With 4 cops in 3 years indicted on murder charges, Dallas County bucks national trend

[Elderberry]

Dallas Morning News LaVendrick Smith and David Tarrant 9/20/2019

Indicting police officers on murder charges is rare. Even rarer is the officer convicted of murder.

But in recent years Dallas County has been bucking the national trend.

Since 2016, four Dallas-area police officers have been indicted on murder charges. The two who have been tried so far were both convicted and sent to prison.

A third, Amber Guyger, faces trial Monday in the Sept. 6, 2018, killing of Botham Jean, a 26-year-old accountant who was shot in his apartment.

The four-year Dallas police veteran, who has since been fired, was off duty but still in uniform when she confused his apartment for hers, mistook him for a burglar and shot him with her service weapon, she told authorities.

There is a tie that binds the cases of officers who have been convicted of murder or manslaughter charges, says Philip Stinson, a professor of criminology at Ohio's Bowling Green State University.

"In order to obtain a conviction," he said, "the facts of the incident have to be so bizarre that they can't be rationally explained at trial."

Despite the string of murder cases, Dallas County doesn't take charges against police lightly: Of the 50 officer-involved shooting cases put before a grand jury this year, only one resulted in an indictment.

More: https://www.dallasnews.com/news/crime/2019/09/20/with-4-cops-in-3-years-indicted-on-murder-charges-dallas-county-bucks-national-trend/

[Elderberry]

State rests in trial of Dallas cop who shot neighbor

WGEM September 26, 2019

https://wgem.com/2019/09/26/state-rests-in-trial-of-dallas-cop-who-shot-neighbor/

Prosecutors have finished calling witnesses in the murder trial of a white Dallas police officer who fatally shot her unarmed black neighbor.

The prosecution rested Thursday afternoon in Amber Guyger’s trial. State District Judge Tammy Kemp said the trial will resume Friday with the defense presenting its case.

Guyger has she said she mistook Botham Jean’s apartment for her own when she shot him last September. Gugyer, who was off duty but in uniform at the time, was later fired from the force.

[Smokin Joe]

Sorry, but I still don't understand how you would "mistake" someone else's apartment for your own.

Well, not straight or sober, anyway.

[berdie]

I get mistaking what floor you are on and even what door you are opening. (I went to a friend's apartment in one of these new buildings...every floor looks alike). I understand being distracted by the thoughts of the work day or blabbing/texting on the phone and not noticing where you are, or the red rug in front of the door.

What I am having trouble with is what the prosecutor brought up this morning and I had already thought of. The trajectory of the bullet indicated he was not coming at her. She could have backed out and retreated to call for help.

I heard part of her testimony while running errands this a.m. I really don't like to pass judgment on people...but I'll bet she was pretty full of herself as an officer. She got scared and carried away with the moment. That's my story and I'm sticking to it...and I'm glad I'm not on that jury. And I'm doubly glad I'm not her...talk about doing a scary prison sentence.

I usually side with the police. But the lady may be trigger happy and shouldn't be in that particular profession.

[OfTheCross]

Sorry, but I still don't understand how you would "mistake" someone else's apartment for your own.

Well, not straight or sober, anyway.

Yeah...that story makes no sense to me...from my understanding, she was originally indicted on manslaughter and after reviewing the case they bumped it up to murder.

She's going to be seeing significant jail time

[IsailedawayfromFR]

Sorry, but I still don't understand how you would "mistake" someone else's apartment for your own.

Well, not straight or sober, anyway.

Not her only 'mistake' made.

The article said she claimed she mistook the guy for a burglar.

Even though he was sitting on his couch eating a bowl of ice cream.

What type of threat is that?

[GtHawk]

Not her only 'mistake' made.

The article said she claimed she mistook the guy for a burglar.

Even though he was sitting on his couch eating a bowl of ice cream.

What type of threat is that?

So apparently she not only mistook his apartment for hers, but the couch too? I wonder how long they lived in the same complex  and how many times she has seen him there in the past.............or maybe they all look the same to her?

[Sanguine]

I watched a replay of her testimony with her sobbing and wailing.  Not a tear could I see.

[mystery-ak]

Guilty verdict: Dallas ex-cop Amber Guyger, who mistakenly killed neighbor, convicted of murder
Jorge L. Ortiz and John Bacon, USA TODAY Published 11:30 a.m. ET Oct. 1, 2019 | Updated 11:54 a.m. ET Oct. 1, 2019

A Dallas police officer who fatally shot a black neighbor she mistook for an intruder was convicted of murder Tuesday by a jury deliberating for a second day.

