GUILTY TX - Former Dallas Police Officer Amber Guyger, indicted for Murder of Botham Shem Jean #6

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Here’s a question for those of you in the know. I’m guessing she’ll get 20 years but be out in five. Is that possible, or would she have to do half her sentence? Or, can she get time for good behavior, etc?

Amateur opinion and speculation
I don’t think that’s possible atleast in Texas I think for certain charges you have to serve atleast 1/3 of your sentence before you can be eligible for parole.
 
Carrying a deadly weapon comes with a great responsibility that I think some underestimate and that others may not take seriously enough. This is for the general public and law enforcement alike.
I have only once in my life felt that I needed a gun, and thankfully the intruder ran out of my house and left me physically unharmed.

Other than that, I (at this moment) don't want the responsibility of keeping up with it and the possible burden of shooting the wrong person.

In other words if one chooses to carry a gun, then he/she better ensure the intended target and all of the circumstances line up legally before pulling the trigger.
 
Does anyone think SouthSide Flats and/or City of Dallas will face civil suits?

I think Southside possibly due to the deadbolt issue. I guess that depends on if Botham knew it was an issue and/or reported it though.

I think Dallas PD will definitely face a suit. Supposedly they have at least one officer who doesn't know CPR, never thought to hold compression and thinks it's perfectly okay to knowingly put herself in danger without calling for backup first even though she had plenty of time to call.
Not saying I believe any of that is true regarding her training, but she admitted it and I'm sure the police association will stand beside her whether they believe it or not.
I absolutely think the apartment complex will be named if it hasn't already (likely it's one reason the civil suits were put on hold for the criminal proceedings to finish). The door malfunction has a definite causal connection to his death, and it won't matter IMO if Jean knew about it, but whether the apartment complex and any of their "agents" (architects/builders/etc.) knew about it. I practice civil injury law, including wrongful death lawsuits, so this is the stuff I have really strong opinions about. The fact discovery is like a kind of detective work, it can be so interesting.

It gets more complex with Dallas PD being named. I'm sure the Jean's civil suit will name DPD as well, but it is a lot harder of a claim. Governmental bodies usually have extra protections under state laws, and they can easily argue she was not acting within the "scope of her duties" (like by violating their policy forbidding wearing uniforms home), and could be dismissed as defendants. But those arguments can also be overcome. It will definitely be interesting.

A lot of parties are at fault for Bo's death civilly, IMO.
 
I believe that AG truly believed that she would be found "Not Guilty", and then, appeal her termination from Dallas PD, and go back to work. She still acted like she was part of the team with Dallas PD, as they escorted her to the courtroom.

She definitely has her head in the clouds. It has probably been an abrupt reality check for AG. Tomorrow should be interesting.
 
You are in my head and said everything so well. I appreciate your post so much. Finally a post of reason and knowledge of the facts in this case and of the Texas law. Emotion has been the order of the day thru out this whole trial and logic and understanding of the law tragically missing.
Thanks again..
I don't agree that emotion played any part of the crime or this trial. I think the Judge and the attorneys have an acute grasp of the law and the jury did the job they were sworn to do. Citizens need to trust police rather than view them with wariness, distrust and even worse, fear. This case has put my stomach in knots because Bo could have been my son, anyone's son. Now, he's become everyone's son, may he rest in peace.

iirc, one key reason the DA decided to file charges in the Justine Damond killing was the way LE handled themselves and the suspect AFTER the shooting. That officer will serve 12.5 years in prison. My opinion changed in that case as more information was released. The officer should have been charged.

I think AG was charged in this case for similar reason: because of her total disregard of proper police procedure and the way she was treated with kid gloves afterward even as her victim lay dying in his own home.

Police are supposed to be highly-trained in order 'to serve and protect' but it has become abundantly clear in too many other cases and this one, that two things need to happen: police need more training/psychological evaluation before they are allowed to carry a firearm and officers should be treated exactly as civilians after such shootings, no exceptions.

JMO
 
Botham Jean’s family has filed a civil suit. I have seen interviews with his Mother where she talks about one of her goals in this is that Police officers receive better training. This article is from October 2018, about a month after the arrest of AG.
Family of Botham Jean files federal lawsuit against Amber Guyger, city officials

Interesting thought about the apartment owners possibly being pursued for liability! I hadn’t thought about that.

The locking mechanism provided by the apartment was defective. I think it is a given they will be pursued for liability.

