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Posted: 4/27/2021 9:10:16 AM EDT
 DALLAS – A Texas court is scheduled to hear arguments Tuesday on overturning the conviction of a former Dallas police officer who was sentenced to prison for fatally shooting her neighbor in his home. An attorney for Amber Guyger and prosecutors are set to clash before an appeals court over whether the evidence was sufficient to prove that her 2018 shooting of Botham Jean was murder. .. The basic facts of the case were not in dispute. Guyger, returning home from a long shift, mistook Jean’s apartment for her own, which was on the floor directly below his. Finding the door ajar, she entered and shot him, later testifying that she thought he was a burglar. .. The appeal from Guyger, now 32, hangs on the contention that her mistaking Jean's apartment for her own was reasonable and, therefore, so too was the shooting. Her lawyers have asked the appeals court to acquit her of murder or to substitute in a conviction for criminally negligent homicide, which carries a lesser sentence. In court filings, Dallas County prosecutors countered that Guyger's error doesn't negate "her culpable mental state." They wrote, "murder is a result-oriented offense." https://www.foxnews.com/us/dallas-texas-court-amber-guyger-appeal |
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Posted: 4/27/2021 9:12:09 AM EDT
[#1]
...mistaking Jean's apartment for her own was reasonable and, therefore, so too was the shooting NOPE. |
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Posted: 4/27/2021 9:15:22 AM EDT
[#2]
Naw it’s not reasonable. I cant remember how many times I stumbled home to my apartment when I was young.
Never made the mistake of the wrong door no matter how tired or fucked up I was. |
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Posted: 4/27/2021 9:17:16 AM EDT
[#3]
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Posted: 4/27/2021 9:17:28 AM EDT
[#4]
Had I done the same thing as she did and she was the officer that showed up to investigate she would have arrested me right then and there. She fucked up and deserved jail time.
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Posted: 4/27/2021 9:18:01 AM EDT
[#5]
.
she's not much detail oriented . |
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Posted: 4/27/2021 9:18:50 AM EDT
[#6]
I just don't see it, if the apartments were identical in layout and furnishings.
If they made her work so much OT that she was out of her head she needs to be suing for PTSD. |
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Posted: 4/27/2021 9:20:03 AM EDT
[#7]
She fucked this one up bad. 10 years and likely less for it seems like a reasonable sentence.
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Posted: 4/27/2021 9:20:30 AM EDT
[#8]
Quote HistoryQuoted: Naw it’s not reasonable. I cant remember how many times I stumbled home to my apartment when I was young. Never made the mistake of the wrong door no matter how tired or fucked up I was. I watched a girl do it. She was so drunk she could barely walk. Judging by how long she was inside, I assumed she sat down somewhere, then heard the resident ask who was there. She went running down the sidewalk and the guy came outside covered in soap wearing a towel. Luckily it was just a funny observation and nothing happened |
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Posted: 4/27/2021 9:23:04 AM EDT
[#9]
pretty sure this cop shooting really was a murder
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Posted: 4/27/2021 9:24:06 AM EDT
[#10]
Quote HistoryQuoted: Had I done the same thing as she did and she was the officer that showed up to investigate she would have arrested me right then and there. She fucked up and deserved jail time. I bet there might have been a breathalyzer or blood draw involved too. I’ve been fucked up beyond belief and still always made it to the right room (walking as a young soldier because fuck drunk drivers). Believing that she was so shit faced that she didn’t know what floor she was on and yet no officer on scene could tell she was blitzed is a little hard to believe. |
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Posted: 4/27/2021 9:24:45 AM EDT
[#11]
Cops can't fathom not getting special deference from the system.
The amount of cognitive dissonance needed to be able to claim self-defense while burglarizing some else's home is impressive. |
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Posted: 4/27/2021 9:25:39 AM EDT
[#12]
the contention that her mistaking Jean's apartment for her own was reasonable and, therefore, so too was the shooting. 
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Posted: 4/27/2021 9:28:00 AM EDT
[#13]
Her purported mistake has already been impliedly considered and rejected by the jury. The Dallas Court of Appeals won't touch this verdict unless they want to get overturned by the Court of Criminal Appeals.
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Posted: 4/27/2021 9:29:41 AM EDT
[#14]
Quote HistoryQuoted: She fucked this one up bad. 10 years and likely less for it seems like a reasonable sentence. After the jury found her guilty, they took it easy on her in sentencing her. Not the first time that has happened. |
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Posted: 4/27/2021 9:32:04 AM EDT
[#15]
Quote HistoryQuoted: Her purported mistake has already been impliedly considered and rejected by the jury. The Dallas Court of Appeals won't touch this verdict unless they want to get overturned by the Court of Criminal Appeals. She aint getting shit in todays environment |
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Posted: 4/27/2021 9:32:25 AM EDT
[#16]
FPNI
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Posted: 4/27/2021 9:32:37 AM EDT
[#17]
I mean she killed a guy in his own castle who wasn't doing anything because she was fucked up and thought it was her castle. And IMO tried to get special treatment and really get away with it because she was law enforcement. If it was me who blundered so horrendously there is no way I would go through the shame of an appeal for that. She deserves worse than what she got.