Amber Guyger, who is white, had testified that she was exhausted from an extended shift when she walked into the apartment of Botham Jean thinking it was her own. Guyger, 31, said she believed Jean, 26, was a burglar and shot him in self-defense.

But prosecutor Jason Hermus said Guyger should have known she was in the wrong apartment but was distracted by a phone call with a lover. Jean, an accountant from St. Lucia, never posed a threat to Guyger and was eating a bowl of ice cream in his living room when she walked in on Sept. 6, 2018, Hermus said.

“For Amber Guyger, Mr. Jean was dead before that door ever opened,” Hermus said during closing arguments.

Guyger said she parked on the wrong level by mistake and walked down a corridor to the apartment directly above hers, thinking it was her own. She became worried when she noticed the door was unlocked, she said.

more
https://www.usatoday.com/story/news/nation/2019/10/01/dallas-jury-deliberating-fate-cop-who-mistakenly-killed-neighbor/3828562002/

[Cyber Liberty]

I guess the Jury failed to be impressed by her tear-less sobbing.

[Sanguine]

I guess the Jury failed to be impressed by her tear-less sobbing.

Yep.

[mystery-ak]

Really!.....I believed her..albeit I was never privy to local news coverage....1st degree murder..wow...what was the motive? the prosecutor never showed one....manslaughter at best.

[skeeter]

Really!.....I believed her..albeit I was never privy to local news coverage....1st degree murder..wow...what was the motive? the prosecutor never showed one....manslaughter at best.

Maybe a motive was demonstrated but if the prosecutor showed one it was never reported.

From what I heard the officer was guilty of criminally negligent homicide at most.

[berdie]

Maybe a motive was demonstrated but if the prosecutor showed one it was never reported.

From what I heard the officer was guilty of criminally negligent homicide at most.

I agree. I was somewhat surprised at the verdict. No doubt in my mind she is a ding-a-ling that cost a man his life.  But I may have to look to see what constitutes vs criminally negligent homicide. Just wondering what the jury was able to consider.

Whatever the case, she has a tough road to hoe ahead of her. Cops in jail that kill black people...not good. I hear the women are a tougher crowd than even the men are.

[austingirl]

Maybe a motive was demonstrated but if the prosecutor showed one it was never reported.

From what I heard the officer was guilty of criminally negligent homicide at most.

Agree.

[Wingnut]

No riots tonight. 

But an appeal is in order. 

[XenaLee]

Maybe a motive was demonstrated but if the prosecutor showed one it was never reported.

From what I heard the officer was guilty of criminally negligent homicide at most.

There was no motive.  It was a tragic and stupid mistake that cost the life of someone that was minding their own business, but there was no motive to kill that person.   This incident has been turned into yet another "poor black guy like Trayvon Martin, Michael Brown gunned down by evil whitey cop" race-motivated killing by the race-baiting parasites.   And if the victim had been white, we wouldn't be having this conversation.

[Cyber Liberty]

There was no motive.  It was a tragic and stupid mistake that cost the life of someone that was minding their own business, but there was no motive to kill that person.   This incident has been turned into yet another "poor black guy like Trayvon Martin, Michael Brown gunned down by evil whitey cop" race-motivated killing by the race-baiting parasites.   And if the victim had been white, we wouldn't be having this conversation.

If there's no motive, there's no malice aforethought.  How is this Murder?

[XenaLee]

If there's no motive, there's no malice aforethought.  How is this Murder?

It isn't.   But it fits right into to the 'rest' of the Bizarro World/Twilight Zone nightmare that the radical leftists have "fundamentally transformed" America into thus far.   Upside down, inside out, backasswards and falling....

[skeeter]

It isn't.   But it fits right into to the 'rest' of the Bizarro World/Twilight Zone nightmare that the radical leftists have "fundamentally transformed" America into thus far.   Upside down, inside out, backasswards and falling....

Might it be that over-prosecuting in these racially charged cases is done on purpose? The post verdict riot is avoided, the conviction has a good chance of being set aside on appeal after all the race baiters have gone home.

On the other hand it probably would've been easier and cheaper to just file appropriate charges and let justice run its course. But then the DA wouldn't get any political mileage out of the prosecution.

