the building. A tenant let them in.

 

[DisturbedConcerned]

I assumed they could and did. Did DPD dispatch a LEO only transmission that indicated an actual police officer had just shot a man? I haven't heard any such transmission, have you?

The police officers did hear it and they could access the building at first due to the fact that only tenant could get in the building. A tenant let them in.

 

[rosesfromangels]

PENAL CODE CHAPTER 19. CRIMINAL HOMICIDE

This explains the charges that are/could be brought against AG. After reading this in detail, the "intent" of her appearance at BSJ's apartment will determine her fate. If it is proven she lodged a complaint against him, or was acting in a rent-a-cop capacity responding to a complaint, I think the Prosecutor will go for murder. That being said, she could still get 2-20 for manslaughter, which would be easy to prove. The records from the apartment complex will be critical to the case.

Amateur opinion and speculation

 

[Thora_Jay]

I assumed they could and did. Did DPD dispatch a LEO only transmission that indicated an actual police officer had just shot a man? I haven't heard any such transmission, have you?

No there was not a separate. It stated “security guard”

 

[DisturbedConcerned]

It would be absolutely absurd for anyone to presume DPD's dispatchers fabricated that "cover story" which bought Amber Guyger time, where her name would not be broadcast publicly, and in the event she actually got lucky and was allowed to leave the scene and delete her social media if nothing else, if not avoid alerting a colleague that may have overheard her beaotching about her noisey upstairs neighbor costing her sleep. Or perhaps even a partner that hooked her up with zip bags of weed to plant. Who knows?

What matters is somebody, most certainly AG, DECEIVED 911 DISPATCH when she called in to report her homicidal crime.

I am sure this is why the actual 911 call hasn't been released as of yet.

It is also quite clear she gave conflicting versions of how she gained access into BSJ's apartment, which leaves a strong presumption of GUILT, and where he actually was when she killed him. The lights on or off thing, it was so dark and so many other un-reconcilable issues that condemn her leads a reasonable person to believe she was undercharged and more damning truth is known that hasn't been shared with the pulbic.

No there was not a separate. It stated “security guard”

 

[DisturbedConcerned]

I believe the actual 911 call and her conflicting versions of events stand on their own to proceed with a murder charge and obstruction of justice charges.

The false statements and deception remove the concern for proving why she was actually there and shifts the burden onto her.

My guess is they have enough to go for capital murder and if the jury isn't compelled, go for a lesser included which could be her current charge.

19.03 (c) If the jury or, when authorized by law, the judge does not find beyond a reasonable doubt that the defendant is guilty of an offense under this section, he may be convicted of murder or of any other lesser included offense.

PENAL CODE CHAPTER 19. CRIMINAL HOMICIDE

This explains the charges that are/could be brought against AG. After reading this in detail, the "intent" of her appearance at BSJ's apartment will determine her fate. If it is proven she lodged a complaint against him, or was acting in a rent-a-cop capacity responding to a complaint, I think the Prosecutor will go for murder. That being said, she could still get 2-20 for manslaughter, which would be easy to prove. The records from the apartment complex will be critical to the case.

Amateur opinion and speculation

 

[DisturbedConcerned]

I'll assume you have no answer to the garbage spewed by the very boring FOP spokesman whose insulting propaganda is rife with distortion of truth and obfuscation of reality perpetrated upon the public and should have him charged and disbarred if he is an attorney, and if he isn't, then the attorney who wrote and signed off on that speech, disbarred and charged.

My guess is you have no understanding of the subject matter to speak to it?

Let me explain this for anyone interested who may not understand the workings of Crim. P. as relates to the FOP's insulting chief of propaganda, so it would seem,

This is a political prosecution, the likes of which are moved by many in the community that are SICK OF SENSELESS AND NEEDLESS killings which are historically NEVER PROSECUTED IN THE AREA.

The DA, INSTEAD of having HIS grand jury rubber stamp a True Bill for any charge against the officer that he wanted, had a General Sessions judge sign the arrest warrant.

This means the officer's first appearance will be in General Sessions for a preliminary hearing AND NOT criminal court for arraignment.

In General Sessions, all that will be determined is Probable Cause and if, after hearing both sides and considering their evidence, the judge will, or will not, determine probable cause exists TO BIND THE FELONY CHARGE over to a grand jury who MAY or MAY NOT indict him.

He is afforded the right to defend himself under the presumption that until he is indicted for the famous felony crime, he actually cannot be prosecuted with actual jeopardy attached until that happens. State law and Constitutions for/of the state and USA.

Typically, normal people are indicted by a grand jury and are not afforded so many chances to get the charge dismissed. An indictment precludes by the rules from having a 5E preliminary hearing, UNLESS you can show a Rule 6 or Title 22 violation with the grand jury, which is RARE.

So, despite all the propaganda the FOP guy is broadcasting, the pretense of it is false, deceptive and misleading. If they are pulling for this officer, and they are, they should be thrilled this path was chosen affording the officer several chances to get a dismissal before he is arrainged and the cost/burden of getting the same in Criminal Court is much higher and much less likely.

To present this gift given to the officer implies misconduct or abuse at the hands of the DAG who is stuck between a rock and a hard place, IS UNCONSCIONABLE.

This is the kind of FOP BS that I'm talking about as well as other defending antics which are far more insulting as they require no familiarity with how the processes actually work, or are supposed to work.

Here is the video again.

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Form your own opinion asking why he is talking the trash he is, My conclusion is the FOP wants no proceedings that challenge officer's training and conduct even when it appears they are killing for sport or have even lost their minds showing a patent and deliberate disregard for their victims' rights. The same people they are supposed to serve and protect.

 

[Rocco]

Reckless with respect to arriving at the "wrong apartment" only if you believe only one of her two conflicting stories and then believe the other story was a careless error made by the affiant that swore sufficient cause to secure the first search warrant.

Do you?

I believe she went to the wrong apt. I don't believe either of her conflicting stories of what happened then.

Even if one of her stories is true, it doesn't matter whether he opened the door and she shot him or she got the door open, saw a silhouette and shot him.

She never claimed he had a weapon. She never claimed he tried to attack her. She never claimed she acted in self defense. She never claimed she accidentally shot him.

She intentionally shot and killed him---bottom line.

 

[TDoc72]

Right now I’m on manslaughter/murder fence. Sometimes I teeter one way or the other but I haven’t firmly made up my mind. I do think she was reckless at the very least.
I still want:
—the 9-1-1 tape
—her tox report
—door & elevator reports
—any noise reports by her

So are we all just waiting or are there any court dates?

 

[Thora_Jay]

September 29th would have been Botham’s 27th Birthday.

 

[mickey2942]

September 29th would have been Botham’s 27th Birthday.

That is heartbreaking for his family and friends. He appeared to be a young man with a lot of goals, and a gifted singer.

If his killer walks free, with her fairytale story, Texans should bow their heads in shame.

 

[Lillymac]

I want the link that says the Dallas PO has been charged with the murder of Jean please.

 

[Betty P]

Right now I’m on manslaughter/murder fence. Sometimes I teeter one way or the other but I haven’t firmly made up my mind. I do think she was reckless at the very least.
I still want:
—the 9-1-1 tape
—her tox report
—door & elevator reports
—any noise reports by her

So are we all just waiting or are there any court dates?

Not sure about more info, it seems pretty clear to me. She didn't accidentally discharge her weapon. She pulled her gun deliberately, aimed and fired it, twice, at a man. She could see that man and knew it was a person she was shooting at. There's nothing accidental in that scenario.