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

[imstilla.grandma]

Snip:
In an arrest affidavit written by The Texas Rangers she tells them "….she saw a large silhouette, drew her fire arm, gave verbal commands that were ignored and she fired her handgun two times."

Randy Blankenbaker is a former Dallas Assistant Chief who just months ago lead the homicide division. "I would have treated this as an officer-involved shooting based on what I read in the arrest affidavit,” said Blankenbaker.

He says Dallas officers are advised to change out of their uniforms before they leave work because if they get involved in an incident in Dallas, they are presumed to be acting as an officer.

"If you are in uniform. If you are in the city and you are giving commands and you use your weapon, you should expect it will be treated as an officer involved shooting,” said Blankenbaker.

Officers are trained to use the least amount of force. “They should only use the amount of force necessary to bring someone into custody,” said Blankenbaker.

But, the department says this case is extremely unusual because Guyger claims she thought she was in her apartment. Texas law allows residents to shoot an intruder.

So, it was classified as a homicide. Former Police Chief David Brown spoke to ABC News.

"From start to where we are now none of the protocols have been applied and it's extremely frustrating to citizens trying to understand what is happening, what is true because so many details and questions have been left unanswered,” said Brown. End Snip:
Questions unanswered about the investigation of Botham Jean shooting

 

[imstilla.grandma]

However, attorney Lee Merritt said according to witnesses he's talked with, that conflicts with their statements. Merritt said at least two witnesses claimed to have heard knocking on a door followed by the voice of a woman, believed to be 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.

One of the witnesses said after she heard the gunshots go off, she heard a male voice say, "Oh my God, why did you do that?"

The attorney said he's passed this information on to the Dallas County District Attorney's Office.

"For them, it began to change the direction of how they were looking at the case," he said.

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."

Merritt also said Jean purposely purchased a red doormat, which was outside his door the night of the shooting, to make sure no one would mistake his apartment for another.

"In fact, to ensure no one mistook his apartment, the way this officer is claiming in this case, he went out and bought the biggest, brightest, red rug and placed it right there at his doorstep," the attorney said.

Attorneys said they believe the affidavit is an attempt to "condone what happened, give her a break."

The attorneys also questioned why the Dallas Police Department handed over the investigation to the Texas Rangers after Chief Renee Hall announced they planned to charge Guyger with manslaughter.
Attorneys for Botham Jean: Arrest warrant trying to 'condone' shooting, Guyger's actions

 

[sloane7777]

Snip:
In an arrest affidavit written by The Texas Rangers she tells them "….she saw a large silhouette, drew her fire arm, gave verbal commands that were ignored and she fired her handgun two times."

Randy Blankenbaker is a former Dallas Assistant Chief who just months ago lead the homicide division. "I would have treated this as an officer-involved shooting based on what I read in the arrest affidavit,” said Blankenbaker.

He says Dallas officers are advised to change out of their uniforms before they leave work because if they get involved in an incident in Dallas, they are presumed to be acting as an officer.

"If you are in uniform. If you are in the city and you are giving commands and you use your weapon, you should expect it will be treated as an officer involved shooting,” said Blankenbaker.

Officers are trained to use the least amount of force. “They should only use the amount of force necessary to bring someone into custody,” said Blankenbaker.

But, the department says this case is extremely unusual because Guyger claims she thought she was in her apartment. Texas law allows residents to shoot an intruder.

So, it was classified as a homicide. Former Police Chief David Brown spoke to ABC News.

"From start to where we are now none of the protocols have been applied and it's extremely frustrating to citizens trying to understand what is happening, what is true because so many details and questions have been left unanswered,” said Brown. End Snip:
Questions unanswered about the investigation of Botham Jean shooting

BBM this is exactly what I said up thread and everyone around is trying to make it seem like it wasn't a police shooting when you have the uniform on you are a cop, also shows she doesn't follow rules, if they want you to take off your uniform so they wont be liable for a indecent and she didn't, well it looks as if they might just be liable- I wonder if THAT is technically why she was fired.

 

[Hraefn]

I believe the officer's story. a case of mistaken apartment identity.

But even believing the story does not mean it was justified to shoot a weapon. It's a two part issue:
First, whether she actually believed the story she claims as it occurred; second, whether that belief was a reasonable justification for utilizing deadly force.

 

[Hraefn]

Try entering the url at outline.com

Paywall...can't access either article

 

[Hraefn]

When one of two people in a confrontation has a loaded and drawn gun, size, gender, race and age don't matter.

But unfortunately it is merely one of those characteristics that cause the draw of weapon to begin with

 

[Hraefn]

Well put and I totally agree.

I think her explanation is going to simply be "I was in my apartment and saw an intruder" - end of. The defense has to convince the jury that the castle doctrine applies. Although this is complete and utter BS, I am fearful of the Texas ethos that could give her a pass.

I can't help but wonder what we'd be talking about if it were he who walked into her apartment and shot her. IMO he'd be convicted and locked up for life already. There is such a double standard here it's pathetic.