[sneakypete]

Really!.....I believed her..albeit I was never privy to local news coverage....1st degree murder..wow...what was the motive? the prosecutor never showed one....manslaughter at best.

@mystery-ak

I agree. Especially since she was still in her police uniform,and he got off the couch and moved towards her.

[XenaLee]

Might it be that over-prosecuting in these racially charged cases is done on purpose? The post verdict riot is avoided, the conviction has a good chance of being set aside on appeal after all the race baiters have gone home.

On the other hand it probably would've been easier and cheaper to just file appropriate charges and let justice run its course. But then the DA wouldn't get any political mileage out of the prosecution.

The point is... truth no longer matters to these race-obsessed leftists.  I'm not sure it ever did matter.   We now live in a "truth is optional (and inconvenient)" world.

[sneakypete]

There was no motive.  It was a tragic and stupid mistake that cost the life of someone that was minding their own business, but there was no motive to kill that person.   This incident has been turned into yet another "poor black guy like Trayvon Martin, Michael Brown gunned down by evil whitey cop" race-motivated killing by the race-baiting parasites.   And if the victim had been white, we wouldn't be having this conversation.

@XenaLee

And there it is,all of it.

I like (not) the way the DA threw in that she and her boyfriend had been sexting,and she was all hot and bothered from reading these messages,and that was negligence.

Hoo dese dam wimmins tink dey iz to be thinking bout dirty stuff like sex,anieway?  Shame!

[sneakypete]

It isn't.   But it fits right into to the 'rest' of the Bizarro World/Twilight Zone nightmare that the radical leftists have "fundamentally transformed" America into thus far.   Upside down, inside out, backasswards and falling....

@XenaLee

I've been wondering the same thing.

Not to mention wondering why her attorney didn't ask the judge that question.

I see no way in HELL she doesn't win the appeal.

[Smokin Joe]

If there's no motive, there's no malice aforethought.  How is this Murder?

Well, I have one question which has not been answered. What was the officer's Blood Alcohol Content?

For someone whose profession and well being hinges on being situationally aware, not noticing she was on the wrong parking level (yes, most vehicles look alike nowadays, but something different should have been noticed), I'd guess the levels are marked (missed that) Missed the apartment number (usually differs by floors), didn't catch on to the likely different decor in the man's apartment, etc. etc. etc. all reeks of someone who was judgementally compromised.

Is it possible that she was so absorbed in the phone call she missed all that? If so, that is a definite warning to people who spend their time jibber-jabbering instead of paying attention. I have seen enough of them on the road.

But the severity of the charges may not be as much related to motive as being a police officer under the influence of an intoxicant, packing heat and using it in a bad shoot. I don't know the specifics, and this is just speculation at this point.

It may also be that the present conviction is to placate the usual suspects who might accuse everyone involved of racism (and use that to incite violence), otherwise, and will be overturned on appeal, with the sentence lessened.

[Smokin Joe]

@XenaLee

I've been wondering the same thing.

Not to mention wondering why her attorney didn't ask the judge that question.

I see no way in HELL she doesn't win the appeal.

tHat may be the intent in hitting her with Murder 1. If, on review, the conviction can be overturned, she might even walk with time served. (all done quietly after the nooze lens is focused somewhere else)

[berdie]

Well, I have one question which has not been answered. What was the officer's Blood Alcohol Content?

For someone whose profession and well being hinges on being situationally aware, not noticing she was on the wrong parking level (yes, most vehicles look alike nowadays, but something different should have been noticed), I'd guess the levels are marked (missed that) Missed the apartment number (usually differs by floors), didn't catch on to the likely different decor in the man's apartment, etc. etc. etc. all reeks of someone who was judgementally compromised.

Is it possible that she was so absorbed in the phone call she missed all that? If so, that is a definite warning to people who spend their time jibber-jabbering instead of paying attention. I have seen enough of them on the road.

But the severity of the charges may not be as much related to motive as being a police officer under the influence of an intoxicant, packing heat and using it in a bad shoot. I don't know the specifics, and this is just speculation at this point.

It may also be that the present conviction is to placate the usual suspects who might accuse everyone involved of racism (and use that to incite violence), otherwise, and will be overturned on appeal, with the sentence lessened.