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Posted: 4/27/2021 9:32:47 AM EDT
[#18]
Quote HistoryQuoted: Naw it’s not reasonable. I cant remember how many times I stumbled home to my apartment when I was young. Never made the mistake of the wrong door no matter how tired or fucked up I was. |
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Posted: 4/27/2021 9:35:26 AM EDT
[#19]
Quote HistoryQuoted: Not to mention it was a white that killed a black. She aint getting shit in todays environment Quote HistoryQuoted: Quoted: Her purported mistake has already been impliedly considered and rejected by the jury. The Dallas Court of Appeals won't touch this verdict unless they want to get overturned by the Court of Criminal Appeals. She aint getting shit in todays environment She doesn't deserve it, she should be in jail for a long, long time. |
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Posted: 4/27/2021 9:35:43 AM EDT
[#20]
Taken to it’s logical conclusion: any cop can shoot anyone in that person’s house as long as they could “reasonably” mistake it for their own.
It was nice knowing you suburbia. |
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Posted: 4/27/2021 9:36:04 AM EDT
[#21]
She fucked up big time and deserves punishment.
I don’t know if it murder by Texas standards or criminally negligent homicide. The latter sounds more applicable. Any Texas lawyers that can comment? |
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Posted: 4/27/2021 9:37:14 AM EDT
[#22]
Quote HistoryQuoted: Her purported mistake has already been impliedly considered and rejected by the jury. The Dallas Court of Appeals won't touch this verdict unless they want to get overturned by the Court of Criminal Appeals. Yeah, I know her lawyer probably has to appeal but it doesn't seem like they're presenting something new or saying the jury or prosecution did a legally wrong thing. It just seems to be "well, we don't like what the jury decided". |
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Posted: 4/27/2021 9:43:31 AM EDT
[#23]
Quote HistoryQuoted: Not to mention it was a white that killed a black. She aint getting shit in todays environment Quote HistoryQuoted: Quoted: Her purported mistake has already been impliedly considered and rejected by the jury. The Dallas Court of Appeals won't touch this verdict unless they want to get overturned by the Court of Criminal Appeals. She aint getting shit in todays environment Is there an environment where she should get shit? She walked into a mans home and shot him to death. |
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Posted: 4/27/2021 9:45:42 AM EDT
[#24]
Quote HistoryQuoted: Is there an environment where she should get shit? She walked into a mans home and shot him to death. She THOUGHT it was her home. Haven't you ever made a simple mistake. |
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Posted: 4/27/2021 9:47:01 AM EDT
[#25]
Quote HistoryQuoted: Is there an environment where she should get shit? She walked into a mans home and shot him to death. Quote HistoryQuoted: Quoted: Quoted: Her purported mistake has already been impliedly considered and rejected by the jury. The Dallas Court of Appeals won't touch this verdict unless they want to get overturned by the Court of Criminal Appeals. She aint getting shit in todays environment Is there an environment where she should get shit? She walked into a mans home and shot him to death. She aint getting shit. |
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Posted: 4/27/2021 9:48:28 AM EDT
[#26]
Remember those two teens in DC are already out.