JMO
 
I believe that AG truly believed that she would be found "Not Guilty", and then, appeal her termination from Dallas PD, and go back to work. She still acted like she was part of the team with Dallas PD, as they escorted her to the courtroom.

She definitely has her head in the clouds. It has probably been an abrupt reality check for AG. Tomorrow should be interesting.

Booking says she is in the North Tower @ Lew Sterret
pretty stark rooms....

MOO
 
She was unreasonably distracted by texting and thought he was in her apartment. Her motive was to kill an intruder however she failed to follow police protocol in doing so and TX allows a murder charge due to her intent to kill, despite thinking he was an intruder. Because her mistake was not reasonable. So they found she was more than reckless.
Thanks. Very good concise explanation.
What I wonder is, if she wasn't a police officer, but just a woman (with a license to carry and some firearm training) who had worked a double shift, was exhausted, texting her boyfriend, thought it was her apartment, walked in, startled and shot Mr. Jean, if she would have received the same verdict.
 
I absolutely think the apartment complex will be named if it hasn't already (likely it's one reason the civil suits were put on hold for the criminal proceedings to finish). The door malfunction has a definite causal connection to his death, and it won't matter IMO if Jean knew about it, but whether the apartment complex and any of their "agents" (architects/builders/etc.) knew about it. I practice civil injury law, including wrongful death lawsuits, so this is the stuff I have really strong opinions about. The fact discovery is like a kind of detective work, it can be so interesting.

It gets more complex with Dallas PD being named. I'm sure the Jean's civil suit will name DPD as well, but it is a lot harder of a claim. Governmental bodies usually have extra protections under state laws, and they can easily argue she was not acting within the "scope of her duties" (like by violating their policy forbidding wearing uniforms home), and could be dismissed as defendants. But those arguments can also be overcome. It will definitely be interesting.

A lot of parties are at fault for Bo's death civilly, IMO.

@Hraefn, thanks for these insights. I have a question if you will answer it?

I go back to the night of this incident and think about the Dallas Police seeing this as an officer involved shooting. Ms. Guyger had all of the perks of being an officer which led to no blood test for hours, no interview, turning off in the recording equipment and the arrival of DPA head. If she was seen by them as on duty, can they distance the department from this? Does this put the police department in more of vulnerable position in terms of a law suit?
 
Thanks. Very good concise explanation.
What I wonder is, if she wasn't a police officer, but just a woman (with a license to carry and some firearm training) who had worked a double shift, was exhausted, texting her boyfriend, thought it was her apartment, walked in, startled and shot Mr. Jean, if she would have received the same verdict.
I definitely wonder the same. It basically comes down to whether that would affect the jury’s view of her reasonableness. Did her job/uniform/open carrying with training make her actions and decisions *more* unreasonable in the jurors’ minds? Maybe, maybe not. I’m sure we will hear from at least a couple of them after sentencing.
 
Thanks. Very good concise explanation.
What I wonder is, if she wasn't a police officer, but just a woman (with a license to carry and some firearm training) who had worked a double shift, was exhausted, texting her boyfriend, thought it was her apartment, walked in, startled and shot Mr. Jean, if she would have received the same verdict.

I believe that she would have. People who own guns, need to be responsible for owning a lethal weapon. There just isn't enough training for gun owners. Practically anyone can purchase a gun. Very few gun owners actually learn how to use a gun, clean their gun, or be responsible with storing their guns.

I never saw this as a "race" issue, or a police officer issue, aside from the fact that she was treated differently. As a home owner, with elderly parents and small children, this was absolutely nothing short of terrifying to me. That in the United States, a person could walk into your home and shoot you, and gee, say, "Sorry, my bad.". WTH?!

No. You own a gun, take responsibility for your actions.
 
I believe that she would have. People who own guns, need to be responsible for owning a lethal weapon. There just isn't enough training for gun owners. Practically anyone can purchase a gun. Very few gun owners actually learn how to use a gun, clean their gun, or be responsible with storing their guns.

I never saw this as a "race" issue, or a police officer issue, aside from the fact that she was treated differently. As a home owner, with elderly parents and small children, this was absolutely nothing short of terrifying to me. That in the United States, a person could walk into your home and shoot you, and gee, say, "Sorry, my bad.". WTH?!

No. You own a gun, take responsibility for your actions.
I agree with you. I'm in Texas and some of my friends with guns, definitely shouldn't have them. MOO. In this case, I do wonder if the verdict would have been a lesser charge like manslaughter though. MOO
 
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