Ex-Dallas police officer Amber Guyger guilty in wrong-apartment murder

[webfact]

Ex-Dallas police officer Amber Guyger guilty in wrong-apartment murder

 

Botham Jean’s mother, Allison Jean, rejoices in the courtroom after former Dallas police officer Amber Guyger was found guilty of murder by a 12-person jury in the 204th District Court at the Frank Crowley Courts Building in Dallas, Texas, U.S. October 1, 2019. Tom Fox/POOL via REUTERS

 

DALLAS (Reuters) - A Dallas jury on Tuesday found former police officer Amber Guyger guilty of murder for accidentally walking into a neighbour's apartment while thinking it was her own and fatally shooting him as he ate ice cream.

 

The Sept. 6, 2018 killing of Botham Jean, a 26-year-old black PwC accountant, by a white officer sparked street protests, particularly when prosecutors initially opted to bring the lesser charge of manslaughter against Guyger, 31.

 

"We the jury unanimously find the defendant Amber Guyger guilty of murder as charged in the indictment," Judge Tammy Kemp read aloud to the courtroom from the jurors' statement. A sob cut the judge off and Kemp paused to address the courtroom: "No outbursts."

 

Guyger, 31, could face life in prison for the slaying.

 

The jury began hearing testimony during the sentencing phase of the trial - Texas is among a handful of U.S. states where juries can decide on sentencing - but adjourned for the day by late afternoon.

 

A Dallas jury found former police officer Amber Guyger guilty on Tuesday of murder for shooting a man dead in his own apartment as he ate ice cream. Guyger had said it was an accident. Tamara Lindstrom reports.

 

Prosecutors showed them several text messages that painted Guyger as a violent racist.

 

One text Guyger wrote in January 2018 stated how she would like to use pepper spray on the crowd at a Martin Luther King Jr. parade in Dallas, while in another she wrote that her black police colleagues "just have a different way of working and it shows."

 

Guyger also shared a post on Pinterest that stated: "I wear all black to remind you not to mess with me, because I'm already dressed for your funeral."

 

RARE CONVICTION

It is relatively rare for U.S. police officers to be convicted of murder for shooting people they view as suspects. But unlike other recent high-profile killings, such as those of Michael Brown in Missouri and Philando Castile in Minnesota, Guyger was not on duty or responding to a reported crime when she pulled the trigger.

 

"Botham was the best we had to offer. It shouldn't take all that for unarmed black and brown people to get justice," said civil rights attorney Benjamin Crump, who is representing the Jean family.

 

"This verdict is for Trayvon Martin, for Michael Brown ... for Eric Garner ... for so many unarmed black and brown unarmed human beings across America."

 

Martin, whose family was also represented by Crump, was shot and killed in 2012 by a civilian neighbourhood watchman in Florida, who was cleared.

 

Garner died in 2014 when a New York police officer put him in a prohibited chokehold, that officer was fired last month.

 

Guyger, who had spent four years on the force before the killing, took the rare step of testifying in her own defence during her trial, tearfully expressing regret for shooting Jean but saying she had believed her life was in danger when she pulled the trigger.

 

During the trial, Guyger's defence attorney said she was "on autopilot" after a long work day, when she mistakenly parked on the wrong floor in the garage and was able to enter Jean's apartment because he had left the door slightly ajar.

 

"I'm so sorry, I'm so sorry. I have to live with this every single day," Guyger told the jury of eight women and four men.

 

In cross-examination, Assistant District Attorney Jason Hermus asked her, "When you shot him twice, you intended to kill him, didn't you?"

 

"I did," Guyger responded, in a calm voice.

 

NO FIRST AID

Prosecutors also argued that Guyger did little to help Jean even after realizing her mistake, calling the 911 emergency phone number for an ambulance but not administering first aid.

 

Hermus also told the jury that Guyger missed blatant clues that she was not in her own apartment - including the smell of marijuana smoke - because she was distracted after a 16-minute phone conversation on her commute with her former police partner. Guyger testified that the call was in relation to work.

 

Neither prosecutors nor the defence focused on race during the trial.