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Posted: 4/27/2021 9:52:46 AM EDT
[#27]
Quote HistoryQuoted: She fucked up big time and deserves punishment. I don’t know if it murder by Texas standards or criminally negligent homicide. The latter sounds more applicable. Any Texas lawyers that can comment? Using my state laws criminally negligent homicide fits more than a murder. Granted its REALLY CRIMINALLY NEGLIGENT in her case. I don’t remember all the details but didn’t she stop off at a bar between work and home,...well.... his home I guess. |
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Posted: 4/27/2021 9:53:20 AM EDT
[#28]
Quote HistoryQuoted: Cops can't fathom not getting special deference from the system. The amount of cognitive dissonance needed to be able to claim self-defense while burglarizing some else's home is impressive. User Name... |
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Posted: 4/27/2021 9:56:15 AM EDT
[#29]
her mistaking Jean's apartment for her own was reasonable and, therefore, so too was the shooting. That's absurd. Talk about kicking open Pandora's box.... |
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Posted: 4/27/2021 9:57:21 AM EDT
[#30]
Quote HistoryQuoted: Naw it's not reasonable. I cant remember how many times I stumbled home to my apartment when I was young. Never made the mistake of the wrong door no matter how tired or fucked up I was. I did it once at one of my college apartments back in the 70's. It was immediately obvious that it wasn't my apartment so I closed the door and got the fork outta there. |
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Posted: 4/27/2021 9:58:14 AM EDT
[#31]
Quote HistoryQuoted: Taken to it’s logical conclusion: any cop can shoot anyone in that person’s house as long as they could “reasonably” mistake it for their own. It was nice knowing you suburbia. Thankfully in TX it didn't work out that way. Sure, if the apartments are all the same and she was really drunk, I can't even give a pass for that even drunk I'd recognize all the furnishings were different. |
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Posted: 4/27/2021 9:58:59 AM EDT
[#32]
Quote HistoryQuoted: I just don't see it, if the apartments were identical in layout and furnishings. If they made her work so much OT that she was out of her head she needs to be suing for PTSD. It's common for the layout in apartment buildings to be identical from floor to floor. That's why some places intentionally paint different floors different colors and do other things to make them non-identical. But it was pointed out in the trial that the furnishings were different between the floors. So, I think that the verdict was too high but the time in prison is just about right. 
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Posted: 4/27/2021 10:02:56 AM EDT
[#33]
Mistakenly walking into the wrong apartment is not an unexpected occurrence in an apartment or dormitory complex.
That should probably factor into someone's thinking before they decide to shoot someone. |
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Posted: 4/27/2021 10:03:08 AM EDT
[#34]
I feel a little bad for her. I mean, I really don't think she wanted to kill that man and honestly made a mistake. The thing is, a lot of honest mistakes result in crimes. She had her day in court and was found guilty. It's the way the system works.
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Posted: 4/27/2021 10:04:38 AM EDT
[#35]
She'll lose. And she should.
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Posted: 4/27/2021 10:05:31 AM EDT
[#36]
Quote HistoryQuoted: Naw it’s not reasonable. I cant remember how many times I stumbled home to my apartment when I was young. Never made the mistake of the wrong door no matter how tired or fucked up I was. I did once in about 1975. I was totally blotto at the time. The old woman that saw me, knew EXACTLY what happened. She was the widow of a First Sergeant. She put me on her couch, threw me a pillow and a blanket and went back to bed laughing. She was probably the most sarcastic woman I ever met. In the morning she saw me crawling off the couch and said dryly "I love having a man around the house." She turned out out to be a pretty good friend for the time I lived in the apartment. |
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Posted: 4/27/2021 10:07:51 AM EDT
[#37]
Could this be a move to fire up the riot machine in Dallas?
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Posted: 4/27/2021 10:09:22 AM EDT
[#38]
Quote HistoryQuoted: She could have gotten it lowered from murder to manslaughter. She aint getting shit. Quote HistoryQuoted: Quoted: Quoted: Quoted: Her purported mistake has already been impliedly considered and rejected by the jury. The Dallas Court of Appeals won't touch this verdict unless they want to get overturned by the Court of Criminal Appeals. She aint getting shit in todays environment Is there an environment where she should get shit? She walked into a mans home and shot him to death. She aint getting shit. Not sure this one even fits into the manslaughter statue in Texas. She doesn't appear to have done anything "reckless" in this case. She thought about what she was doing, and she executed her actions perfectly. She just thought wrong in this case. |
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Posted: 4/27/2021 10:12:12 AM EDT
[#39]
Quote HistoryQuoted: Cops can't fathom not getting special deference from the system. The amount of cognitive dissonance needed to be able to claim self-defense while burglarizing some else's home is impressive. Nah, this is lawyers doing what lawyers do. Pretty standard for most murder cases - throw shit at a wall and hope something sticks. I doubt it's gonna change anything for her. |
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Posted: 4/27/2021 10:13:47 AM EDT
[#40]
Apartments can look alike. That's why they put numbers on them - so you can tell which one is yours. And they have keys, so your key opens your door (I realize his door was open). And individuals live in those apartments, so theoretically the items in your apartment should be items you recognize - such as YOUR couch or YOUR chair, etc. Murder, Manslaughter, Negligent Homicide...she should be able to get out the same time he can get out of the casket.
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Posted: 4/27/2021 10:15:08 AM EDT
[#41]
She opened her pie hole and it got her murder.
