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

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Wow so judge is basically allowing the jury to have instruction that says if they believe she was mistaken then they can acquit.

ETA: Basically the instruction does not treat her intent and decision to kill as a separate issue from her mistake. So if they believe she was genuinely mistaken then she can walk. Then you have the castle doctrine in there. So....
Castle doctrine in TX changes the entire playing field.
 
Let’s not forget jury will decide penalty in this case. Not the judge. So if they convict her of manslaughter what are the chances they’ll give her a stiff sentence. It’s doubtful they give her a long sentence even if they convict her on murder. My feeling is a murder conviction is highly unlikely now that the jury is allowed to acquit based on the “mistake.”
 
Definitely not my first trial. Why does the shade of his skin color matter?

Research shows that the darker someone's skin tone is the more dangerous and larger people believe them to be. And the more culpable if suspected of a crime.

But I don't think the state did anything to his photo and I don't think this jury will care about his skin tone.
 
I don't blame you. His decision to try to get rid of the lesser includeds is insane in light of the inclusion of the Castle Doctrine, which coupled with mistake of fact is a complete defense to murder and allows for an acquittal.

And he knows Tx law so he knew it was likely to be included in the instructions.

But recklessness- she didn't follow protocol of her department and thus was reckless- directly refutes the reasonableness element of the mistake of fact defense. Which is why I have been arguing that manslaughter has to be an option. It may be too confusing and/or seem too harsh to the jury otherwise. And then @iluvmua will be totally right that this case was overcharged.

His request is suspicious. Or smacks of an undeserved bravado.
He argued to exclude Castle Doctrine AFTER his argement to eliminate the other charges. Not his fault. He had to go in the order of the court record.
 
Everyone knows he's black. I don't think the tone of his skin in a photo is going to be at all relevant to the jury.

The state didn't make this about race. Only AG did.

How and when did AG make this about race?
 
Research shows that the darker someone's skin tone is the more dangerous and larger people believe them to be. And the more culpable if suspected of a crime.

But I don't think the state did anything to his photo and I don't think this jury will care about his skin tone.

So the darker his skin tone the more reason AG had to kill him...better not type anymore or I risk a TO
 
Let’s not forget jury will decide penalty in this case. Not the judge. So if they convict her of manslaughter what are the chances they’ll give her a stiff sentence. It’s doubtful they give her a long sentence even if they convict her on murder. My feeling is a murder conviction is highly unlikely now that the jury is allowed to acquit based on the “mistake.”

It's not "now that the jury is allowed to acquit based on...mistake". That's always been a viable defense in this case. Which is why the state spent much of testimony and opening trying to show that her mistake wasn't reasonable.

Failing to allow the mistake of fact defense would have been reversible error. Meaning she would absolutely win on appeal.
 
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