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It's muder because her intent was to kill and she didn't have to. Even if it was her home, she said she geard the intruder before she opened the door and that when she opened the door, he wasn't facing her. Which means she could have retreated and called for backup at multiple points but chose not to. Additionally, the building had sent out an email saying that inspectors would be going into people's apartments throughout the week. Jean could've been there installing a smoke detector and she just rolled in firing. That's murder.
If it has been her apartment, the case would not have been prosecuted, and if it had, no jury would have convicted. The key detail in this case was that the man was in his own apartment; Guyger was trespassing.