Amber Guyger, the police officer who killed Botham Jean in his own residence, may have her enchantment heard subsequent week.
In keeping with CBS in Dallas, Guyger’s enchantment argues she killed Jean by misake and that her conviction shouldn’t have been homicide, however criminally negligent murder. If her enchantment goes by way of, the sentence for criminally negligent murder is six months or up to 2 years in state jail.
In September of 2018, Guyger entered Jean’s residence in Dallas, Texas and shot him to death whereas he was consuming ice cream on his sofa. Throughout her trial, she testified that she thought she had entered her personal residence within the complicated the place they each lived, and due to this fact “had the suitable to behave in lethal power.”
Within the new enchantment, which was filed in August of 2020, Guyger’s attorneys argue that the proof initially submitted within the case “was legally inadequate to show past affordable doubt that Guyger dedicated homicide.”
They declare Guyger was confused about the place she was in her residence complicated since each the third and fourth flooring the place her and Jean’s flats had been positioned look an identical.
“Her mistaken perception negated the culpability for homicide as a result of though she deliberately and knowingly brought on Jean’s demise, she had the suitable to behave in lethal power in self-defense since her perception that lethal power was instantly obligatory was affordable underneath the circumstances,” the enchantment reads.
Guyger had each a taser and pepper spray on her together with the gun she used to kill Jean. Her legal professionals argue although that officers aren’t educated to make use of the non-lethal weapons “when confronted with a lethal scenario.”
“Regardless of the tragic penalties, contemplating all of the proof — whether or not admissible or inadmissible … Guyger acted fairly,” the enchantment reads, claiming Guyger “merely missed” the clues she was coming into the improper residence.
Through the trial, Guyger’s attorneys argued that Jean’s demise occurred as a result of “malfunction” on his door and the “absurd design” and incompetent administration” of the residence constructing.
Amber Guyger has been in jail since October of 2019.