# Dallas cop kills innocent man **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [September 10, 2018, 7:32pm UTC](https://boards.straightdope.com/t/dallas-cop-kills-innocent-man/821119 "2018-09-10T19:32:41Z")\ **Posts on this page:** 13\ **Page:** 39
**Author:** ![k9bfriender](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/k9bfriender/32/3283_2.png) [@k9bfriender](https://boards.straightdope.com/u/k9bfriender)\ **Post date:** [October 23, 2019, 8:35pm UTC](https://boards.straightdope.com/t/dallas-cop-kills-innocent-man/821119/762 "2019-10-23T20:35:27Z")
> [@Saint\_Cad](#): > > Part of this is when a cop gets fired for any abuse of power or other behavior that shows they are unfit to be a cop, they just move on to the next law enforcement and pick up from where they left off. Imagine if it were similar to teacher where if you majorly fuck up you are out of the career forever? If the fuck up means that they are directly responsible for the death of a student, yeah, I got no problem with them never teaching again. ---
**Author:** ![orcenio](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/orcenio/32/1036_2.png) [@orcenio](https://boards.straightdope.com/u/orcenio)\ **Post date:** [October 23, 2019, 8:57pm UTC](https://boards.straightdope.com/t/dallas-cop-kills-innocent-man/821119/763 "2019-10-23T20:57:28Z")
Guyger will probably be [appealing her conviction](https://www.vox.com/identities/2019/10/23/20928653/amber-guyger-appeal-murder-conviction-botham-jean). If so, hug rescinded? ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [October 23, 2019, 11:20pm UTC](https://boards.straightdope.com/t/dallas-cop-kills-innocent-man/821119/764 "2019-10-23T23:20:23Z")
Is it possible for the sentence to be _increased_ if the defendant appeals the conviction? I’m thinking of her as well as Brock Turner, who appealed a sentence that many found really light. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [October 24, 2019, 1:16am UTC](https://boards.straightdope.com/t/dallas-cop-kills-innocent-man/821119/765 "2019-10-24T01:16:21Z")
According to the wiki article on the Turner case, he appealed unsuccessfully from conviction, not sentence. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [October 24, 2019, 1:18am UTC](https://boards.straightdope.com/t/dallas-cop-kills-innocent-man/821119/766 "2019-10-24T01:18:56Z")
I don’t understand the difference; the post before mine says that she appealed her conviction. ---
**Author:** ![Spiderman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spiderman/32/230_2.png) [@Spiderman](https://boards.straightdope.com/u/Spiderman)\ **Post date:** [October 24, 2019, 12:59pm UTC](https://boards.straightdope.com/t/dallas-cop-kills-innocent-man/821119/767 "2019-10-24T12:59:40Z")
> [@Dewey\_Finn](#): > > I don’t understand the difference; the post before mine says that she appealed her conviction. Separate things. If the conviction is overturned, then there is no sentence. However if the sentence is disproportionate to the crime one could still petition the courts for a lesser sentence ie. “I’m guilty but I shouldn’t get 20 years for shoplifting if she only got 10 for killing someone.” ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [October 24, 2019, 1:03pm UTC](https://boards.straightdope.com/t/dallas-cop-kills-innocent-man/821119/768 "2019-10-24T13:03:05Z")
OK, I guess my question is whether it’s possible for the conviction to upheld on appeal, but the sentence to get harsher? ---
**Author:** ![eschrodinger](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eschrodinger/32/122_2.png) [@eschrodinger](https://boards.straightdope.com/u/eschrodinger)\ **Post date:** [October 24, 2019, 1:28pm UTC](https://boards.straightdope.com/t/dallas-cop-kills-innocent-man/821119/769 "2019-10-24T13:28:25Z")
Sometimes the state can appeal an overly lenient sentence if the court did not follow the law, and a sentence can be increased if the appeal is successful. (The Hammonds case that was an impetus in the Malheur stand-off is an example.) I have heard here that this was a guidelines sentence, so if that’s true, the