Photo provided courtesy of Pixabay
By Matthew Minard, Staff Writer
On Tuesday, October 1, 2019, former Dallas Police Office Amber Guyger was found guilty of murder in the killing of Dallas resident Botham Jean.[1] The trial was of high national interest as discourse regarding killings of black people by police officers has been growing over the last five to ten years.[2]
The trial concerned an incident that occurred on September 6, 2018.[3] Guyger, a downstairs neighbor of Jean in South Side Flats apartment complex, was returning home from her shift with the Dallas Police Department (“Dallas PD”). [4] She approached Jean’s apartment, which she claims she mistakenly believed was hers, and noticed the door was slightly ajar.[5] She opened the door and claims she heard a voice and noticed a “dark silhouette”.[6] Supposedly believing the figure was an intruder, she told Jean to raise his hands, and then fired twice, killing Jean in his own apartment.[7]
A warrant was issued for Guyger’s arrest and she was subsequently charged with manslaughter. [8] She was released on bail and placed on administrative leave by the Dallas PD.[9] On November 30, she was indicted for murder by a grand jury and trial began on September 23, 2019.[10] During trial, the court instructed the jury to determine two things; (1) whether Guyger’s use of deadly force was reasonable under the circumstances, and (2) whether the prosecution could prove beyond a reasonable doubt that the killing was intentional.[11] Had the jury found the killing was not intentional, Guyger would have been acquitted for murder.[12]
Following a dispute between Guyger’s attorneys and Judge Tammy Kemp over jury instruction, Kemp ruled the jurors could consider the Castle Doctrine during deliberations. [13] This doctrine states one is “allowed to use force (even deadly force) in the protection of a home, vehicle, or other property if someone attempts to forcibly enter or remove an individual from the premises.”[14]
Once arguments began, the prosecution argued that in her actions, Guyger gave “no opportunity for de-escalation, no opportunity for him to surrender” before she fired her weapon. [15] Guyger’s defense attorney rebutted by accusing the prosecution of “making innocent mistakes into evil acts.”[16] He further declared “the only justice, in this case, is to find Amber Guyger not guilty.”[17]
Following opening arguments, the jury was showed footage from body cams of responding officers from the night of the incident.[18] In the footage, a distraught Guyger is seen repeatedly saying “I thought it was my apartment” while officers attempted to revive an unconscious Jean, but to no avail.[19]
On September 26, Guyger testified in her own defense and spoke of the fear and panic she felt when she noticed Jean in what she supposedly believed was her own apartment.[21] On September 30, the jury commenced deliberations and within 24 hours they returned with a guilty verdict.[21]
The prosecution used seemingly minor details of the incident to prove Guyger’s killing was intentional. [22] Assistant District Attorney Jason Hermus emphasized the red doormat that was outside of Jean’s front door, with no such similar doormat being outside of Guyger’s door.[23] This fact was key in the jury’s determination that this killing was likely not a mistake.[24] Hermus also pointed to the fact Guyger testified she saw no weapon on Jean nor had any reason to believe he had one on his person.[25] Hermus argued this was not enough justification for Guyger to discharge her weapon.[26] Following the guilty verdict, on October 2, Guyger, 28, was sentenced to ten years in prison.[27]
Some in the legal community believe this case, among other recent cases of the same nature, may be signaling a shift in the accountability of first responders regarding the use of deadly force.[28] Former state and federal prosecutor Aaron Wiley claims courts are beginning to move away from a standard where police officers were rarely convicted for murder in situations similar to the Guyger case.[29]
“It’s a seismic shift,” Says Wiley. “At the end of the day, there is a healthy skepticism regarding law enforcement officials.[30]
Guyger is the third police officer to be convicted of murder in the last two years in the Dallas area alone.[31] Former Dallas officers Ken Johnson and Robert Oliver were both convicted and sentenced in killings of unarmed civilians during 2018.[32]
“Historically, first responders have been given deferential treatment,” said former federal prosecutor Brian Poe.[33] “We may be seeing a shift here where that’s not the case anymore. They’re not getting the pass like they used to.”[34]
[1] https://abcnews.go.com/US/death-innocent-man-timeline-wrong-apartment-murder-trial/story?id=65938727
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] https://www.nbcnews.com/news/us-news/amber-guyger-found-guilty-murder-trial-fatal-shooting-neighbor-botham-n1060506
[9] Id.
[10] Id.
[11] Id.
[12] Id.
[13] https://dfw.cbslocal.com/2019/09/30/jury-consider-castle-doctrine-amber-guyger-murder-trial/
[14] Id.
[15] https://abcnews.go.com/US/death-innocent-man-timeline-wrong-apartment-murder-trial/story?id=65938727
[16] Id.
[17] Id.
[18] Id.
[19] Id.
[20] Id.
[21] Id.
[22] https://www.dallasnews.com/news/courts/2019/10/01/legal-experts-say-amber-guyger-guilty-verdict-signals-major-shift-juries-view-police-officers/
[23] Id.
[24] Id.
[25] Id.
[26] Id.
[27] https://www.nbcnews.com/news/us-news/amber-guyger-found-guilty-murder-trial-fatal-shooting-neighbor-botham-n1060506
[28] https://www.dallasnews.com/news/courts/2019/10/01/legal-experts-say-amber-guyger-guilty-verdict-signals-major-shift-juries-view-police-officers/
[29] Id.
[30] Id.
[31] Id.
[32] Id.
[33] Id.
[34] Id.
