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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    No. Except the getting wasted part I'm not basing it on "assumptions." I'm basing it on statements by eye witnesses, by herself and by tenants who live there and stated that those doors self-close. They don't stay open as she tried to lie and say.

    That's evidence. Not assumption. Evidence that is highly likely to be introduced at trial.

    And if she was exhausted she had an even higher duty of care when it came to her weapon.

    Finally, it is irrelevant that the victim in this case had marijuana in his apartment. Expect for the fact that the police used it to try to influence the public that somehow he was a bad guy who caused or deserved his own death.

    Looks like it worked.
     


  2. Lillymac

    Lillymac Well-Known Member

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    I don't believe my post was unclear or unintelligible at all. It's okay, I'm done. Thanks for the discourse.:D
     
  3. gitana1

    gitana1 Verified Attorney

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    Castle Doctrine doesn't apply, however, when it's not your home. Even if you're exhausted from work.
     
  4. gitana1

    gitana1 Verified Attorney

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    Her motive is not relevant. She has not been charged with first degree murder. Whether she was reckless is what's key. Plowing into a bunch f kids while texting is also a tragic accident. But it's a crime. Because when operating a car we have a higher duty of care and failure to adhere to that duty is reckless.

    If someone owns a gun and is an officer they have a higher duty of care. So if they're exhausted from work they need to make sure they're aware of where they are, what they're doing and who they're pulling their gun on/shooting at and why.

    I believe it is likely she was drunk. However, she wasn't arrested for three days and I'm unsure whether they did an alcohol screen on the day of the killing.

    The victim's home was searched. The victim was given a toxicology screen. Guyger's home and person weren't searched. I think she was given a tox screen later. Days later. (But I'm not sure).

    The police department made sure to publicize the finding of marijuana in the victim's home. (So what? Half the country uses this drug which is vastly more benign than alcohol).

    But all of that was designed to create the impression that the roles of victim and suspect were flipped. Simply because the killer was a cop.

    And while cops deserve their pay and pensions and perks for the work they do, and most are heroes to me, just being a cop doesn't mean they can't be criminals.
     
  5. mickey2942

    mickey2942 Well-Known Member

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    I wonder if AG has been working? If so, where? Uber driver? She has to take a lot of time off for her trial.

    I don't know, maybe she is independently wealthy and just worked for kicks.
     
  6. Rocco

    Rocco Well-Known Member

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    So is she charged with manslaughter or murder?

    This is from Nov. 30th 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.''

    TIA
     
  7. TDoc72

    TDoc72 Well-Known Member

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    bbm
    Has it ever been confirmed that the door was ajar? Is there a link? It doesn’t make sense to me. If he was in his undies, eating cereal and watching tv, I’m not sure it would’ve been open.
     
  8. Via Marple

    Via Marple Here to learn how devious minds work

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    No, but that is her story.

    Psychologically it was unlikely, physically those self-closing doors cannot be kept open without a strong door-stop. And it is newish block, things are supposed to work. If there was one used that night, she and defence would have said so.
     
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  9. Spellbound

    Spellbound falsus in uno, falsus in omnibus

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    Not if there was no threat involved:

    Is it Legal to Shoot an Intruder? - FindLaw
    In order to use self-defense as a shield against a charge for a violent crime in most jurisdictions, you must:

    1. Not be the aggressor;
    2. Only use enough force to combat the threat and no more (i.e. you can't bring a gun to a fist fight);
    3. Have a reasonable belief that force is necessary;
    4. Have a reasonable belief that an attack is imminent; and
    5. Retreat (if possible).
     
  10. Wishbone

    Wishbone Well-Known Member

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    Hope it's ok to use this source

    If all this is true then the defendant has even more explaining to do

    EXCLUSIVE: Video showing how heavy metal fire doors automatically slam shut in building where white Dallas cop shot her black neighbor and apartment numbers are lit up in NEON contradict her story
    • Police officer Amber Guyger, who fatally shot her black upstairs neighbor Botham Jean, claimed that his door was already ajar when she entered at 10 pm

    • But video obtained exclusively by DailyMail.com shows that the doors in the Dallas apartment building automatically slam shut if let go

    • A second video shows Guyger could not have used her key to force open his door

    • Apartment door numbers are also clearly visible and lit up in neon

    • DailyMail.com can also reveal that Guyger had made noise complaints about Jean, 26, to the building management in the days before his death.
    Video contradicts story of white Dallas cop who killed black neighbor | Daily Mail Online
     
  11. Kittybunny

    Kittybunny Well-Known Member

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    Only if you're on the jury! Do we have all the evidence? Of course not. Should that prevent us from discussing it? Of course not. This is a message board for discussion of crimes, regardless of where they are in the judicial process. We have no actual influence on the trial.
     
  12. BeachSky

    BeachSky Well-Known Member

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    JMO
    She could of kept her gun drawn on him, backed over & flipped on the light(she knew where light switches were- after all she was in her apt)
    Totally different outcome.


    MOO
     
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  13. sloane7777

    sloane7777 Well-Known Member

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    is there a link saying he had drugs in his system? I assumed it was hers because everything else listed was hers ....and if he was smoking maryjane in his apt minding his own business is that probable cause to shoot someone because this is 2019 and its legal in most places in the country or should be Alcohol is far worse IMO I see more people dying from alcohol dependency than weed , if it was hers different situation shes tasked thru her Job to carry a lethal firearm , home is one thing but carrying it around in uniform is totally different.
    I'm fine with an accountant relaxing at home smoking it but not an officer with a loaded gun and apparently (per her own SM posts ) not a whole lot of sense, smoking it while carrying. JMO
     
  14. sloane7777

    sloane7777 Well-Known Member

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    BBM it wouldn't have been a tragic accident if she had done exactly what she was TRAINED TO DO!
     
  15. sloane7777

    sloane7777 Well-Known Member

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    Bingo , you cant use the castle law when you had no right to be there in the first place , mistake or not . Back out call for backup ....if she had done that she probably would have realized she wasn't in her apt before she could even make the call, and if she's that unaware... she needed to be in a different profession anyway.
     
  16. Hraefn

    Hraefn Verified Attorney

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    I'm genuinely curious what the standard will be for part 1; will a reasonable belief standard also be applied there? As an attorney I have never seen the issue arise.

    O/T there is a case that is *kind of* an opposite to this one, Nathaniel Rosa allegedly thought he entered the home he was supposed to be in (he was not the home owner of the residence he thought he was entering, but he allegedly thought he was entering the correct house and the houses allegedly all look similar), but it was the wrong residence. The actual home owner of the residence NR entered, allegedly by accident, shot and killed NR as NR was taking a shower. IIRC the home owner at one point left the dwelling to retrieve the weapon and then returned, which makes the case very different. But it is another case people interested here may be interested in as it is a strange set of facts for a Castle Doctrine defense claim. WS link: WA - Nathaniel Rosa, 31, fatally shot by homeowner, Belfair, 1 April 2017

    (ETA: Can you tell I'm a lawyer with all the times I used the word "allegedly" LOL sorry about that)
     
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  17. imstilla.grandma

    imstilla.grandma ❤️ ❤️ ❤️ Believer of Miracles

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  18. imstilla.grandma

    imstilla.grandma ❤️ ❤️ ❤️ Believer of Miracles

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    Bringing the ‘Castle Doctrine’ home
     
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  19. imstilla.grandma

    imstilla.grandma ❤️ ❤️ ❤️ Believer of Miracles

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  20. Jax49

    Jax49 Florida Native

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    Last edited: Sep 16, 2019
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