Exactly. It will all come down to whether or not the TX jury finds her actions reasonable, including the action of mistaking the apartment.

 

[Indy Anna]

<RSBM>

Randy Blankenbaker is a former Dallas Assistant Chief who just months ago lead [sic] the homicide division. "I would have treated this as an officer-involved shooting based on what I read in the arrest affidavit,” said Blankenbaker.

He says Dallas officers are advised to change out of their uniforms before they leave work because if they get involved in an incident in Dallas, they are presumed to be acting as an officer.

"If you are in uniform. If you are in the city and you are giving commands and you use your weapon, you should expect it will be treated as an officer involved shooting,” said Blankenbaker.

Officers are trained to use the least amount of force. “They should only use the amount of force necessary to bring someone into custody,” said Blankenbaker.

I think this will be a main point in the prosecution's case. The DPD makes it clear that AG was "acting as an officer" since she was still wearing her uniform and supposedly "giving commands." The decision to use her gun, according to department policy, implies she was attempting to take BSJ into custody while using the least amount of force necessary. So, what crime, according to the defense, was BSJ committing and was the amount of force used really necessary? I don't know what evidence they could present to support that unless they plan to pin the MJ possession on BSJ. First, they would have to prove the MJ found in the apartment belonged to BSJ -- I don't believe it did. I think the prosecution has a strong case against AG and I certainly hope it holds up in court (as it should) because this is one of the most heartbreaking, tragic cases I have seen and there is just no reason why it should have ever happened. MOO

 

[sloane7777]

<RSBM>

I think this will be a main point in the prosecution's case. The DPD makes it clear that AG was "acting as an officer" since she was still wearing her uniform and supposedly "giving commands." The decision to use her gun, according to department policy, implies she was attempting to take BSJ into custody while using the least amount of force necessary. So, what crime, according to the defense, was BSJ committing and was the amount of force used really necessary? I don't know what evidence they could present to support that unless they plan to pin the MJ possession on BSJ. First, they would have to prove the MJ found in the apartment belonged to BSJ -- I don't believe it did. I think the prosecution has a strong case against AG and I certainly hope it holds up in court (as it should) because this is one of the most heartbreaking, tragic cases I have seen and there is just no reason why it should have ever happened. MOO

GREAT POST!!! and I really would like to see her toxicology ....so bad!!!!

 

[sloane7777]

But unfortunately it is merely one of those characteristics that cause the draw of weapon to begin with

Yes sadly it is !

 

[mickey2942]

GREAT POST!!! and I really would like to see her toxicology ....so bad!!!!

I have doubts that I will even believe the results. So cynical about this entire situation.

It makes me believe that the folks who let OJ go were sending a message. They didn't believe in the integrity of the investigation. I can completely see this now.

 

[Rocco]

But unfortunately it is merely one of those characteristics that cause the draw of weapon to begin with

Maybe in most cases, but I'm thinking this trigger happy woman would have shot at anyone she thought was an intruder in her apt. I saw some of the things she posted on social media before it was deleted and wow. She just didn't portray the image of 'a police officer is your friend'. I wonder if those things can come in at trial? They're deleted but not before screenshots were taken so they're still out there for all to see.

 

[mickey2942]

Maybe in most cases, but I'm thinking this trigger happy woman would have shot at anyone she thought was an intruder in her apt. I saw some of the things she posted on social media before it was deleted and wow. She just didn't portray the image of 'a police officer is your friend'. I wonder if those things can come in at trial? They're deleted but not before screenshots were taken so they're still out there for all to see.

Agreed. She seemed like someone trying to act bad, bully, and really portrayed herself on Social Media as what I see as the very worst attributes and attitudes of a unstable, scary person who has some sort of power trip complex. She shouldn't have access to any weapons.

She wanted to shoot someone. A complete loose cannon with a trigger happy attitude. Like she is some bad azz cop beech. Whatever. If this is the type of folks Dallas is hiring for their department, no wonder they have problems.

 

[Jewels53]

I didn't know if you all knew that Court TV is going to follow this case and be in the courtroom during the trial.

https://www.courttv.com/title/9-10-19-court-tvs-next-big-trial-tx-v-amber-guyger/

 

[Rocco]

I didn't know if you all knew that Court TV is going to follow this case and be in the courtroom during the trial.

https://www.courttv.com/title/9-10-19-court-tvs-next-big-trial-tx-v-amber-guyger/

I sure didn't--thanks for your post!!

 

[CrimeDawg123]

Agreed. She seemed like someone trying to act bad, bully, and really portrayed herself on Social Media as what I see as the very worst attributes and attitudes of a unstable, scary person who has some sort of power trip complex. She shouldn't have access to any weapons.

She wanted to shoot someone. A complete loose cannon with a trigger happy attitude. Like she is some bad azz cop beech. Whatever. If this is the type of folks Dallas is hiring for their department, no wonder they have problems.

I didn't know women could get short-man syndrome!