Too bad she wasn't smart enough to find her own apartment. That signals to me she damn sure wasn't smart enough to be a cop. And a man was killed along the way. Its sucks but the jury spoke. |
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Posted: 4/27/2021 10:16:52 AM EDT
[#42]
This is from some Texas Lawyer's website:
BURGLARY - "Burglary", as per 30.02 of the Texas Penal Code, occurs when a person, without the effective consent of the owner:enters a building or habitation and commits or attempts to commit a felony, theft, or an assault. CAPITAL MURDER - Capital Murder is defined by Chapter 19, section 19.03 of the Texas Penal Code. Capital murders occurs when a murder is committed, according to the definition of murder under Chapter 19, section 19.02(b)(1), with one of the following additional criteria: The person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat. The same website said the criminally negligent homicide charge has a max 2 year sentence. It seems if they can argue successfully for criminally negligent homicide she can get 8 years off her sentence. Seems worth a try, legally anyway. BTW This is not a comment on how much time she deserves, just on the law. |
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Posted: 4/27/2021 10:20:09 AM EDT
[#43]
Quote HistoryQuoted: Remember those two teens in DC are already out. |
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Posted: 4/27/2021 10:22:06 AM EDT
[#44]
Quote HistoryQuoted: Naw it’s not reasonable. I cant remember how many times I stumbled home to my apartment when I was young. Never made the mistake of the wrong door no matter how tired or fucked up I was. My roommate lost his keys. A few days later the neighbors next door to us asked us if we knew whose keys these were... and they were my roommate's missing set. We asked them where they found them, and they said "In our front door". |
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Posted: 4/27/2021 10:28:22 AM EDT
[#45]
Quote HistoryQuoted: My roommate lost his keys. A few days later the neighbors next door to us asked us if we knew whose keys these were... and they were my roommate's missing set. We asked them where they found them, and they said "In our front door". Quote HistoryQuoted: Quoted: Naw it's not reasonable. I cant remember how many times I stumbled home to my apartment when I was young. Never made the mistake of the wrong door no matter how tired or fucked up I was. My roommate lost his keys. A few days later the neighbors next door to us asked us if we knew whose keys these were... and they were my roommate's missing set. We asked them where they found them, and they said "In our front door". Some people don't function that way, regardless of the circumstance, drunk or not, when you kill a man in HIS HOME for doing nothing, YOU SHOULD HAVE TO PAY FOR YOUR CRIME. PERIOD. She is paying as it should be. |
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Posted: 4/27/2021 10:28:31 AM EDT
[#46]
Quote HistoryQuoted: This is from some Texas Lawyer's website: So did the prosecution argue she entered without consent and committed a felony/assault, hence burglary, and killed the victim during the burglary, hence murder? Seems a little circular. The same website said the criminally negligent homicide charge has a max 2 year sentence. It seems if they can argue successfully for criminally negligent homicide she can get 8 years off her sentence. Seems worth a try, legally anyway. BTW This is not a comment on how much time she deserves, just on the law. Quote HistoryQuoted: This is from some Texas Lawyer's website: BURGLARY - "Burglary", as per 30.02 of the Texas Penal Code, occurs when a person, without the effective consent of the owner:enters a building or habitation and commits or attempts to commit a felony, theft, or an assault. CAPITAL MURDER - Capital Murder is defined by Chapter 19, section 19.03 of the Texas Penal Code. Capital murders occurs when a murder is committed, according to the definition of murder under Chapter 19, section 19.02(b)(1), with one of the following additional criteria: The person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat. The same website said the criminally negligent homicide charge has a max 2 year sentence. It seems if they can argue successfully for criminally negligent homicide she can get 8 years off her sentence. Seems worth a try, legally anyway. BTW This is not a comment on how much time she deserves, just on the law. |
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Posted: 4/27/2021 10:30:17 AM EDT
[#47]
The official test result came back that Amber wasn't drunk... but I still don't believe 'em.
Going in the wrong apartment/house is a classic issue with drunks. |
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Posted: 4/27/2021 10:33:52 AM EDT
[#48]
Automatically guilty on account of being a dirty inky alone.
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Posted: 4/27/2021 10:33:59 AM EDT
[#49]
Quote HistoryQuoted: This is from some Texas Lawyer's website: So did the prosecution argue she entered without consent and committed a felony/assault, hence burglary, and killed the victim during the burglary, hence murder? Seems a little circular. The same website said the criminally negligent homicide charge has a max 2 year sentence. It seems if they can argue successfully for criminally negligent homicide she can get 8 years off her sentence. Seems worth a try, legally anyway. BTW This is not a comment on how much time she deserves, just on the law. Her own testimony was that she intended to kill the person. Not "stop the threat", actually kill the person. Also from what I recall, her testimony and the ballistics did not match up. She would have been better off never taking the stand. |
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Posted: 4/27/2021 10:36:13 AM EDT
[#50]
Quote HistoryQuoted: She would have been better off never taking the stand. |
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