TX - Former Dallas Police Officer Amber Guyger, indicted for Murder of Botham Shem Jean #4

Discussion in 'Trials' started by Cobra Jet, Sep 7, 2018.

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  1. gitana1

    gitana1 Verified Attorney

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    Without being attacked.

    Also, why she didn't know she was in a totally different apartment (wasn't it even on a different floor?) could be a big part of recklessness.
     
    Last edited: Sep 15, 2019


  2. Lillymac

    Lillymac Well-Known Member

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    Oh sorry. I did not realize there were eye witnesses...
     
  3. wary

    wary Well-Known Member

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    I haven’t read about that case, but it’s also possible that the grandfather is getting the: ‘he’s suffering enough already’ exemption from prosecution. (Whether or not we believe that should exist—it definitely does. MOO.)
     
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  4. CrimeDawg123

    CrimeDawg123 Well-Known Member

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    She shot him. She is the eye witness. I really don't understand what you are confused about:
    "I’m an off duty officer. I thought I was in my apartment and I shot a guy"
     
  5. gitana1

    gitana1 Verified Attorney

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    That's what she says. And execution is not the remedy for not showing one's hands.

    There is a defense if he had a deadly weapon or if:

    Protection of One’s Own Property
    Under Texas Penal Code §9.42, a person may use deadly force against another to protect land or property if:
    1. He is the owner of the land;
    2. He reasonably believes using the force is immediately necessary to prevent arson, burglary, or robbery; and
    3. He reasonably believes that the land or property cannot be protected or recovered by any other means.
    Her mistake in believing she was on her property doesn't enable her to use self defense.

    And she was unreasonable in believing she couldn't use other means of protecting the property, like leaving and calling for back up.
     
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  6. CrimeDawg123

    CrimeDawg123 Well-Known Member

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    Exactly. With all of the differences in their apartments (furniture etc) why did she not recognize immediately she was not in the correct apartment. Instead she focused on Mr. Jean.
     
  7. Lillymac

    Lillymac Well-Known Member

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    I'm not confused. At all!
     
  8. CrimeDawg123

    CrimeDawg123 Well-Known Member

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    Great. So you agree then there is an eye-witness.
     
  9. Lillymac

    Lillymac Well-Known Member

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    I will agree that I don't know if there was an eye witness. It's not out of the realm of possibility....but it has not been reported. You know damn well I was being sarcastic and you missed my point completely. Every opinion here is based on supposition and not fact. That's all I'm saying!
     
  10. Handsome Sailor

    Handsome Sailor Seize the day!

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    Let's pretend Amber was in her own apartment; would she have been justified in shooting the intruder?
     
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  11. CrimeDawg123

    CrimeDawg123 Well-Known Member

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    Of course, if she reasonably believed the force was immediately necessary to protect her against the Jean's use or attempted use of unlawful force.
     
  12. Handsome Sailor

    Handsome Sailor Seize the day!

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    Whoa! You're making a number of unfounded assumptions. "Forcing" her way into apartment? Incorrect. The door was left cracked open (recall, victim had drugs in his system). Getting wasted? No proof. Amber was exhausted from protecting citizens from criminals. Weren't drugs found in the deceased apartment?
     
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  13. CrimeDawg123

    CrimeDawg123 Well-Known Member

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    Um yeah, guess I am not getting your obfuscation. My bad.
     
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  14. gitana1

    gitana1 Verified Attorney

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    Yes. And she was on a totally different floor. Anyone sober should know what floor they're on and that they don't have a red mat in front of their door like the victim did.
    On the anniversary of Botham Jean’s death, jury selection in his murder trial begins

    Further, there were more witnesses.

    Attorneys for Jean's family say two witnesses told them details that contradict Guyger's account.

    "They heard knocking down the hallway followed by a woman's voice that they believe to be officer Guyger saying, 'Let me in. Let me in,'" attorney Lee Merritt said.

    The family's attorneys say one of the witnesses then heard gunshots followed by a man's voice.

    "What we believe to be the last words of Botham Jean which was 'Oh my god, why did you do that?'" Merritt said.
    Witnesses dispute Dallas cop's account in fatal shooting of neighbor, attorney says

    Nothing remotely close to "show me your hands!"

    Sounds like someone was in a rage because they believed someone was in their place and they went in shooting.

    But if this case is moved out of Dallas as the defense wants, I'm confident she will get off.
     
    Last edited: Sep 15, 2019
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  15. Handsome Sailor

    Handsome Sailor Seize the day!

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    Incorrect. Unlawful force is inherent when breaking and entering. Please review Castle Doctrine.
     
  16. CrimeDawg123

    CrimeDawg123 Well-Known Member

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    Let's role play. Let's say it was Mr. Jean who went into Ms. Guyger's apartment and shot her when she stood up from her couch.

    Two questions:
    1) Would you defend Mr. Jean the same way you defend Ms. Guyger?
    2) Would you find it appropriate if DPD executed a search warrant on the victim, Ms. Guyger's, apartment and not the shooter Mr. Jean's?
     
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  17. MsArk

    MsArk Well-Known Member

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    What would have been AG’s motive for her to go into a strangers apartment and start firing? I do tend to believe this was a tragic accident.
    If she was a under the influence, that makes a big difference, IMO. Has it be confirmed she had been drinking?
     
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  18. CrimeDawg123

    CrimeDawg123 Well-Known Member

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  19. gitana1

    gitana1 Verified Attorney

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    Depends on the circumstances. I cited the law.
     
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  20. gitana1

    gitana1 Verified Attorney

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    And there was no reasonable alternative.
     
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