 

Lee Merritt, another lawyer for the Jean family, said they were unsurprised by the verdict.

 

"You had someone who was unarmed, unaggressive eating a bowl of ice cream, and somebody barged in and shot him to death," Merritt told reporters after the verdict was read. "We believed the right verdict would come out, though we knew that in America that is rare."

 

Jean's mother, Allison, was the first to provide testimony in the sentencing phase of the trial. She told the jury her son was a star student who had attended Harding University, a Christian school in Arkansas.

 

When asked about the moment she learned her son had been killed, she choked on tears.

 

"My life has not been the same. It's been a roller coaster," she said. "I cannot sleep. I cannot eat. It's just been the most terrible time for me." 

 

(Reporting by Bruce Tomaso; Additional reporting by Brad Brooks in Austin, Texas; Editing by Scott Malone, Sandra Maler and Tom Brown)

 

-- © Copyright Reuters 2019-10-02

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[Tug]

Good hope she gets at least 10 yrs with that kind of judgment she had no business beeing a cop

[Basil B]

I can understand someone possibly mistaking an apartment from the outside, but once she opened the door surly she should have realised???

[neeray]

Her weak-kneed defense was nothing but a pack of lies.

Enjoy your prison time lady. You deserve whatever you get.

 

[pegman]

Surprised, usually white cops who shoot blacks dead, in that racist country, get a ticket to walk. I thought that state had the death penalty? Is there an exemption for whites who kill blacks? Tellingly, when given a chance to talk, she described how terrible it was for her.

 

 

[pegman]

A good commentary on the police state that country has turned into.

 

 

[Basil B]

3 hours ago, pegman said:

Surprised, usually white cops who shoot blacks dead, in that racist country, get a ticket to walk. I thought that state had the death penalty? Is there an exemption for whites who kill blacks? Tellingly, when given a chance to talk, she described how terrible it was for her.

 

 

I have to think if she actually went to his apartment on purpose to kill him? something that is unlikely to be provable.

Also not sure if the Death Penalty in Texas would only apply if it could be proved if it were premeditated, but sure likely to be commuted by a racist POTUS who breastfeed by the KKK. 

[spidermike007]

This is great news. Finally, an American cop is convicted for killing a black person. Not sure I would ever live to see the day that happened. Racism is still rampant in the US, and the judicial system is mighty reflective of that. 

[Saint Nick]

Good!

[mtls2005]

I mean, she confessed and acknowledged that she killed Mr. Jean in testimony.

 

I wonder who made the call for a jury trial?

 

5 hours ago, webfact said:

During the trial, Guyger's defence attorney said she was "on autopilot" after a long work day

 

Ah, the old "autopilot" defense.

 

 

Was she on autopilot when she was on duty?

 

 

[DoctorG]

1 hour ago, Basil B said:

I have to think if she actually went to his apartment on purpose to kill him? something that is unlikely to be provable.

Also not sure if the Death Penalty in Texas would only apply if it could be proved if it were premeditated, but sure likely to be commuted by a racist POTUS who breastfeed by the KKK. 

The first part of your post was good. Too bad you spoilt it with your slanderous bias.

[DoctorG]

She tried for the Castle Principle as her defence but that was clearly ridiculous and I am glad they convicted.

[mercman24]

well that beats all Thai excuses, *i thought my life was in danger,* BY AN ICE CREAM , maybe it was a sharp pointed CORNETTO , throw the key away.

[Jingthing]

It sounds like the correct verdict but it's still OK to feel sorry for the convicted person for making such a grievous mistake. It was murder but no way was it premeditated murder.

[Happy Grumpy]

5 minutes ago, mercman24 said:

throw the key away.

Yes. 40 years+ please.

[cmarshall]

Would she have been convicted if she were a white male cop who was thoughtful enough to put a steak knife in the corpse's hand before calling it in?

 

Sounds more like manslaughter to me than murder, but I haven't followed the case closely.  

