GUILTY TX - Former Dallas Police Officer Amber Guyger, indicted for Murder of Botham Shem Jean #7

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Thanks. If the jury hangs, will the judge will render a sentence?

Gosh after deciding unanimously in just over 4 hours on murder, I doubt this jury has any issues with deciding sentencing. I seriously doubt they would hang on it.

AG did herself no favors in testifying in fact I would go as far as saying it got her convicted. She was unlikable and fake. My guess is atleast 20 years.
 
at this point very glad Judge Tammy allowed the castle doctrine to be included in instructions. One less item for appeal and frankly could have been a strong one. A very amateur opinion here but her chances of a successful appeal are not good. She is in a very bad position....I think at least 15 if not more years and from all I know no parole. You simply cannot go into people's homes and shoot them and I think because she was a trained police officer really worked against her...I know I held her to a much higher standard.
 
Anyone know what segregated lockup looks like? Is it 23 hrs in a cell and one-hour for activity, alone 24/7? Or is there a pocket of other segregated inmates that she would around?

Probably the second. She'll most likely be in a seperate unit with other inmates who are considered to be at risk, (fellow former LEO, child molesters/murderers, the elderly). They'll have their meals, programming and free time/yard time separate from the general population. I suspect after a few years of that AG will be moved to a low security/low violence institution with a low minority population to serve out the remainder of her sentence amongst mostly middle-aged Caucasian women who are in prison for tax fraud and stuff like that.
 
I highly doubt there are any winnable appeal issues here. I trust Judge Kemp’s judgement. She would not have disallowed the expert testimony unless she was certain it was well within her discretion. And I believe it was. She fleshed out the testimony outside the presence of the jury. She put on the record exactly what the experts planned to say and I agree with her conclusions. And I think these expert testimonies saying they believe the defendants actions were reasonable should never be allowed. That’s for a jury to decide. As for the gun expert, his testimony was hollow. He was just going to speculate and give possibilities. That’s not expert testimony. If jury is not allowed to speculate, neither should an expert. The scene was changed after EMS arrived so there’s no way to know the exact positioning of Botham. That was a sound call by Judge Kemp.

This jury was clearly pretty much on the same page with their verdict and I think they’ll quickly reach a sentence and I don’t think it’ll be light or harsh. I just can’t imagine less than 10 years after they reached a murder conviction in 6 hours incl lunch.

You're exactly right. A Texas Ranger isn't an expert as to someone's mind and that's a specific legal conclusion they asked him to opine on which the jury needed to determine.
 
The sentence should reflect what happen that night. Not punishment for texts or instagram posts. If they could not come in in guilt phase, they should not have been allowed in sentencing phase. How many people here have changed their opinion about the time she needs to serve based on those only? That is not fair and just.
Also, my husband was a police officer for 22 years and never worked where he had to change clothes before coming home and leave his weapon at work. Most police officers carry a back up weapon should they leave it there also. They are on call 24/7 and constant targets from past encounters.
She made a terrible decision, now she should pay for that not all past transgressions.
 
The sentence should reflect what happen that night. Not punishment for texts or instagram posts. If they could not come in in guilt phase, they should not have been allowed in sentencing phase. How many people here have changed their opinion about the time she needs to serve based on those only? That is not fair and just.
Also, my husband was a police officer for 22 years and never worked where he had to change clothes before coming home and leave his weapon at work. Most police officers carry a back up weapon should they leave it there also. They are on call 24/7 and constant targets from past encounters.
She made a terrible decision, now she should pay for that not all past transgressions.
I'm on the fence on this and you make very good points. Per the commentators that were in the courtroom there were some real visible reactions to this from a very diverse jury. Even Judge Tammy looked so disgusted as she previewed them.
 
Thanks. If the jury hangs, will the judge will render a sentence?

No, the Judge will declare a mistrial for the punishment phase.

That's a great question. I don't know how that works. Personally, I always thought she would have been better off in the hands of a judge.

I wonder if this will even be over today. I've heard some commentators suggesting the jury could be out for days until a sentence is decided on.

Having the Judge decide is the default. The defendant elected to have the jury determine punishment if found guilty.

