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Photo provided courtesy of Pixabay<\/p>\n
By Matthew Minard, Staff Writer<\/p>\n
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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]<\/sup><\/a> 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]<\/sup><\/a><\/p>\n The trial concerned an incident that occurred on September 6, 2018.[3]<\/sup><\/a> Guyger, a downstairs neighbor of Jean in South Side Flats apartment complex, was returning home from her shift with the Dallas Police Department (\u201cDallas PD\u201d). [4]<\/sup><\/a> She approached Jean\u2019s apartment, which she claims she mistakenly believed was hers, and noticed the door was slightly ajar.[5]<\/sup><\/a> She opened the door and claims she heard a voice and noticed a \u201cdark silhouette\u201d.[6]<\/sup><\/a> 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]<\/sup><\/a><\/p>\n A warrant was issued for Guyger\u2019s arrest and she was subsequently charged with manslaughter. [8]<\/sup><\/a>\u00a0She was released on bail and placed on administrative leave by the Dallas PD.[9]<\/sup><\/a> On November 30, she was indicted for murder by a grand jury and trial began on September 23, 2019.[10]<\/sup><\/a> During trial, the court instructed the jury to determine two things; (1) whether Guyger\u2019s 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]<\/sup><\/a> Had the jury found the killing was not intentional, Guyger would have been acquitted for murder.[12]<\/sup><\/a><\/p>\n Following a dispute between Guyger\u2019s attorneys and Judge Tammy Kemp over jury instruction, Kemp ruled the jurors could consider the Castle Doctrine during deliberations. [13]<\/sup><\/a> This doctrine states one is \u201callowed 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.\u201d[14]<\/sup><\/a><\/p>\n 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]<\/sup><\/a> Guyger\u2019s defense attorney rebutted by accusing the prosecution of “making innocent mistakes into evil acts.”[16]<\/sup><\/a> He further declared “the only justice, in this case, is to find Amber Guyger not guilty.”[17]<\/sup><\/a><\/p>\n Following opening arguments, the jury was showed footage from body cams of responding officers from the night of the incident.[18]<\/sup><\/a> In the footage, a distraught Guyger is seen repeatedly saying \u201cI thought it was my apartment\u201d while officers attempted to revive an unconscious Jean, but to no avail.[19]<\/sup><\/a><\/p>\n 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]<\/sup><\/a> On September 30, the jury commenced deliberations and within 24 hours they returned with a guilty verdict.[21]<\/sup><\/a><\/p>\n The prosecution used seemingly minor details of the incident to prove Guyger\u2019s killing was intentional. [22]<\/sup><\/a> \u00a0Assistant District Attorney Jason Hermus emphasized the red doormat that was outside of Jean\u2019s front door, with no such similar doormat being outside of Guyger\u2019s door.[23]<\/sup><\/a> This fact was key in the jury\u2019s determination that this killing was likely not a mistake.[24]<\/sup><\/a> 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]<\/sup><\/a> Hermus argued this was not enough justification for Guyger to discharge her weapon.[26]<\/sup><\/a> Following the guilty verdict, on October 2, Guyger, 28, was sentenced to ten years in prison.[27]<\/sup><\/a><\/p>\n 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]<\/sup><\/a> 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]<\/sup><\/a><\/p>\n \u201cIt\u2019s a seismic shift,\u201d Says Wiley. \u201cAt the end of the day, there is a healthy skepticism regarding law enforcement officials.[30]<\/sup><\/a><\/p>\n Guyger is the third police officer to be convicted of murder in the last two years in the Dallas area alone.[31]<\/sup><\/a> Former Dallas officers Ken Johnson and Robert Oliver were both convicted and sentenced in killings of unarmed civilians during 2018.[32]<\/sup><\/a><\/p>\n “Historically, first responders have been given deferential treatment,” said former federal prosecutor Brian Poe.[33]<\/sup><\/a> “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]<\/sup><\/a><\/a><\/p>\n [1]<\/a> https:\/\/abcnews.go.com\/US\/death-innocent-man-timeline-wrong-apartment-murder-trial\/story?id=65938727<\/a><\/p>\n [2]<\/strong><\/em><\/a> Id. <\/em><\/p>\n [3]<\/strong><\/em><\/a> Id. <\/em><\/p>\n [4]<\/strong><\/em><\/a> Id.<\/em><\/p>\n [5]<\/strong><\/em><\/a> Id. <\/em><\/p>\n [6]<\/strong><\/em><\/a> Id.<\/em><\/p>\n [7]<\/strong><\/em><\/a> Id.<\/em><\/p>\n [8]<\/a> https:\/\/www.nbcnews.com\/news\/us-news\/amber-guyger-found-guilty-murder-trial-fatal-shooting-neighbor-botham-n1060506<\/a><\/p>\n [9]<\/strong><\/em><\/a> Id. <\/em><\/p>\n [10]<\/strong><\/em><\/a> Id. <\/em><\/p>\n [11]<\/strong><\/em><\/a> Id. <\/em><\/p>\n [12]<\/strong><\/em><\/a> Id.<\/em><\/p>\n [13]<\/a> https:\/\/dfw.cbslocal.com\/2019\/09\/30\/jury-consider-castle-doctrine-amber-guyger-murder-trial\/<\/a><\/p>\n [14]<\/strong><\/em><\/a> Id. <\/em><\/p>\n [15]<\/a> https:\/\/abcnews.go.com\/US\/death-innocent-man-timeline-wrong-apartment-murder-trial\/story?id=65938727<\/a><\/p>\n [16]<\/strong><\/em><\/a> Id. <\/em><\/p>\n [17]<\/strong><\/em><\/a> Id. <\/em><\/p>\n [18]<\/strong><\/em><\/a> Id. <\/em><\/p>\n [19]<\/strong><\/em><\/a> Id. <\/em><\/p>\n [20]<\/strong><\/em><\/a> Id. <\/em><\/p>\n [21]<\/strong><\/em><\/a> Id. <\/em><\/p>\n [22]<\/a> https:\/\/www.dallasnews.com\/news\/courts\/2019\/10\/01\/legal-experts-say-amber-guyger-guilty-verdict-signals-major-shift-juries-view-police-officers\/<\/a><\/p>\n [23]<\/strong><\/em><\/a> Id.<\/em><\/p>\n [24]<\/strong><\/em><\/a> Id. <\/em><\/p>\n [25]<\/strong><\/em><\/a> Id. <\/em><\/p>\n [26]<\/strong><\/em><\/a> Id.<\/em><\/p>\n [27]<\/a> https:\/\/www.nbcnews.com\/news\/us-news\/amber-guyger-found-guilty-murder-trial-fatal-shooting-neighbor-botham-n1060506<\/a><\/p>\n [28]<\/a> https:\/\/www.dallasnews.com\/news\/courts\/2019\/10\/01\/legal-experts-say-amber-guyger-guilty-verdict-signals-major-shift-juries-view-police-officers\/<\/a><\/p>\n [29]<\/strong><\/em><\/a> Id.<\/em><\/p>\n [30]<\/strong><\/em><\/a> Id.<\/em><\/p>\n [31]<\/strong><\/em><\/a> Id. <\/em><\/p>\n [32]<\/strong><\/em><\/a> Id. <\/em><\/p>\n
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