[Emdog]

6 hours ago, pegman said:

Surprised, usually white cops who shoot blacks dead, in that racist country, get a ticket to walk. I thought that state had the death penalty? Is there an exemption for whites who kill blacks? Tellingly, when given a chance to talk, she described how terrible it was for her.

 

 

USA has plenty of racists, as is true in every country I've visited, but your brush is a tad too wide to paint it as "racist country" IMO.

I suspect no death penalty as murder was not premeditated, more like a "crime of opportunity" given her racist mind set.

[Saint Nick]

32 minutes ago, Jingthing said:

It sounds like the correct verdict but it's still OK to feel sorry for the convicted person for making such a grievous mistake. It was murder but no way was it premeditated murder.

Wait...I have to feel sorry for a woman, who killed an unarmed man in his own apartment, made the dumbest excuses I have ever heard, was backed up by some BS-a-hole with the "but he smoked grass"- explanation?

Let me think about that for a mo...no!

[Scot123]

3 hours ago, Basil B said:

I have to think if she actually went to his apartment on purpose to kill him? something that is unlikely to be provable.

Also not sure if the Death Penalty in Texas would only apply if it could be proved if it were premeditated, but sure likely to be commuted by a racist POTUS who breastfeed by the KKK. 

I think it is you who is racist. Try researching Trump and his businesses with regards to recruitment. Racist is the one thing if you have a brain you can not accuse him of. You can accuse him of only employing people on skill set regardless of colour or sex (ask his lead architect who is female (no other major firm she applied to would employ her) and I think Mexican origin). Phew.... 

[Chomper Higgot]

39 minutes ago, Scot123 said:

I think it is you who is racist. Try researching Trump and his businesses with regards to recruitment. Racist is the one thing if you have a brain you can not accuse him of. You can accuse him of only employing people on skill set regardless of colour or sex (ask his lead architect who is female (no other major firm she applied to would employ her) and I think Mexican origin). Phew.... 

He goes out of his way to employ cheap labour regardless of immigration status.

 

That’s not evidence he is not a racist.

[observer90210]

Good thing to get that trigger happy female with a badge, off the force and the streets.

 

But the training and dogma needs to be revised, as in US law enforcement training, the officer can shoot under the plain individual assomption of a threat and not as in other countries of the world where the armed police response must be proportionate or consist of a solid element of  threat.

Edited October 2, 2019 by observer90210

[madmen]

Its a mistake but I can understand it, just yesterday in my condo somebody was grabbing the door handle and trying to force a key. The look on the dudes face was of shock when I opened the door...yep wrong room

[IAMHERE]

It will be overturned on appeal.  It ain't over.

[Mick501]

1 hour ago, IAMHERE said:

It will be overturned on appeal.  It ain't over.

Yeah, sounds like the law in Texas requires premeditation as an element of a murder charge.  On what we're told, there's loads of stupidity, but hard to see how premeditation has been established. Probably get found to be an unsafe verdict and reduced to manslaughter.

[pacovl46]

If he had closed his door properly, he’d still be alive. It’s crazy how such a minor detail can cost one their life! 
 

Rest In Peace! 

[Scott]

Off-topic post and replies reported and removed.

[pegman]

7 hours ago, Mick501 said:

Yeah, sounds like the law in Texas requires premeditation as an element of a murder charge.  On what we're told, there's loads of stupidity, but hard to see how premeditation has been established. Probably get found to be an unsafe verdict and reduced to manslaughter.

She stated under questioning that her  determination was to shoot to kill him. That does not sound like an accident to me. Cops are trained to not hesitate and shoot to kill. That's what she did and that is murder. 

[webfact]

Dallas policewoman gets 10 years for murder; 'I forgive you,' victim's brother says

By Brad Brooks

 

Former Dallas police officer Amber Guyger is escorted from the courtroom after she was found guilty of murder by a 12-person jury in the 204th District Court at the Frank Crowley Courts Building in Dallas, Texas, U.S. October 1, 2019. Tom Fox/Pool via REUTERS

 

AUSTIN, Texas (Reuters) - Former Dallas police officer Amber Guyger was sentenced to 10 years in prison on Wednesday by a Texas jury that found her guilty of murder for walking into a neighbour's apartment thinking it was her own and shooting him as he ate ice cream.