This is a great post @Smokin Joe  and covers what I think happened...lack of situational awareness. I'll add panic. I am having a hard time getting my mind around walking into an apartment accidently (I've already admitted that possibility) but then not noticing it wasn't your stuff in there.  In answer to your question, from what the news said she tested negative for both drugs and alcohol. What sunk her was when asked if she intended to kill him after pointing the gun, she said yes. When I was taught to shoot I was told "don't point a gun at a person unless you intend to kill". So I don't find that to be an odd answer.

I just read that the judge, prosecution and defense have said that the jury can consider "sudden passion defense" when considering the verdict. That would drop the 5-99 years for murder to 2-20 years.

I think it is a sad and irresponsible thing that the prosecution spent the morning showing texts and facebook memes that could very well (will be) construed as racist. IMHO this wasn't a racial thing...it was a weird set of circumstances and stupidity on her part. The rabble rousers spent a lot of time on tv after the verdict keeping the dream of protests and possible civil unrest alive. That usually doesn't fly in Dallas, but rest assured that they are just itching for things to not go the way they think they should.

[mystery-ak]

Here's why the jury found Amber Guyger guilty of murder
https://thehill.com/opinion/judiciary/464045-heres-why-the-jury-found-amber-guyger-guilty-of-murder

[berdie]

She got 10 years...could have been much worse.

Hopefully she can live thru it.

Hopefully Dallas doesn't blow up because of this.

[Gefn]

A Texas jury has given former police officer Amber Guyger a 10-year murder sentence for fatally shooting Botham Jean in his Dallas apartment.

The ex-officer’s defense said she mistakenly walked into the wrong apartment and opened fire because she thought Jean was an intruder.

[Previous story, published at 4:44 p.m. ET]

Former Dallas policewoman Amber Guyger may be facing a lighter sentence after prosecutors and defense attorneys agreed to let the jury consider whether she killed Botham Jean under the influence of “sudden passion,” a judge said Wednesday.

The jury was deliberating Guyger’s sentence Wednesday afternoon.

Jurors found Guyger, 31, guilty of murder in Jean’s 2018 killing Tuesday. Witnesses, including Jean’s and Guyger’s family members, have been taking the stand in her sentencing hearing. While it was initially expected Guyger could face a maximum penalty of life in prison, she could now face up to 20 years in prison.


District Judge Tammy Kemp said she at first didn’t understand how sudden passion applied to the case, but she “was informed yesterday afternoon that the state agreed to include sudden passion as part of the charge,” she said, with prosecutors confirming.


(Cut)

https://www.chron.com/news/texas/article/Jury-sentences-white-Dallas-police-officer-to-10-14487009.php

[sneakypete]

 
It may also be that the present conviction is to placate the usual suspects who might accuse everyone involved of racism (and use that to incite violence), otherwise, and will be overturned on appeal, with the sentence lessened.

@Smokin Joe

Yup. She got 10 years,which should go a long ways towards stopping the howling of the Rev-Runds,and chances are in a year or two she will be released for some reason.

In cases like this the facts never matter to anyone. It's all about de Benjamins.

[Cyber Liberty]

@Smokin Joe

Yup. She got 10 years,which should go a long ways towards stopping the howling of the Rev-Runds,and chances are in a year or two she will be released for some reason.

In cases like this the facts never matter to anyone. It's all about de Benjamins.

I think the murder charge was to keep the city from being burnt down.

[mystery-ak]

I think the murder charge was to keep the city from being burnt down.

The judge told the jury they could consider manslaughter....which the jury ignored.

I hope they appeal her verdict...

[Smokin Joe]

The judge told the jury they could consider manslaughter....which the jury ignored.

I hope they appeal her verdict...

Either way, maybe the next time an officer finds themselves in the situation she said she thought she was in, they will back up and make sure they have the right apartment/house or whatever.

[sneakypete]

Either way, maybe the next time an officer finds themselves in the situation she said she thought she was in, they will back up and make sure they have the right apartment/house or whatever.

@Smokin Joe

She testified that he charged her when she opened the door. He obviously thought he had a home invasion happening,and she thought she had a burglar in her apartment.

IF he hadn't charged her he would have had time to notice she was wearing a police uniform,and she would have had time to notice it wasn't her apartment.

You really can't blame either one of them because they were both mistaken and under the same circumstances we would all have acted in the same ways both of them acted.