 

[imstilla.grandma]

*older article - contains a few quotes from residents:

"How can you make a mistake like that, getting into someone else's apartment?" said 80-year-old Raquel, who has lived in the complex for less than a year. "Don't they train police?"
Dallas officer faces manslaughter charge for shooting man in apartment she thought was hers, police chief says

 

[imstilla.grandma]

At a town hall meeting this week, audience members pressed the chief: Why hasn't Guyger been fired?

"I can't do that because there are both local, state and federal laws that prohibit me from taking action," Hall said, according to WFAA-TV (Channel 8).

She didn't specify the laws she was referring to, Channel 8 reported.

On Thursday, Hall said that she doesn't want to interfere with the criminal investigation into the shooting.

"As an employer, DPD can compel Officer Guyger to provide a statement during a DPD administrative investigation and those statements given to DPD could potentially compromise the criminal investigation," Hall said in a written statement.

"That is not a risk I am willing to take. We cannot let the criminal case be determined on a 'technicality' rather than the facts," she said.

While it's typical for Dallas police to wait for a criminal indictment of an officer before firing them, Hall has the power to bypass normal disciplinary procedures to make an immediate employment decision.

The department's general orders, which lay out the policies under which Dallas police operate, say Hall can circumvent normal procedures if she "deems it necessary to preserve the integrity of the department."

It's typical for the Dallas department to wait for a criminal investigation to conclude before undertaking an internal investigation. And in this case, the Texas Rangers asked the police to wait to start the internal investigation, Taylor said last week.

“Without the internal investigation, we won't even speculate or speak toward Amber's employment status,” he said.

Taylor said Wednesday the Rangers' criminal investigation wouldn't be considered complete until "the court proceedings are complete."

He said the chief wouldn't circumvent procedure to make an employment decision regarding Guyger without an internal investigation.

The next day, the police chief said Guyger should be criminally charged. Some critics have said the chief should fire someone she thinks committed a crime.

John Fullinwider, co-founder of Mothers Against Police Brutality, said Hall was “undercutting” her own statements by not firing Guyger.

Typically, Dallas officers aren't fired until they have been indicted on a criminal charge.

Dallas police chief says she can't yet fire Amber Guyger, but it's been done before

 

[mickey2942]

At a town hall meeting this week, audience members pressed the chief: Why hasn't Guyger been fired?

"I can't do that because there are both local, state and federal laws that prohibit me from taking action," Hall said, according to WFAA-TV (Channel 8).

She didn't specify the laws she was referring to, Channel 8 reported.

On Thursday, Hall said that she doesn't want to interfere with the criminal investigation into the shooting.

"As an employer, DPD can compel Officer Guyger to provide a statement during a DPD administrative investigation and those statements given to DPD could potentially compromise the criminal investigation," Hall said in a written statement.

"That is not a risk I am willing to take. We cannot let the criminal case be determined on a 'technicality' rather than the facts," she said.

While it's typical for Dallas police to wait for a criminal indictment of an officer before firing them, Hall has the power to bypass normal disciplinary procedures to make an immediate employment decision.

The department's general orders, which lay out the policies under which Dallas police operate, say Hall can circumvent normal procedures if she "deems it necessary to preserve the integrity of the department."

It's typical for the Dallas department to wait for a criminal investigation to conclude before undertaking an internal investigation. And in this case, the Texas Rangers asked the police to wait to start the internal investigation, Taylor said last week.

“Without the internal investigation, we won't even speculate or speak toward Amber's employment status,” he said.

Taylor said Wednesday the Rangers' criminal investigation wouldn't be considered complete until "the court proceedings are complete."

He said the chief wouldn't circumvent procedure to make an employment decision regarding Guyger without an internal investigation.

The next day, the police chief said Guyger should be criminally charged. Some critics have said the chief should fire someone she thinks committed a crime.

John Fullinwider, co-founder of Mothers Against Police Brutality, said Hall was “undercutting” her own statements by not firing Guyger.

Typically, Dallas officers aren't fired until they have been indicted on a criminal charge.

Dallas police chief says she can't yet fire Amber Guyger, but it's been done before

Guyger was fired after Lee Merritt and Sean King put the pressure. The church folks pushing coffins around the Dallas Cowboys stadium before the games was enough pressure for Hall to "miraculously" find an administrative policy that magically appeared, when it was evident that the marches would continue and possibly escalate until Guyger was fired.

Dallas officer Amber Guyger fired after manslaughter charge for killing Botham Jean

 

[Catmommy]

I didn't know women could get short-man syndrome!

Guns make some people feel powerful, in control and ten feet tall (mooooooooooooooo). Having been victimized before, I was very surprised when I got my first weapon how different I felt. Of course, I haven't shot and have no plans to shoot anyone ever. I'm just saying that if you were a person who embraced a certain way of thinking in the first place (as scrubbed social media may or may not show) and you already had a preemptive type mindset, no one is safe around you, whomever you might be, especially if you're member of LE.