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. imstilla.grandma

    imstilla.grandma ❤️ ❤️ ❤️ Believer of Miracles

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    *Like*
     


  2. YESorNO

    YESorNO The Queen (aka "mrsmuir") SWBB

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    How will Amber Guyger's attorneys defend her in murder trial for killing Botham Jean?

    Sep 16, 2019

    "When Amber Guyger’s murder trial begins a week from Monday, the jury won’t be deciding whether she killed Botham Jean.

    The fact that she pulled the trigger isn't in dispute. Jurors instead must decide whether killing the unarmed 26-year-old accountant in his own apartment was a crime. And if so, what crime?

    Guyger's attorneys are expected to argue that she isn’t guilty of a crime because she made a “mistake of fact,” meaning she believed something to be true but it wasn’t.

    The Dallas officer, who has since been fired, told police that she confused Jean’s apartment at the South Side Flats for her own on the night of Sept. 6, 2018, and she mistook Jean for a burglar.

    But Guyger can’t just say she made a mistake and be found not guilty, legal experts said. The jury must believe her mistake was reasonable. And that leads to more questions.

    The “mistake of fact” defense might be unfamiliar outside legal circles, but it’s an argument used often in Dallas courts and nationwide, Dallas defense attorney Russell Wilson said.

    “Mistake of fact is the same thing that you're hearing when you hear the police say, ‘We thought he had a gun,’” Wilson said...."

    How will Amber Guyger's attorneys defend her in murder trial for killing Botham Jean?
     
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  3. Handsome Sailor

    Handsome Sailor Seize the day!

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    as a gentle reminder, the "eyewitnesses" in this case have proven to be unreliable. very similar to false claims made by "eyewitnesses" in Michael Brown case. One witness in the Dallas case claimed to here the exact words spoken in a conversation between the two...and the witness lived 2 buildings away!
     
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  4. Handsome Sailor

    Handsome Sailor Seize the day!

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    If not Shem's, whose drugs were they?
     
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  5. gitana1

    gitana1 Verified Attorney

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    Ha ha! Yup.

    I think she has to be the owner for the castle doctrine to kick in for sure. No reasonable belief. It has to be.

    That's my understanding. But we shall see.
     
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  6. Wishbone

    Wishbone Well-Known Member

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    Just as a juror decides which witnesses are credible and which are not, I do the same after hearing the testimony. But it was kind of you to share your opinion.
     
  7. gitana1

    gitana1 Verified Attorney

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    Did we ever get his toxicology results?

    I don't care if it's his. It's really not relevant. Marijuana is more benign than alcohol. I'd probably use it myself except it doesn't work well with me.
     
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  8. gitana1

    gitana1 Verified Attorney

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    Wishbone, I think I love you. Lol.
     
  9. Wishbone

    Wishbone Well-Known Member

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    Back at ya
     
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  10. gitana1

    gitana1 Verified Attorney

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  11. gitana1

    gitana1 Verified Attorney

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    @Hraefn what do you think?
     
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  12. Handsome Sailor

    Handsome Sailor Seize the day!

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    Drug usage is CERTAINLY relevant in this case. It could explain why the door was left ajar. It could explain why he didn't respond to clear commands.
     
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  13. gitana1

    gitana1 Verified Attorney

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    Based on this I think it still comes down to whether she was reckless. Because if she was then the mistake of fact wasn't reasonable.
     
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  14. Handsome Sailor

    Handsome Sailor Seize the day!

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    not opinion. it's fact. go back to the original reporting in DMN
     
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  15. mickey2942

    mickey2942 Well-Known Member

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    Someone comes in my house, and tells me to raise my hands? What if Mr. Jean was hearing impaired? If AG had stormed into my house and told my elderly, disabled, blind, deaf, veteran husband to raise his hands...she probably would have shot him too. Because he wouldn't have done it either.
     
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  16. Kittybunny

    Kittybunny Well-Known Member

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    Have you read anything about the victim? He's a very well-regarded accountant and upstanding community citizen. Are you making assumptions about him based on...well...I don't know what. This wasn't a trap house - it was a nice apartment building, as evidenced that LE lived there as well.
     
  17. rosesfromangels

    rosesfromangels Amateur speculations and opinion only

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    Who-wee. Haven’t checked in on this thread in a bit, and I see it’s very “lively”. We all have our opinions and speculations, but I think Gitana distills it down clearly. Did the Officer follow proper procedure , or was she a reckless gunslinger?

    I think the answer to this question will decide her fate. Then of course, the civil trial....

    Amateur opinion and speculation
     
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  18. Rocco

    Rocco Well-Known Member

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    She gave him clear commands? What were they?
     
  19. imstilla.grandma

    imstilla.grandma ❤️ ❤️ ❤️ Believer of Miracles

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    A blood sample was taken from Guyger after the shooting by Dallas police investigators, but it could take months before the results of the toxicology report are returned, Merritt said.

    “However, the information we’ve received at this time seem to indicate that she was not under the influence of any drugs or alcohol,” Merritt said. “Therefore if she’s sober going to that door and missing all of those multitude of markers including the fact that she was on the wrong floor and entering an apartment that was not hers, then it’s difficult to buy that narrative.”
    https://www.star-telegram.com/news/local/dallas/article218154635.html
     
  20. imstilla.grandma

    imstilla.grandma ❤️ ❤️ ❤️ Believer of Miracles

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    "To have my son smeared in such a way I think shows that there are persons who are really nasty, who are really dirty and are covering up for the devil Amber Guyger," Allison Jean said.

    A search warrant released Thursday by the Dallas Police Department contradicts what Guyger initially told investigators after she fatally shot 26-year-old Jean inside his apartment, mistaking him for a burglar in her own residence.

    According to the detective filing the report, on the night of shooting, Guyger "was attempting to enter apartment 1478, with a set of keys. An unknown male inside the apartment confronted the officer at the door. A neighbor stated he heard an exchange of words, immediately followed by at least two gunshots."

    That statement contradicts what Guyger later told investigators, claiming "the door was slightly ajar… the room nearly completely dark,” and that she spotted him “from across the room… and shot him."
    Family of Botham Jean Decries 'Smear' of His Character
     
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