[mystery-ak]

Gut-wrenching: Convicted cop Amber Guyger’s judge gives her a bible, victim’s brother hugs her tightly


Convicted Dallas cop Amber Guyger got a hug from the brother of Botham Jean, the man she shot to death. (screenshots)

more
https://www.bizpacreview.com/2019/10/03/gut-wrenching-convicted-cop-amber-guygers-judge-gives-her-a-bible-victims-brother-hugs-her-tightly-833947

[Sanguine]

I think this may be a reasonable sentence.  Apparently, Ms. Guyger was on a torrid phone call with her married partner when she opened Mr. Jean's door.  He was on the sofa eating ice cream.  She pulled her gun and shot him.  She then waited to call 911 and did not offer aid to the man she had just shot.  If it's just a question of poor judgement, complete lack of situational awareness, and remarkable lack of empathy, ten years is maybe about right.

[skeeter]

I think the murder charge was to keep the city from being burnt down.

Not so fast - the unappeasables appear to be upset with the 10 year sentence.

[Smokin Joe]

Not so fast - the unappeasables appear to be upset with the 10 year sentence.

But that's why they are unappeasables.

[skeeter]

But that's why they are unappeasables.

I'm sure they were worried they wouldn't have anything to complain about for a moment there.

[Smokin Joe]

I'm sure they were worried they wouldn't have anything to complain about for a moment there.

Give them credit. This is what they do, after all. They'd invent something if they had to.

[jpsb]

Maybe a motive was demonstrated but if the prosecutor showed one it was never reported.

From what I heard the officer was guilty of criminally negligent homicide at most.

Breaking into someone home and then shooting them dead is murder, not negligent homicide.

[jpsb]

She got 10 years...could have been much worse.

Should have been much worse, she'll be out in 5, 6 max.

[skeeter]

Breaking into someone home and then shooting them dead is murder, not negligent homicide.

If you can prove that person knew they were breaking into someone else's home. Thats the point.

[Sanguine]

If you can prove that person knew they were breaking into someone else's home. Thats the point.

Or "should have known".

[skeeter]

Or "should have known".

That where I'm confused. I'm not clear on how that can be proven.

And I thought murder required a motive.

[thackney]

If you can prove that person knew they were breaking into someone else's home. Thats the point.

https://www.dallasnews.com/news/crime/2019/09/28/5-key-moments-in-amber-guyger-s-murder-trial-for-killing-botham-jean/

...Guyger wasn't the only South Side Flats resident to go to the wrong apartment or floor. Her attorneys have tried to show it's a common occurrence at the apartments just south of downtown Dallas — particularly for residents on the third and fourth floors, where Guyger and Jean lived.

Ranger David Armstrong, the lead investigator on the case, testified that even he had trouble knowing which floor he was on while investigating the shooting last year.

"There were no clear obvious signs showing what level you were on," he testified earlier in the week when questioned by Robert Rogers, one of Guyger's attorneys.

Armstrong told the jury that he led a team that interviewed 297 of the 349 residents at the South Side Flats, and 46 of them had walked to the wrong floor and put their key in the door. Of those residents, 38 of them were from the third and fourth floors.

Some residents testified in court that they've gone to the wrong apartment. Marc Lipscomb told the jury Friday about a time he entered the wrong apartment after taking his dog for a walk. He didn't realize the apartment wasn't his until he saw a woman sitting on a couch in her living room.,,,

[jpsb]

That where I'm confused. I'm not clear on how that can be proven.

And I thought murder required a motive.

Motive is not a requirement, intent to kill is and this lady cop said she shot with the intent to kill, murder.

[thackney]

Sept. 25, 2019 -- Texas Ranger David Armstrong, lead homicide investigator on the high-profile case, testified without the jury in the courtroom, saying that based on the investigation he doesn't believe Guyger committed a crime when she shot Jean and that it was "reasonable" for her to "perceive him as a deadly threat." Judge Kemp refuses to allow Armstrong to state his opinions in front of the jury.

https://abcnews.go.com/US/death-innocent-man-timeline-wrong-apartment-murder-trial/story?id=65938727

[skeeter]

Motive is not a requirement, intent to kill is and this lady cop said she shot with the intent to kill, murder.

Of course if you shoot at center mass you intend to kill. Anyone who discharges a firearm at someone literally intends to kill. That isn't always defined as murder.

I'm not saying she doesn't deserve a good long prison term for what she did. I just don't understand the charge.