As a side note, the judge, not the jury is the final authority in sentencing. Any sentence imposed by the jury is purely advisory.

I imagine that different judges give the advise different amounts of weight. Likewise, some judges will give guidance to the jury regarding what range of sentence length they are willing to accept.

At the end of the day, however, it is the judge who decides the sentence- well, providing that there are no mandatory minimums or "must be given LWOP" type laws. In this case, there are not.

Actually, Texas provides for the defendant to elect to have the jury determine punishment if found guilty -- as opposed to the Judge. If jury fails to deliver a unanimous penalty, the court will order a mistrial for the penalty phase. The Judge does not have final say here, only imposes the sentence.

So I suppose if the jury can't unanimously agree to a sentence, then the judge will just impose a sentence?

No, the Judge will declare a mistrial for penalty phase.

2005 Texas Code of Criminal Procedure CHAPTER 37. THE VERDICT

"Art. 37.07. Sec. 3:
(c) (...) In the event the jury shall fail to agree on the issue of punishment, a mistrial shall be declared only in the punishment phase of the trial, the jury shall be discharged, and no jeopardy shall attach. The court shall impanel another jury as soon as practicable to determine the issue of punishment. "

So according to the Texas Code of Criminal Procedure it would result in a mistrial for the sentencing portion of the trial. The murder conviction will stand, but a new jury would need to be empaneled for a new sentencing phase.

Although rare occurrence --this section of the Texas Code of Criminal Procedure has been widely discussed since August after Harris County Judge declared mistrial for punishment phase of David Temple trial when jury could not deliver unanimous decision on penalty sentence.
 
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1. August of 2018
Botham Jean moves into South Side Flats apartment complex in Dallas, Texas. He is deeply involved in his church and works for the accounting firm PricewaterhouseCoopers.

2. September 6, 2018
Around 10 p.m., Botham Jean is in his home. While the details are unclear because only Guyger can tell the story, the 26-year-old is gunned down by the Dallas police officer. Guyger’s defense is that she went to the wrong apartment and killed him because she thought he was a burglar.

3. September 9, 2018
After 72 hours, Guyger finally turns herself in. She is charged with manslaughter and released on bond.

4. September 10, 2018
In an affidavit released on Monday, September 10, Guyger claims Botham Jean “ignored” her commands, blaming the victim for his own death. Also, her story changes, the door went from being locked to unlocked. Also, witness come forward saying they heard a woman’s voice saying, “Let me in!” And a man’s voice saying, “Oh, my God. Why did you do that?” right after the sound of a bullet.

5. September 11, 2018
By Tuesday, September 11, it was reported that Guyger now claimed Jean’s door was ajar. A resident proved it was impossible for the doors at the complex to be a jar.

6. September 12, 2018
Protesters shut down a city council meetingm chanting “No justice, no peace.” Mayor Mike Rawlings abruptly ended the meeting.

7. September 13, 2018
On the day of Botham Jean’s funeral, the Dallas police disgustingly released an affidavit saying the there were small traces of marijuana found in his apartment. Lee Merritt, an attorney for Jean’s family, said, “I think it’s unfortunate that law enforcement begin to immediately criminalize the victim — in this case, someone who was clearly was the victim that has absolutely no bearing on the fact that he was shot in his home.”

8. September 14, 2018
In a powerful press conference, Allison Jean, Botham’s mother, rips into the Dallas police department for releasing details that they found marijuana in his home. She said, “The information received yesterday is, to me, worse than the call that I got on the morning of Friday, Sept. 7. To have my son smeared in such a way, I think shows that the persons who are really nasty, who are really dirty and are going to cover up for the devil, Amber Guyger.” She also added, “Give me justice for my son because he does not deserve what he got. I will not sit back and see that justice does not prevail.”

Pertula Redd

9. September 18, 2018
15174085777436.jpg

Dallas Police Chief Renee Hall is being slammed by the Jean family and activists for not firing Amber Guyger. However, she says she is “prohibited” from firing her due to “civil service laws” — but she failed to cite the law. Dallas attorney Peter Schulte told ABC 8, “When I read Chief Hall’s statement today, it just doesn’t make much sense to me. I don’t know if it’s ignorance or being naive, but it doesn’t make any sense legally.”

