GUILTY TX - Former Dallas Police Officer Amber Guyger, indicted for Murder of Botham Shem Jean #6

[mickey2942]

This is not totally related but I wonder if any of her arrests which concluded with a conviction will be revisited.

I believe that Nine trials that involved arrests that AG made, had set aside verdicts. Because AG's testimony would have been completely destroyed on cross examination by defense, because of her dismissal from Dallas PD.

There may be some "look back" on arrests, but unlikely to be done by Dallas PD. It would have to be individuals who have cause.

 

[PaulR]

Another bully gets theirs. Hope they put her in general population.

 

[imstilla.grandma]

Ex-Dallas officer who killed neighbor found guilty of murder
HOGP | Updated 9 minutes ago

This Tuesday, Oct. 1, 2019, booking photo provided by the Dallas County Sheriff's Department shows former Dallas Police Officer Amber Guyger. Guyger, who shot her black unarmed neighbor Botham Jean to death after, she said, mistaking his apartment for her own, was convicted of murder Tuesday.
Ex-Dallas officer who killed neighbor found guilty of murder

 

[gitana1]

And in Michigan, a man went to prison for the same thing. The person trying to break in was drunk, under age, fled the scene of an accident she caused, and was banging on his house then trying to enter the front door. He is a white male with no criminal record, long term employment and a homeowner, and she was a black teen in the commission of multiple crimes at 2AM, and he thought it was a home invasion.

re: 2014 Michigan v Theodore Wafer

That's rare.

 

[imstilla.grandma]

Tuesday night Amber Guyger is spending her first night on the other side of the cell bars; taken into custody following her conviction for the murder of Botham Jean on Sept. 6, 2018.

She is facing a sentence of 5 to 99 years in prison. Guyger was taken into custody at the end of today’s proceedings, but District Judge Tammy Kemp did not allow the cameras to capture the moment.
https://northdallasgazette.com/2019/10/01/amber-guyger-in-custody-following-murder-conviction/

 

[TristanP]

The judge is going to allow AG's Pinterest account to be presented during sentencing.

I’ve missed the Pinterest stuff...what’s on there?

 

[Amber29]

And in Michigan, a man went to prison for the same thing. The person trying to break in was drunk, under age, fled the scene of an accident she caused, and was banging on his house then trying to enter the front door. He is a white male with no criminal record, long term employment and a homeowner, and she was a black teen in the commission of multiple crimes at 2AM, and he thought it was a home invasion.

re: 2014 Michigan v Theodore Wafer

Wow really?? I mean I’m sure it’s Texas law that kept this lady safe from charges but that is terrible!

 

[imstilla.grandma]

One image saved by Guyger shows a military sniper with overlaid text that reads: “Stay low, go fast; kill first, die last; one shot, one kill; no luck, all skill.”

Another post saved by Guyger reads: “I wear all black to remind you not to mess with me, because I’m already dressed for your funeral.”

She also made a comment underneath in which she said she had a gun, shovel and gloves.

“Yah I got meh a gun a shovel an gloves if i were u back da f— up and get out of meh f—ing a–,” the comment reads.

“People are so ungrateful,” Guyger commented under a post of a Minion character from “Despicable Me” with the text, “No one ever thanks me for having the patience not to kill them.”

Jurors craned their necks to get a view of the screen as the prosecution displayed the evidence Tuesday afternoon. But Guyger looked straight ahead and did not visibly acknowledge the jury.

Jurors will remain sequestered at a local hotel until they decide on Guyger’s sentence, which can range from five to 99 years.

At the end of the day Tuesday, Guyger was taken into custody outside the presence of the jury. Kemp ordered the courtroom cleared and the live video feed cut before deputies arrested her.

Guyger, who isn’t allowed an appeal bond, was later booked into the Dallas County jail, where she will remain.
Video: State reveals Amber Guyger's racist and violent texts, social media comments during sentencing phase - St. Lucia News Online

 

[btfly547]

I hope she dedicates her life to making restitution to his family, and trying to do something productive and good with her life. I am not sure how many years she should serve, really. In the end, would it make a difference to his family if it were on the longer or shorter end of the 5-99 range?

Regarding the red highlighted, I doubt that will happen. If she had gotten off then a very small maybe, but not now that she's being sent away. She was racist before this happened, on trial said this was not about hate, now I'm sure she's back to her true self.

Regarding the blue highlighted. I think the sentencing makes a difference. I lost a somewhat distant relative to manslaughter almost 20 years ago. The murderer got 20 years and got out after about 12 or so. He was still a young man in his early 40's when released. Still time to have a very full life.
I personally would not be happy with 5 if I were his family, 10 would be a start but only if she would serve all 10.
I think somewhere around 15-25 years is what I would go for. She's 31, I would not be happy with her getting out at age 41.