 

The jury came to its verdict in less than six hours on Tuesday, convicting Guyger, who is white, in the 2018 killing of Botham Jean, a 26-year-old black PwC accountant. His death sparked street protests last year, particularly when prosecutors initially opted to bring the lesser charge of manslaughter against Guyger, 31.

 

The sentence was less than the 28 years prosecutors had sought. Judge Tammy Kemp said the jury had imposed no fine.

 

Lawyers for the victim's family said they believed the verdict was the first time a white female police officer had been found guilty of first-degree murder in the killing of an unarmed black man.

 

"This is a historic case and history provides us with a teachable moment," said civil rights attorney Benjamin Crump, who also represented the family of Trayvon Martin, the Florida teenager shot and killed in 2012 by a civilian neighbourhood watchman who was later cleared in court.

 

This case was unlike other recent high-profile killings, such as those of Michael Brown in Missouri and Philando Castile in Minnesota, since Guyger was not on duty or responding to a reported crime when she fired.

 

FORGIVENESS WITHIN, ANGER WITHOUT

After the sentence was handed down, Jean's younger brother Brandt offered Guyger his forgiveness.

 

"I forgive you, and I know if you go to God and ask him, he will forgive you. I'm speaking for myself, not my family, but I love you just like anyone else," Brandt Jean told Guyger.

 

Brandt Jean then asked the judge's permission to hug Guyger, the judge gave it, and he and Guyger ran to one another and embraced in the middle of the courtroom. They hugged, cried and spoke softly to one another for about a minute.

 

Texas unarmed black shooting victim Botham Jean's younger brother, Brandt Jean, asked for permission then hugged Amber Guyger, moments after the ex-cop was sentenced to 10 years for killing the elder Jean. Rough Cut (no reporter narration).

 

Outside the courthouse, the mood was less forgiving. Protesters blasted the sentence as too short, shouting, "No justice, no peace!" and "This is so wrong!"

 

With protesters at her side, Botham Jean's mother, Allison, criticized what she called the poor training of police and called on the city to "clean up" its act.

 

"Our life must move on, but our life must move on with change. There's gotta be a better day, and that better day starts with each and every one of us."

 

Guyger, who had spent four years on the force before the killing, took the rare step of testifying in her own defence during her trial, tearfully expressing regret for shooting Jean but saying she had believed her life was in danger when she pulled the trigger.

 

Prosecutors also argued that Guyger did little to help Jean even after realizing her mistake, calling the 911 emergency phone number for an ambulance but not administering first aid.

 

They also showed the jury several text messages that painted Guyger as racist.

 

Guyger wrote in one January 2018 message that she would like to use pepper spray on the crowd at a Martin Luther King Jr. parade in Dallas, while in another she wrote that her black police colleagues "just have a different way of working and it shows."

 

Guyger also shared a post on Pinterest that stated: "I wear all black to remind you not to mess with me, because I'm already dressed for your funeral."

 

During the trial, Guyger's defence attorney said she was "on autopilot" after a long work day, when she mistakenly parked on the wrong floor in the garage and was able to enter Jean's apartment because he had left the door slightly ajar.

 

"I'm so sorry, I'm so sorry. I have to live with this every single day," Guyger told the jury of eight women and four men.

 

In cross-examination, Assistant District Attorney Jason Hermus asked her, "When you shot him twice, you intended to kill him, didn't you?"

 

"I did," Guyger responded, in a calm voice.

 

(Reporting by Brad Brooks; Editing by Scott Malone, Cynthia Osterman and Lisa Shumaker)

 

-- © Copyright Reuters 2019-10-03

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[IAMHERE]

10 hours ago, pacovl46 said:

If he had closed his door properly, he’d still be alive. It’s crazy how such a minor detail can cost one their life! 
 

Rest In Peace! 

Doubtful, she'd of walked in any way, if it was locked then yes, but just closed she'd blasted him to kingdom come anyways.

[Saint Nick]

The brother of the victim...what a courageous human being and what a good person!