10. September 21, 2018
St. Lucia’s Prime Minister Allen Chastanet slams the Dallas police for the handling of the Botham Jean case, saying, “Some people want to go further, that this was home invasion and therefore is subject to capital punishment. Now again, all these things are starting to play out because capital punishment is what the whole world has been trying to convey to us that we should not practice, yet here is a state in America that still practices it.”

He continued, “This is the inconsistency or hypocrisy, if you want to call it that, that exists in the global context that we have to deal with.”

11. September 24, 2018
Guyger is finally fired, when only days before Police Chief Hall said she couldn’t fire her. Nonetheless, Jean family is still asking for justice, they are demanding her charges be changed from manslaughter to murder.

12. September 26, 2018
The family sued the city of Dallas for civil rights violations. According to Fox 4 in Dallas, “The attorneys say the lawsuit will argue that Jean’s civil rights were violated when off-duty Dallas Police Officer Amber Guyger mistakenly went to his apartment and shot and killed him, thinking she was encountering an intruder in her apartment.”

13. September 29, 2018
September 29 was Botham Jean’s birthday. He would have been 27. See the video of Rep. Marc Veasey honoring Jean,

14. October 5, 2018
Dallas DA Faith Johnson accused of mishandling the case. She continuously defends herself, telling people to “trust” her. She is also accused of being more focus on reelection rather than charging Guyger with murder.

16. October 17, 2018
In an interview with Jordan Chariton, Jean’s family attorney. Lee Merritt, says there are social media posts with Amber Guyger bragging about being violent. He said, “She bragged about being violent, being short tempered. She bragged about use of force and she spoke out adamantly against things like kneeling [during the anthem] and said the NFL died of ‘Colin’ cancer.” That is an obvious reference to Colin Kaepernick. See one of the posts above.

17. October 19, 2018
Botham Jean’s mother says she has not heard from Trump administration. She says, “What we would like to see is great attention to this case by top government officials in the United States. We have heard nothing from Washington, D.C., and it really gives a feeling that some people just don’t care about lives.”

18. October 22, 2018
Details of the family lawsuit against the city of Dallas revealed. “Jean’s parents say they want their lawsuit to not just focus on how their son died, but to change how police officers are trained about when to fire their weapons,” the Dallas Morning News reported. In addition, “The Jeans also fault [Dallas Police Chief U. Reneé] Hall for turning over the case to the Rangers and say Dallas police should have kept investigating. Hall has said she turned over the case in an effort to be more transparent.” After the backlash, Hall has not commented on the Botham Jean case in weeks.


20. October 29, 2018
On October, 29, Kimberly Williams-De Leon, 42, was shot and killed in her St. Lucia. Allison Jean, Botham’s mother, spoke out in support of her, saying, “He or she must be caught and caught soon. Now. Immediately… The comfort that one gets from first of all knowing that this person who pulled that trigger is in custody – that’s number one comfort. Number two comfort – that the person who did this is held accountable for their actions and that means that they are given a murder charge.” She also said she will fight for a murder charge for Amber Guyger

21. November 6, 2018
On the 2 month anniversary of Botham Jean’s death, Justice for Botham Team committee called on the public to wear red. Committee member Nicole ‘Nikki’ David said, “Amber will never be the same again in her life… Amber knows she did something wrong… Justice will be served.”

23. November 26, 2018
15417749731538.jpg

A grand jury began hearing the case. Activists said they would protest if she is not charged with murder.

24. November 30, 2018
A grand jury returned an indictment to charge former police officer Amber Guyger with murder for killing Botham Jean. The panel reportedly decided there was enough evidence to show the manslaughter charges Guyger was initially facing were not strong enough.

25. December 28, 2018
15385037746485.jpg

DallasNews.com reports Officer Jared Waddle used pepper-ball against protesters. According to department records, the officer “technically shouldn’t have been able to use a PepperBall gun.” However, officials found, in their preliminary report, that the cop “used the gun in a way that was ‘consistent’ with the department’s general orders.”

