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

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

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  1. mickey2942

    mickey2942 Well-Known Member

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    The prosecution addressed this in summation. Castle Doctrine should be applied for protecting your home, not this type of case.
     
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  2. LilahFae

    LilahFae Member

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    Maybe I missed something, please forgive me if so. Is it possible that the jury wanted a definition of Castle Doctrine to determine if Jean was in his right if he did indeed "charge" at AG when she entered his apartment? (I don't believe he did based on bullet trajectory testimony.) If someone unlawfully enters your residence and you charge at them, do they then get to legally shoot you in self defense?
     
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  3. imstilla.grandma

    imstilla.grandma ❤️ ❤️ ❤️ Believer of Miracles

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    Penalties for Murder
    The penalties for murder and capital murder can be found in Chapter 12 of the Texas Penal Code. Under Section 12.32, the crime of murder is considered a felony in the first degree. This is punishable by the following:
    • Fine: up to $10,000
    • Prison sentence: between five and 99 years
    Section 12.31 defines capital murder as a capital felony offense. If convicted of a capital felony, the options for punishment are life in prison or the death penalty. The minimum age in Texas that a person can receive the death penalty is seventeen years of age or older. When the death penalty is not sought in a capital felony crime, the options for punishment are as follows:
    • Life in prison (mandatory): if the person committed the crime when younger than 18 years of age
    • Life in prison without parole (mandatory): if the person committed the crime when 18 years of age or older
    https://www.dfwcriminallawyer.com/murder/
     
  4. missingm

    missingm Well-Known Member

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    Manslaughter was one of the options for the jury. I think the confusion comes in where murder in Texas is more all encompassing than in other states. Other states break it up into 1st and 2nd degree.

    The difference will come out in sentencing.
     
  5. Lillymac

    Lillymac Well-Known Member

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    If this trial was right..why is everyone so shocked? There are those making the whole sordid affair about race.
    It wasn't about race.
     
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  6. sloane7777

    sloane7777 Well-Known Member

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    (good one)
     
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  7. BeachSky

    BeachSky Well-Known Member

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    That is a great point.
     
  8. missingm

    missingm Well-Known Member

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    She wasn't even "in" the apartment, hers or otherwise.
     
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  9. blue22

    blue22 Well-Known Member

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    Seeing as how those people are convicted of capital murder and AG is convicted of murder, the difference is already there.
     
  10. Hraefn

    Hraefn Verified Attorney

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    I think they will start with an appeal on the “change of venue” issue, and IMO she is going to get new counsel and try “ineffective assistance of counsel” as well. And guarantee they are already attempting to interview jurors.
     
  11. sloane7777

    sloane7777 Well-Known Member

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    because even though we support LE , we needed this so a cop just cant walk into your house and murder you , usually LE gets off if there is a question this had no questions she admitted she intended to KILL but we aren't used to getting justice in these cop killings, that's why.
     
  12. Bennettfit

    Bennettfit Well-Known Member

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    Let's hope it does change the gung-ho behavior exhibited by some in LE.
    I for one don't want to see anymore innocent people in their own homes shot and killed.
     
  13. Carolina Girl

    Carolina Girl Well-Known Member

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    I think she will get 10 years MOO.
     
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  14. kaen

    kaen Trying to be a good human.

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    Speaking only for me. I did not have faith that a jury would be able to go beyond her uniform and look at the facts as I understood them. I watched the trial and became more convinced of her guilt. When the Castle Doctrine was allowed to be introduced, I saw it as a way to justify her actions while giving Mr. Jean no credit for being in his own home, minding his own business. So, in short, it was about the sway of her being an officer and the kind of investigation that was done initially. I think the charge was right and the verdict is fair.
     
  15. Kittybunny

    Kittybunny Well-Known Member

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    I admit to being pleasantly surprised at the verdict but that was the right call. Kudos to the jury for considering the verdict under the very specific Texas laws, not the general layman's terms for murder, which many uninformed people seem to trip up on. She point blank admitted on the stand that her intent was to kill him. I believe that she also really did make a mistake in thinking it was her apartment, but it was an unreasonable one. And then of course, there is what she actually did when she went in, which was to unholster her weapon before she even went in and knew what she would find, and shoot Mr. Jean without thought, consideration, prudence, or common sense, when she had many other options available to her as a LE officer wearing a uniform and carrying many non-lethal weapons, one of which included a cell phone. She could have:
    1. Retreated and called 911
    2. Knocked on the door and said "HEY! Who's in there? I'm a police officer, come out with your hands up" - and if she got no response, retreated and called 911
    3. Paused, assessed the situation and then proceeded cautiously while issuing verbal commands (which although this is what she said she did, evidence, testimony, and bullet trajectory do not support)
    4. Paused, assessed the situation, be like "Wait why is there someone in my apartment" looked at her surroundings which included a BRIGHT RED DOORMAT, read the apartment number, relaxed and laughed to herself, "Oh my god, I'm at the wrong apartment! What an idiot!" and got back on the elevator to continue sexting with her partner, leaving Mr. Jean to enjoy his bowl of ice cream with cookies :(

    Sadly, none of these happened. What a tragedy all around, and yes, despite her callous behavior after, I do feel a bit sorry for her too, because who imagines that this would end this way? But my real heartbreak is for Botham Jean's family and friends who have to live without his bright light in the world.
     
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  16. Cortne

    Cortne Well-Known Member

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    Hoping for at least 40. jmo
     
  17. kaen

    kaen Trying to be a good human.

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    The jurors are not yet dismissed. They will be back at 1pm CT. I fear you are right about the "ineffective assistance of counsel" for the appeal.
     
  18. gitana1

    gitana1 Verified Attorney

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    Well the law in TX allowed for murder. Elsewhere it would be manslaughter I believe. Or second degree murder.

    It's no mistrial. That would be during trial before it concludes.

    I doubt there are grounds for appeal. what grounds do you see? It has to be specific. Like the court made an error of law. Juror misconduct. Etc.

    As to how LE can respond? Why would it have an impact on that? She wasn't responding to a call to police. And she didn't respond according to her department's very clear protocol. They already prohibit such a response.

    Do you believe cops should be allowed to kill people no matter what because to hold them accountable ever would be to hinder their ability to enforce the law?

    She wasn't enforcing the law. She was violating it. And we don't live in a police state. Which is what the verdict reflects.
     
  19. Amster

    Amster Well-Known Member

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    Well, here in Texas, you kill somebody....we kill you back. Unfortunately, for those hoping for public hanging or lethal injection for AG, this was not a death penalty case. So, best you can get is life w/o parole or 99 years I think. Maybe some torture since she’s a former LE. Too bad Casey Anthony didn’t have this jury.....
     
  20. SailorMoon

    SailorMoon Let's go Patriots!!! Rock it Brady!

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    Now Dominque Alexander and his big celebration party will demand the protection of the police that he hates. IMO she would have shot whoever was in that apartment. Man, woman, black, white, purple. I don't think she got out of her truck thinking I'm going to kill someone right now. A tragic accident, and yet you can't just say - oops, my bad.
     
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