state won’t be able to appeal it… If she appeals the conviction and is successful in getting a new trial, and is again convicted, it is possible for her to get a harsher sentence, but relatively uncommon. There are constitutional limitations on imposing a harsher sentence after a successful appeal, to ensure defendants are not being punished for appealing. Typically, a harsher sentence after a successful appeal is presumed to be vindictive, (in a subsequent appeal) and the state has to rebut the presumption by showing it was instead based on new evidence. So, it is very unlikely that she would get a harsher sentence following an appeal. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [April 28, 2021, 10:08pm UTC](https://boards.straightdope.com/t/dallas-cop-kills-innocent-man/821119/770 "2021-04-28T22:08:15Z")
> **[Ex-Dallas officer who killed neighbor appeals guilty verdict](https://apnews.com/article/amber-guyger-botham-jean-e2d336c1cecfb79df21bde78e50594bf)** > > DALLAS (AP) — A panel of three Texas appeals court judges appeared skeptical Tuesday of arguments to overturn the conviction of a former Dallas police officer who was sentenced to prison for fatally shooting her neighbor in his home... Appeal heard and reserved by Texas appeals court. ---
**Author:** ![muldoonthief](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muldoonthief/32/3188_2.png) [@muldoonthief](https://boards.straightdope.com/u/muldoonthief)\ **Post date:** [September 9, 2021, 2:04pm UTC](https://boards.straightdope.com/t/dallas-cop-kills-innocent-man/821119/771 "2021-09-09T14:04:10Z")
The murder conviction was [upheld on appeal.](https://www.cbsnews.com/news/amber-guyger-muder-conviction-upheld-texas-appeals-court-bvotham-jean/) ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [October 1, 2026, 9:28pm UTC](https://boards.straightdope.com/t/dallas-cop-kills-innocent-man/821119/773 "2026-10-01T21:28:04Z")
Amber received parole after serving 7 years in prison. Her original sentence is 10 years. She is a convicted felon and can’t possess a gun. She’ll have to find a job and eventually a new career. Maybe Amber took college classes in prison? It appears that there were no disciplinary problems while in prison. [https://www.wfaa.com/article/news/crime/amber-guyger-granted-parole-after-serving-seven-years-in-prison-in-shooting-death-of-botham-jean/287-0f76f445-76ae-4413-920e-efdbc7d0c88c](https://www.wfaa.com/article/news/crime/amber-guyger-granted-parole-after-serving-seven-years-in-prison-in-shooting-death-of-botham-jean/287-0f76f445-76ae-4413-920e-efdbc7d0c88c) > [@](#): > > According to the Texas Board of Pardons and Parole, the reasons for approval were: > > - The record does not include a documented pattern of violent or assaultive arrests/convictions. > - The record indicates that the offender has maintained a satisfactory institutional adjustment. > - The record indicates participation in and completion of programs and activities in the individual treatment plan that should enhance chances to obtain and maintain full-time stable employment. ---
**Author:** ![DPRK](https://avatars.discourse-cdn.com/v4/letter/d/4491bb/32.png) [@DPRK](https://boards.straightdope.com/u/DPRK)\ **Post date:** [October 1, 2026, 9:33pm UTC](https://boards.straightdope.com/t/dallas-cop-kills-innocent-man/821119/774 "2026-10-01T21:33:05Z")
A _pardon_, or a more usual 1/3 of jail time off for good behaviour? ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [October 1, 2026, 9:34pm UTC](https://boards.straightdope.com/t/dallas-cop-kills-innocent-man/821119/775 "2026-10-01T21:34:38Z")
I’m sorry. That was a typo caused by autocorrect. Amber got parole. I corrected my post to avoid any confusion. Hard to believe this shooting happened on Sept. 6, 2018. It seems like only 3 or 4 years ago to me. My last years of life are just flying by. I’m sure it seemed much longer to Amber. I’ve heard ex-cops can be targeted in prison. The news didn’t say if she goes to a half-way house or gets released. [Previous page](https://boards.straightdope.com/t/dallas-cop-kills-innocent-man/821119.md?page=38)