26. December 30, 2018
FoxNews4.com reported, Dallas released an “extremely small portion of the Botham Jean incident report after an open records request from FOX4.” Incident reports are usually detailed, however, “in this case, all but the first four sentences, which contain basic information, are blacked out.” Outside of the offense being listed as manslaughter, the majority of the other details were blacked out, including if Guyger was under the influence of alcohol or drugs. A trial is scheduled for Aug. 12.

https://newsone.com/playlist/timeline-amber-guyger-kills-botham-jean/

Wow. They weren't even going to fire her.
 
Watching the testimony from Botham's mom was hard to hear and I took a break from the sentencing yesterday. I was talking to my mom about trials and how the general public understands very little about how police departments go through their hiring process and that few know the off-color humor most officers have to deal with the stress of the calls we see.

I hate that this is going to come off as defending AG, but there are plenty of anonymous officer SM accounts you guys can peruse that will show very similar memes. Cops have weird humor. We see a dead body and then ask who wants to get scrambled eggs for breakfast. It sounds extremely rude to the general public. It's stress management. It's finding a way to go to the next one.

Also, using the previous departments who didn't hire her . . . her defense team SHOULD have an easy time explaining by using any major department's hiring practices. Failing a polygraph could be as simple as lying about drug use instead of admitting. It's counter-intuitive. You go in and admit to everything. They aren't there to prosecute; they want to know you'll tell the Dept the truth.
I can totally understand what you’re saying, I just think the atmosphere in our country is no longer as willing to accept the off-color humor or minimizing/numb responses to violent situations. We see first responders and ER surgeons etc. who still care and have empathy for every patient they treat.

It’s exactly those attitudes of many PDs around the country that need to change IMO.
 
The sentence should reflect what happen that night. Not punishment for texts or instagram posts. If they could not come in in guilt phase, they should not have been allowed in sentencing phase. How many people here have changed their opinion about the time she needs to serve based on those only? That is not fair and just.
Also, my husband was a police officer for 22 years and never worked where he had to change clothes before coming home and leave his weapon at work. Most police officers carry a back up weapon should they leave it there also. They are on call 24/7 and constant targets from past encounters.
She made a terrible decision, now she should pay for that not all past transgressions.

Excellent post and wholeheartedly agree. Texas allows it, but I've felt from the beginning it is not just. If I were a juror, I'd dismiss it completely.
 
Wow. They weren't even going to fire her.
the preferential treatment she was given is absolutely unbelievable and I am sorry to say happens every day. We have another case right here in my own suburb of the same. This time so much has been seen on tape and media has really dug in on this one so much of it has been exposed.
 
The sentence should reflect what happen that night. Not punishment for texts or instagram posts. If they could not come in in guilt phase, they should not have been allowed in sentencing phase. How many people here have changed their opinion about the time she needs to serve based on those only? That is not fair and just.
Also, my husband was a police officer for 22 years and never worked where he had to change clothes before coming home and leave his weapon at work. Most police officers carry a back up weapon should they leave it there also. They are on call 24/7 and constant targets from past encounters.
She made a terrible decision, now she should pay for that not all past transgressions.
My opinion on sentencing hasn’t changed because the new info at sentencing did not surprise me. But this is just how the US handles sentencing, character comes in for the defendant AND victim. It is a good and bad thing, and she has the full ability to present witnesses as to her good character and positive qualities, her remorse, her ability to be rehabilitated, etc.

Many people see criminal convictions and sentences as JUST punishment for the defendant. US law actually has criminal sentencing for four main reasons: punishment, rehabilitation, deterrence, and retribution.

The sentence has to account for all 4. The defendant must be punished for their actions, the sentence also must consider the ability to rehabilitate the criminal (will they do it again or not? Are they a threat to society?), there has to be consideration of the deterrence effect of a sentence (other people should see the punishments issued and attribute a higher risk in their decision of whether or not to commit crimes), and there also must be retribution to the victims and their loved ones.
 
Defense requested "sudden passion" be included in the charge and Prosecution had no objection and Judge is allowing. What does this mean? (And they are waiting on some jurors before court begins. Prosecution has about 2 more witnesses to call before they rest and then Judge said they will take a short break to let Defense decide on whether Guyger will testify.)
 
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