It's not so much the shooting/murder it's all the surrounding facts that will give her a harsher punishment.
No CPR but having time to text instead, never holding compression, not calling for backup, texting about drinking 2 days after the murder, the racist texts, the trigger happy social media posts and what a lot of us (and more than likely the jury) feel are lies on the stand about not knowing how to do CPR.

She said she feels terribly about what happened. If she really felt guilty then why not plead guilty, do tons of community service before sentencing, beg for mercy and tell the judge your plan to accept your fate and how you plan to do better once out?

 

[rosesfromangels]

One image saved by Guyger shows a military sniper with overlaid text that reads: “Stay low, go fast; kill first, die last; one shot, one kill; no luck, all skill.”

Another post saved by Guyger reads: “I wear all black to remind you not to mess with me, because I’m already dressed for your funeral.”

She also made a comment underneath in which she said she had a gun, shovel and gloves.

“Yah I got meh a gun a shovel an gloves if i were u back da f— up and get out of meh f—ing a–,” the comment reads.

“People are so ungrateful,” Guyger commented under a post of a Minion character from “Despicable Me” with the text, “No one ever thanks me for having the patience not to kill them.”

Jurors craned their necks to get a view of the screen as the prosecution displayed the evidence Tuesday afternoon. But Guyger looked straight ahead and did not visibly acknowledge the jury.

Jurors will remain sequestered at a local hotel until they decide on Guyger’s sentence, which can range from five to 99 years.

At the end of the day Tuesday, Guyger was taken into custody outside the presence of the jury. Kemp ordered the courtroom cleared and the live video feed cut before deputies arrested her.

Guyger, who isn’t allowed an appeal bond, was later booked into the Dallas County jail, where she will remain.
Video: State reveals Amber Guyger's racist and violent texts, social media comments during sentencing phase - St. Lucia News Online

Here’s a question for those of you in the know. I’m guessing she’ll get 20 years but be out in five. Is that possible, or would she have to do half her sentence? Or, can she get time for good behavior, etc?

Amateur opinion and speculation

 

[Cindizzi]

Tuesday night Amber Guyger is spending her first night on the other side of the cell bars; taken into custody following her conviction for the murder of Botham Jean on Sept. 6, 2018.

She is facing a sentence of 5 to 99 years in prison. Guyger was taken into custody at the end of today’s proceedings, but District Judge Tammy Kemp did not allow the cameras to capture the moment.
https://northdallasgazette.com/2019/10/01/amber-guyger-in-custody-following-murder-conviction/

Thank you @imstilla.grandma for all the links.

 

[CrimeDawg123]

Regarding the red highlighted, I doubt that will happen. If she had gotten off then a very small maybe, but not now that she's being sent away. She was racist before this happened, on trial said this was not about hate, now I'm sure she's back to her true self.

Regarding the blue highlighted. I think the sentencing makes a difference. I lost a somewhat distant relative to manslaughter almost 20 years ago. The murderer got 20 years and got out after about 12 or so. He was still a young man in his early 40's when released. Still time to have a very full life.
I personally would not be happy with 5 if I were his family, 10 would be a start but only if she would serve all 10.
I think somewhere around 15-25 years is what I would go for. She's 31, I would not be happy with her getting out at age 41.

It's not so much the shooting/murder it's all the surrounding facts that will give her a harsher punishment.
No CPR but having time to text instead, never holding compression, not calling for backup, texting about drinking 2 days after the murder, the racist texts, the trigger happy social media posts and what a lot of us (and more than likely the jury) feel are lies on the stand about not knowing how to do CPR.

She said she feels terribly about what happened. If she really felt guilty then why not plead guilty, do tons of community service before sentencing, beg for mercy and tell the judge your plan to accept your fate and how you plan to do better once out?

Thanks for your post and sharing your story of your relative. It makes a lot of sense. I hope she changes her ways but wouldn't count on it.

"If she really felt guilty then why not plead guilty" - I wondered that the other day when she was on the stand saying how sorry she was.

 

[CrimeDawg123]

Here’s a question for those of you in the know. I’m guessing she’ll get 20 years but be out in five. Is that possible, or would she have to do half her sentence? Or, can she get time for good behavior, etc?

Amateur opinion and speculation

The defense lawyer on WFAA said it is usually 3 to 1. I don't know what he meant by that. If you are sentenced 30 years you get out in 10? Maybe someone here knows.

