GUILTY TX - Former Dallas Police Officer Amber Guyger, indicted for Murder of Botham Shem Jean #8

Status
Not open for further replies.
  • #481
The castle doctrine was “merged” with the mistake of fact, AFAIK. If the jury found the mistake of fact to be reasonable the castle doctrine *could* be applied by them.
But yeah, essentially that’s why this is a case that is first of its kind. Many people have said the world will just forget this, but I think this case will be taught in law schools in the future, especially if any appellate court issues a decision. It definitely could set precedent for the future.
Is it correct to say that if she had disallowed Castle, it could have been grounds for an appeal and she was taking care of that by allowing it?
 
  • #482
I am with you, I think the investigation is appropriate and she could be sanctioned. But as far as her trial actions I think she did a great job.

I really admired how she ran her courtroom. She had complete control, but exercised it with humor and approachability. Knowing sequestration is difficult for jurors, she respected their time by moving the trial along at a brisk pace. Her rulings, and her tone with both sides at trial, seemed entirely impartial. I had no sense of her favoring one side or the other.

My appreciation for the judge was in no small part why I was surprised then disturbed by her actions post- sentencing.
 
  • #483
except for allowing the castle law , that's really concerning when you are in someone else's castle it could open a can of worms we don't want!
I am glad she let that in but it could have really confused some jurors that were less certain than this group...on the other hand one less appeal issue.
 
  • #484
This will be my last post on this particular thread. I feel that it has completed. Have enjoyed the discussion and input by all my WS friends. See you later.
 
  • #485
The castle doctrine was “merged” with the mistake of fact, AFAIK. If the jury found the mistake of fact to be reasonable the castle doctrine *could* be applied by them.
But yeah, essentially that’s why this is a case that is first of its kind. Many people have said the world will just forget this, but I think this case will be taught in law schools in the future, especially if any appellate court issues a decision. It definitely could set precedent for the future.


The castle doctrine should be preserved for the protection of the legitimate occupant, not some murderous intruder no matter the circumstances. Period. No merging.
 
  • #486
It is easy , it would be just as easy for me in person. One of my good friends killed another good friend accidentally but still did 20 years he is out and we are still friends, but he knows I felt he needed to do his time , because like Amber what he did was rather dumb and the other person had a promising life and career .
I’m so sorry for your loss, that sounds awful.

Just applying it to this case, what’s kind of extra crazy about TX laws, the murder statute allows for “intent” or “knowing” to be the mental state in a murder conviction. So even if this had been an accident rather than a mistake (example: AG thought her gun wasn’t loaded and didn’t have an actual intent to kill) she would’ve still been guilty of murder.
 
  • #487
  • #488
  • #489
  • #490
  • #491
I'm glad jurors spoke out. I still don't agree with their decision of 10 years, but they clearly deliberated in good faith and thoughtfully, and followed the law in reaching their decision.

Ironically, I think the fact Amber was a cop actually worked in her favor. It sounds like at least some jurors compared her decision to shoot to kill with the decisions by other cops to fire (upon blacks) at will.

If that was their point of reference, then Amber gets the benefit of the doubt. She shot "by mistake," thinking the apartment her own, rather than intentionally, as in, thinking a black man in a pulled over car was reaching for a gun, not his registration.

I wonder what sentence they would have given if Amber hadn't been a cop, if she had been just a gun-toting white woman who mistakenly went to the wrong apartment, opened the door, and shot to kill?
 
  • #492
The Jury sent a note to the Judge with questions regarding manslaughter and castle doctrine. This tells me they did not immediately focus in on the murder charge. I would love to know what questions they asked.

One question answered. :) (Assume you read what the jurors speaking out said about how quickly they agreed on verdict of murder).
 
  • #493
Prosecutors had asked jurors to sentence Amber Guyger to 28 years, which was how old her neighbor Botham Jean would have been if he was still alive. But one of the two jurors — a white man who wasn’t named by ABC News — said the jury was moved by testimony from Jean’s family and friends, who described his deep faithand caring nature.

“We all agree that (the shooting) was a mistake, and I don’t think Bo would want to take harsh vengeance,” the juror said, referring to Jean by his nickname. “I think he would want to forgive her.”

“I know a lot of people are not happy about the 10 years,” she said. “But I felt like ... this case was not like any other case.”

“Those officers that killed unarmed black men, when they got out, they went back to living their lives,” she said. “Amber Guyger, ever since she killed that man, she has not been the same. She showed remorse and that she’s going to have to deal with that for the rest of her life.”
Juror: Botham Jean wouldn't have wanted 'harsh vengeance'

 
  • #494
  • #495
I'm glad jurors spoke out. I still don't agree with their decision of 10 years, but they clearly deliberated in good faith and thoughtfully, and followed the law in reaching their decision.

Ironically, I think the fact Amber was a cop actually worked in her favor. It sounds like at least some jurors compared her decision to shoot to kill with the decisions by other cops to fire (upon blacks) at will.

If that was their point of reference, then Amber gets the benefit of the doubt. She shot "by mistake," thinking the apartment her own, rather than intentionally, as in, thinking a black man in a pulled over car was reaching for a gun, not his registration.

I wonder what sentence they would have given if Amber hadn't been a cop, if she had been just a gun-toting white woman who mistakenly went to the wrong apartment, opened the door, and shot to kill?
Interesting...for me the fact she was a trained officer meant that she of all people had a pretty big "tool box" to choose from....lots of options....as a person no stranger to dangerous situations. Had this been just a gun toting woman (with permits etc) frankly still murder but I might have gone a bit lighter on sentence than the 28.
 
  • #496
Big conference on fox 4 FaceBook livefeed now !!!!!!
ETA Im late :)
 
  • #497
  • #498
200 officers on the list that cant testify in Dallas because they have been proven untrustworthy!!!!
 
  • #499
Any idea what prison AG is serving time at?
 
  • #500
Impressive press conference and glad to see the family all going back to St Lucia (not sure about sister as she has family in nyc). I don't think they will be back to DFW at least for 5 years. I am glad to see her turn it over to the locals. Based on past experience not optimistic that things will change but hope to be wrong.
 
Status
Not open for further replies.

Members online

Online statistics

Members online
85
Guests online
2,243
Total visitors
2,328

Forum statistics

Threads
633,158
Messages
18,636,589
Members
243,417
Latest member
Oligomerisation
Back
Top