GUILTY TX - Former Dallas Police Officer Amber Guyger, indicted for Murder of Botham Shem Jean #7

[Weki]

I highly doubt there are any winnable appeal issues here. I trust Judge Kemp’s judgement. She would not have disallowed the expert testimony unless she was certain it was well within her discretion. And I believe it was. She fleshed out the testimony outside the presence of the jury. She put on the record exactly what the experts planned to say and I agree with her conclusions. And I think these expert testimonies saying they believe the defendants actions were reasonable should never be allowed. That’s for a jury to decide. As for the gun expert, his testimony was hollow. He was just going to speculate and give possibilities. That’s not expert testimony. If jury is not allowed to speculate, neither should an expert. The scene was changed after EMS arrived so there’s no way to know the exact positioning of Botham. That was a sound call by Judge Kemp.

This jury was clearly pretty much on the same page with their verdict and I think they’ll quickly reach a sentence and I don’t think it’ll be light or harsh. I just can’t imagine less than 10 years after they reached a murder conviction in 6 hours incl lunch.

 

[turaj]

I saw on the last thread a number of posts relevant to probation and when she is up for that...everything I heard on court tv etc. indicated that in Texas for this offense NO probation(or parole not sure what early release is called) is possible. Anyone 100% sure what the story is on this?

 

[wyome]

Let's say they give her 50...what's Texas parole like? Does everyone get an opportunity at parole after a certain percentage of the sentence is met?

 

[Mandos]

I am going to bet that she gets all 99 years. This jury doesn't like AG much. They are sending a message. I bet that they decide fairly quickly.

That's seems highly unlikely, if a cursory google search about Texan murder cases tells me anything. A singular planned premeditated murder tends to land in the 40-50 years range and this case isn't remotely like that. I'd be shocked if AG gets less than 10 years or more than 30 years, but where it's going to land precisely within that range is anyone's guess.

 

[Mandos]

Let's say they give her 50...what's Texas parole like? Does everyone get an opportunity at parole after a certain percentage of the sentence is met?

https://www.avvo.com/legal-guides/ugc/what-is-a-3g-offense-in-texas-and-how-does-it-affect-parole

If I read this correctly she'll be eligible for parole after serving 50% of her sentence, so if she gets 20 years, she'll be up for parole after 10 years.

 

[sds71]

Now that #AmberGuyger is a convicted murderer, she did not walk into the courtroom with her attorneys this AM. Sheriff's deputies are bringing her from Dallas County jail where she spent her first night #BothamJean
@CourthouseNews

 

[sloane7777]

Good morning my lovely friends! I'm ready to get this emotional show on the road, earphones , phone , Starbucks and ability to tune my coworkers out Check! lets go! RIP Botham Jean we got your back!

 

[Weki]

I’m gonna go ahead and predict they’ll land between 15 and 25 years. I also think Judge Kemp would not have given her a lighter sentence either; given the murder conviction and the fact that there are zero mitigating factors here. The conviction says loud and clear jury didn’t buy her defense. So the only thing that would make the sentence lighter are mitigating circumstances. With all the bs that was revealed about her yesterday she’s not exactly endangering sympathy right now. Her taking the stand is only going to show what a narcissist she is and won’t help her. She’s in God’s hands now!

 

[sloane7777]

https://www.avvo.com/legal-guides/ugc/what-is-a-3g-offense-in-texas-and-how-does-it-affect-parole

If I read this correctly she'll be eligible for parole after serving 50% of her sentence, so if she gets 20 years, she'll be up for parole after 10 years.

The judge said no parole! I hope not I'm really hoping for at least 10 years!

 

[turaj]

https://www.avvo.com/legal-guides/ugc/what-is-a-3g-offense-in-texas-and-how-does-it-affect-parole

If I read this correctly she'll be eligible for parole after serving 50% of her sentence, so if she gets 20 years, she'll be up for parole after 10 years.

I posted above asking why people are talking about probation at all. Per any media I can find it is as follows"Guyger faces a sentence of five years to life in prison, without the possibility of probation. "

 

[Cryptic]

The defense didn't have much to work with to begin with, but after she took the stand and we found out just how self centered she is, she looked even worse.

This seems to illustrate that allowing a defendant to testify is a two part analysis for the attorney: Legal issues and Personality issues.

Core personality traits can be very difficult to suppress, especially under stress. Likewise, skilled interrogators or cross examiners are probably also good at identifying possible negative core personality traits in their subjects.

They then ask lead in questions to bring those traits to the fore front. Things then go down hill.....

 

[Mandos]

The judge said no parole! I hope not I'm really hoping for at least 10 years!

Hmmm, can a Texan judge declare someone to be ineligible for parole? Nothing comes up when I try to google the relevant statute. Are you sure the judge wasn't talking about probation instead?

 

[Weki]

Parole is different from probation. Once a prisoner is under the custody of DOC, I believe unless the sentence says specifically life without parole, they could be eligible. I think it depends on their classification, behavior while inside etc. and just bc they are eligible doesn’t mean they’ll get it. I also think there are sentencing guidelines that specify when they’re eligible. A lot of those specifics don’t get brought up during the sentencing phase. So it’s hard to suss out.

 

[stargazer17]

I saw on the last thread a number of posts relevant to probation and when she is up for that...everything I heard on court tv etc. indicated that in Texas for this offense NO probation(or parole not sure what early release is called) is possible. Anyone 100% sure what the story is on this?

I heard that too, whatever her sentence is, she has to serve it in full.

 

[BeachSky]

Dallas County Inmate Handbook:

https://www.law.umich.edu/special/policyclearinghouse/Documents/Dallas County - Inmate Handbook.pdf

 

[Leve]

Regarding the apartment complex being liable for faulty door locks, I found one witness testimony about her lock being tricky when it rained (humidity maybe ?). I could be wrong but I think another resident also testified about his lock.

At 26:29

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In that case they can also sue the lock maker along with the apartment complex.

 

[Mandos]

https://www.tdcj.texas.gov/bpp/publications/PIT_2017_Eng.pdf

The handbook for the Texas parole board says she'd be up for parole after serving 50% of her sentence. Of course, that doesn't mean she'd be released, just that she'd be up for parole.

 

[turaj]

Parole is different from probation. Once a prisoner is under the custody of DOC, I believe unless the sentence says specifically life without parole, they could be eligible. I think it depends on their classification, behavior while inside etc. and just bc they are eligible doesn’t mean they’ll get it. I also think there are sentencing guidelines that specify when they’re eligible. A lot of those specifics don’t get brought up during the sentencing phase. So it’s hard to suss out.

No Texan legal authority here but each and every commentator on the topic indicates Texas law says no parole for this offense. I don't think the judge is going anything other than upholding the laws of Texas.

 

[imstilla.grandma]

She also admitted under aggressive questioning that she never once said during the 911 call that she was scared or that she thought he had a gun. She also admitted that she never said during the call that Jean was charging at her.

According to some legal experts, the judge may have been appeal-proofing the the Amber Guyger trial outcome by including Castle Doctrine and “mistake of fact.” An appeals court may have more easily overturned the conviction if jurors weren’t allowed to consider both. #BothamJeanNBC DFW on Twitter

A Disturbing Timeline Of Dallas Police Officer Amber Guyger Killing Botham Jean In His Own Home

Amber Guyger Said She Was Racist And It Wasn’t Allowed In The Trial

 

[BeachSky]

In that case they can also sue the lock maker along with the apartment complex.

Also the design of the building is very popular in the DFW area... clean lines, modern, minimal markings. My nephew lives in such. Let’s hope this case sends a wake up call to clearly mark all floors, parking levels ,doors.

MOO