 

[imstilla.grandma]

As deliberations in Amber Guyger’s murder trial began, the overwhelming narrative surrounding the case was how Judge Tammy Kemp allowed the jury to consider a law that could interpret the shooting of Botham Jean as self-defense.

Fast forward not even 24 hours later and Kemp was being hailed as a legal genius.

In retrospect, that was true of her from the moment she was assigned the case. But because of the uncertainty of securing justice for white police killing unarmed Black people, no one knew what to expect regardless of the judge’s race. But much like with Black women in general, people should have known better than to doubt Kemp’s ability.

Judge Tammy Kemp is not playing any games.

She was also widely credited for maintaining control in the court, including when she hushed the cheers while delivering the verdict and when she confiscated a laptop in courtbecause it played music and make other disruptive noises.

She seemed to be applying the law evenly when she sustained and overruled objections from both the prosecution and the defense.

The Honorable Tammy Kemp
Presiding Judge of the 204th Judicial District Court in Dallas County, Texas
*literally the power that she has.
The impact!
The influence!
​

Amber Guyger Judge Tammy Kemp Is Praised After Botham Jean Murder Verdict

 

[mickey2942]

Here’s a question for those of you in the know. I’m guessing she’ll get 20 years but be out in five. Is that possible, or would she have to do half her sentence? Or, can she get time for good behavior, etc?

Amateur opinion and speculation

I am guessing 25-30 years, or longer. Depending, she could serve less than half that amount of time, even a third. Probation for the rest. However, Botham Jean's family seems like the type who would show up at every single probation hearing, and be quite vocal in regards to their feelings about AG.

 

[imstilla.grandma]

“For me, her training came into question during this trial so the training process at DPD must be addressed,” Senior Pastor of Friendship-West Baptist Church Dr. Frederick D. Haynes III said. ”What is the training process of de-escalation?”

“These are the messages that are being exchanged by those who are sworn to serve and protect us, so we don’t feel safe,” Joy Tabernacle African Methodist Episcopal (A.M.E.) Rev. Dr. Michael Waters said.

“I think every single person that was involved in any way obstructing justice and tried to cover this up needs to be called to account,” Founder and President of the Yaqeen Institute for Islamic Research
Omar Suleiman said.

“There should be a step ladder of achievement that they should get on learning how to master non-lethal means before they are given the right to and the privilege to walk around with your pistol and enforce laws,” Kingz of Cutz’ Gerard Claiborne.
Amber Guyger Murder Conviction Aftermath: 'How Do We Prevent Similar Tragedy From Happening Again?'

 

[imstilla.grandma]

 

[mrjitty]

If you're going to decide to kill someone you better not be making a mistake. Very good differentiation that hadn't made sense to me before now.

100% agree

This was a rabbit hole I went very far down on the Pistorius case. In these "mistake" cases, justification cannot apply. But in the common law, we always still look at the question of criminal culpability. In simple terms did the accused intend to act illegally? So called putative self defence.

One of the problems in analysis is the genuineness and reasonableness of the mistake will tend to weight heavily in any verdict and are hard to separate IMO

Where the conduct is quite outrageous, and the mistake quite unreasonable, the genuineness of the mistaken belief will obviously also be called into question.

tldr; she never believed she faced a threat that could justify opening fire

While this seems obvious from a NZ juris perspective, i feel the situation in the US has become so clouded by stand your ground type laws and LEO practice that seemingly outrageous conduct has been normalised.

I really hope that is wound back now because there is simply no call for shooting on sight like this.

 

[Hraefn]

One day, I came home (and it actually was my house, I wasn’t just perceiving it to be my house) and the front door was slightly ajar.

I immediately returned to my car and called the police to come check my house for any intruders. I didn’t rush in and didn’t even kill anyone!

Turned out the door apparently hadn’t latched right when I left (old fashioned regular door knob) so all was well. (Although I had to warn police my house would appear ransacked even if no one had been inside it lol).

O/T I came home to my apartment door ajar once as well, I also immediately retreated to my vehicle and called 911. My apartment had been broken into and the intruder was gone, but I did not enter until LE cleared the unit. I was 19 and not a trained LEO. But that is when I took a CCL class and bought a firearm for my home.

 

[Hraefn]

I take issue with that. As attorneys we are tasked with separating our emotion from the law. And the attorneys on this thread appear to be in consensus as to what TX law is and how it was applied here.

Logic is and has always been my forte.

Agreed 100%. I try to never deny or disguise my biases from these threads, but there are so many times my feelings and opinions do not at all acquiesce to the laws.