Defense starts their case Friday. Court will continue into Saturday. The jury is sequestered and the judge wants to keep the case moving along.
Guyger is expected to testify in her defense.
I’ve been very impressed with the photo and video footage provide by the Texas Rangers. The 3rd & 4th floors of that apartment complex look identical. Guyger’s tragic mistake is more understandable. Toxicology shows she was not under the influence of drugs or alcohol. I’m beginning to see her actions in a much different light.
People that haven’t followed the trial may be very upset with the eventual verdict. I was initially very skeptical of the “I got off on the wrong floor” defense. I assumed she was hammered and stupidly blundered into Jean’s apartment. But it’s pretty compelling when the state’s own investigation shows just how this case unfolded. There have been cases where police executed warrants at the wrong address. Mistakes like this happen more often than we realize.
Guyger wasn’t being reckless. I wish she had paused and waited for backup. That’s the only reason I still think she may get convicted on a lesser charge.
I am upset at the verdict I think the jury will render. It is abominable that a man, minding his own business in his own home, is killed by some trigger-happy police officer, and we’re supposed to accept, “Oops, my bad,” as an acceptable response?
She was overworked, having come off an over 12 hour shift that day, and AIUI, served on a warrant service team. She was trained, even more so than the present norm for American law enforcement, to react aggressively to threats with overwhelming violence of action. Because that’s how you bring in people who don’t want to get arrested, and often strenuously and violently resist. Especially if you are small, as she appears to be, and female. I’m not surprised she used her firearm in the line of duty before this, and I’m not terribly surprised she did it that night.
Though she intended to shoot Mr. Jean, and used deadly force against him, I think her earnest mistake of fact negates the mens rea required for murder. But I think, she sure as hell was reckless in her disregard for determining whether she was in her apartment or whether Mr. Jean was a threat. The bullet that killed Mr. Jean went on a downward trajectory through his chest, and out his leg. I think she shot him as he was bent over, trying to get up off his couch.
You want to say she was negligent instead of reckless? Fine. But she cannot be excused for this. And she will.
It is a horrible tragedy. Had she only paused for a few minutes waiting for backup this would have never happened.
I’m sure Guyger would have looked around and noticed the differences in the hallway. Doormats were different, one neighbor had a large vase with flowers beside her door.
The backup officers would have probably caught the address error too. Long before anyone confronted Botham Jean.
I agree that Guyger’s assignment in high crimes made her more aggressive. She was alone and confronting a possibly armed suspect.
She was originally charged with a lesser crime, but after pressure from the community, the DA upgraded the charge to murder.
And I suspect you’re right- they might have got manslaughter or negligent homicide to stick, but murder may be a charge too far.
Personally, what I’m not liking is the constant noise from the Dallas black community about “justice” in this case, when in reality justice isn’t what they want, but vengeance. Anything shy of a murder conviction is going to be a huge shitstorm, even if justice is truly served with an acquittal.
I’ve been watching the live feed this morning. Guyger is the first witnesses. She testified about her background and working her way through college. Criminology major. They described her day at work and coming home. She lost composure and the judge took a 10 min break. Pretty compelling and IMHO a real breakdown. Similar to her actions seen on the officer’s bodycam video after the shooting.
There hasn’t been any new information. Guyger told her version of what happened.
What she said about Jean’s movements makes sense. He was standing when the door opened and walked towards her. That’s what I would have done. The noise at the door would have made me stand up. Naturally I’d approach the officer to see why they entered my apartment.
I haven’t heard any testimony about the volume of the tv. I wonder if that interfered with Jean’s attempt to speak to Guyger? She shot so quickly that he didn’t have time to say much.
So, hypothetically: Suppose Botham thought that Guyger was an armed intruder and then pulled out a gun of *his *own. Would this be a weird case where *both *parties would be invoking Stand Your Ground legislation? (assuming they somehow both lived to tell the tale)
Again, IANAL, but it’s not a Stand Your Ground case. For either party. For Guyger, she was acting in her role as a law enforcement officer when she saw what she initially perceived as an intruder in her apartment, moving towards her. For Jean, in your hypo, he’s sitting in his own home, repelling an unlawful intruder.
Castle Doctrine, which removed the common law ‘duty to retreat’ if possible before using deadly force, might apply. It’s not called as such in Texas, but instead may be found in Texas Penal Code sections 9.31 and 9.32, as a justification for the use of force against another. 9.32 concerns justification for using deadly force, and requires that the conditions in 9.31, justification for using force generally, also be true.
Aside, from reading ostensible LEOs’ impressions of Guyger’s testimony today; their impression is that she’s an idiot, poor officer, and is digging enough of a hole with her testimony that she might yet be found guilty of murder. I don’t know; I haven’t watched her testify.
Gee - too bad that she seems remorseful. She majorly fucked up, such that this poor guy is dead.
In my opinion, the MOST important thing would have been to get an unqualified acknowledgment that she acted improperly, that such actions are unacceptable OBO LEOs, and that she received a significant punishment. Whether she goes to jail for 3 years or 20, the poor guy is going to remain dead. And IMO just about any jail time, a significant civil payout, and meaningful reforms, sure trump the possibility of acquittal.
The downward trajectory of the bullet in Jean’s body is a major problem for the defense.
The DA pressed Guyger on this in redirect. Guyger Insisted Jean was walking towards her. She’s 5’3" and he was over 6’. She should be shooting upwards.
That’s a major inconsistency in her story. The jury won’t like that.