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

[Seattle1]

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.

Actually, the defendant had a choice for the Judge to decide her punishment or the jury -- she chose the later where almost any information about the defendant can be considered in the punishment phase.

In Texas, the judge is the default choice to decide the sentence. However, a defendant has a right to have a jury decide the sentence.

The punishment phase is similar to guilt-innocence in that both sides make opening and closing statements and put on witnesses.

The big difference is that almost any information about the defendant can be considered in the punishment phase. The state may prove up the defendant’s prior criminal record, put on witnesses to testify about the defendant’s character, or try to prove that the defendant committed other bad acts. bbm

Basically, the state can ask the judge or jury to consider much more information about the defendant—information that would not be allowed into evidence during the guilt-innocence phase.

https://www.texasdefenselaw.com/library/trial-process-in-texas/

 

[turaj]

Oh wow, she may not testify? I thought it was a given

she obviously did not connect with the jury so far so probably a good call.

 

[MrsPC]

so per this link if the jury finds that Guyger killed Jean in "sudden passion" it's considered a 2nd degree felony which would be a reduced sentence of 2 to 20 years:
Texas Penal Code § 19.02 | FindLaw
(2) “Sudden passion” means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause.  If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.

 

[MTW2011]

I find it very interesting they’re including sudden passion and State agreed to it.

From Texas Penal code: (2) “Sudden passion” means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.

 

[btfly547]

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.”

Snipped and reposted for emphasis. This is especially saddening after it was revealed yesterday that Amber has admitted to smoking marijuana on more than one occasion as well.
This protecting their own has to stop.

I'm in healthcare and we don't have this type of thing where we "stick together no matter what". A large reason for that is probably because we are each on our own if a lawsuit happens where we are clearly at fault. A lot of us carry personal liability insurance because we know our personal livelihood is at risk for making mistakes. Somehow I think because the city is usually sued instead of them individually and that they have these associations to pay for lawyers, that the personal responsibility is just not where I think it should be.

A statement about a small amount of marijuana after someone has been murdered, and released on the day of his funeral should never happen. Everyone knows that no one will lose their job, they won't be individually sued and that the police chief will more than likely support them leads to things like this.

 

[MrsPC]

I'm really surprised the Prosecution agreed to the "sudden passion." Jean did not provoke Guyger.

 

[turaj]

so per this link if the jury finds that Guyger killed Jean in "sudden passion" it's considered a 2nd degree felony which would be a reduced sentence of 2 to 20 years:
Texas Penal Code § 19.02 | FindLaw
(2) “Sudden passion” means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause.  If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.

sudden passion will go no where...again probably just fine to include it...never be proved....state is smart.

 

[wyome]

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.)

Yes, I'm hearing that prosecution as no objection because in the state of Texas, sudden passion requires provocation, and prosecution is confident Defense will not be able to show that Botham provoked her.

 

[turaj]

Yes, I'm hearing that prosecution as no objection because in the state of Texas, sudden passion requires provocation, and prosecution is confident Defense will not be able to show that Botham provoked her.

frankly it will just make the defense look even more desperate.

 

[Kittybunny]

Although the texts, her social media, and past behavior speak very badly of her character, if I were on the jury the biggest factor that would sway me towards a harsher sentence are her actions, or really lack thereof, in the aftermath of the shooting. Failure to render aid despite having life-saving items in her backpack, no real CPR, more concern for herself, texting her partner, etc. If I were on the jury, I'd go with 10 years.

 

[dog.gone.cute]

Good Morning,

Subscribing ...

 

[BeachSky]

I believe someone stated that Texas law allows for gun ownership on the 5th anniversary after serving their sentence.

Wow

 

[Wishbone]

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.

IMO what she did is tantamount to a home invasion. Some come to rape, rob, get revenge, thrill kill, reasons that defy logic, etc. What she was thinking or not thinking doesn't change the fact that she barged into his residence with the intention to take his life. We will never really know what was going through her mind that caused her to murder Botham. That one should be safe in their own home goes without saying, The penalty for abusing that should be harsh. It wasn't a terrible decision, it was a heinous act.

 

[Leve]

Also the design of the building is very popular in the DFW area... clean lines, modern, minimal markings. My nephew lives in such. Let’s hope this case sends a wake up call to clearly mark all floors, parking levels ,doors.

MOO

It's easy enough to have the accent color on the hallway walls different for each floor. I noticed its red throughout in thus building.

 

[Jeremy Bentham]

Wow. They weren't even going to fire her.

Goes to show activism and public opinion does make a difference. Unlike the CA Costco shooting case where there seems to be little, if any, pressure on the authorities.

 

[BeachSky]

Leg irons being taken off...
Outside of court

 

[gitana1]

https://www.courttv.com/title/court-tv-live-stream-web/
Court TV says they have eyes and when it starts they will go there.

Live here too:

 

[Weki]

We're back......

Here we go.

 

[turaj]

how is one juror late when they are sequestered and I assume transported together to the courthouse? Hope they are all okay. This is a really stressful situation and some of the reactions yesterday were heard by them.

 

[oviedo]

Thank you to those that are watching and posting ...