Crime Dallas Officer Kills Man in Apartment "She Thought Was Hers"

Involuntary manslaughter.

What was involuntary about it?

This situation is like a man killing his wife because he thought she was cheating, but it turns out she wasn't cheating. That's murder.

Unless there's evidence that shows Jean was aggressive or attacking her or she thought he was armed, I genuinely don't see how this is different than any other murder based on an incorrect pretense.
 
then we are in agreement!

why are we fighting again?
To be fair I said manslaughter because I think its the charge that would be easiest to get the conviction on. But if I was on the jury I'd be open to a harsher charge because I don't buy her story and think there's a non-negligible possibility that in fact it was something more sinister, just don't think most would so its better to go with the charge that is more likely to end in conviction.
What was involuntary about it?

This situation is like a man killing his wife because he thought she was cheating, but it turns out she wasn't cheating. That's murder.

Unless there's evidence that shows Jean was aggressive or attacking her or she thought he was armed, I genuinely don't see how this is different than any other murder based on an incorrect pretense.
Yeah I guess voluntary manslaughter fits better.
 
It happens far more often that you realize. People can be lost in thought, moving on autopilot, not solely under the influence of alcohol or drugs. People don't usually notice the error until their key doesn't fit in the lock.

But here if the door was slightly open, that trigger never took effect.
Then they notice as soon as they see inside.

Regardless, without evidence the 2 knew each other, or some other clear motive, it doesn't appear to be premeditated. Now, what prompted her to shoot? He doesn't appear to have been the sort to be physically confrontational. If he didn't rush her, there was no need for her to shoot. That's gross incompetence resulting in an innocent death even if she was found to be untainted by drugs and she should get a long sentence if there's no evidence he was a physical threat. I'm not suggesting you've taken a contrary stance, just clarifying mine.
 
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Even if he acted aggressively toward her, she is an intruder in his house. Please stop giving her this out.
 
Then they notice as soon as they see inside.

Regardless, without evidence the 2 knew each other, or some other clear motive, it doesn't appear to be premeditated. Now, what prompted her to shoot? He doesn't appear to have been the sort to be physically confrontational. If he didn't rush her, there was no need for her to shoot. That's gross incompetence resulting in an innocent death even if she was found to be untainted by drugs and she should get a long sentence if there's no evidence he was a physical threat. I'm not suggesting you've taken a contrary stance, just clarifying mine.
They do notice once they see inside and, for her, what she saw was someone who she thought didn't belong there. Listen I'm not going to defend the shooting, it's not defensible in my opinion. I'm only saying that ending up at the wrong apartment door doesn't require someone to be intoxicated or under the influence of drugs. It can also just be a simple mistake...that rarely ends in shooting someone. Usually, the person making the mistake apologizes and goes to their actual floor.

What prompted her to shoot? A failure to ascertain the details of her situation before pulling her weapon and killing an innocent man hence manslaughter of some kind.
 
They do notice once they see inside and, for her, what she saw was someone who she thought didn't belong there. Listen I'm not going to defend the shooting, it's not defensible in my opinion. I'm only saying that ending up at the wrong apartment door doesn't require someone to be intoxicated or under the influence of drugs. It can also just be a simple mistake...that rarely ends in shooting someone. Usually, the person making the mistake apologizes and goes to their actual floor.

What prompted her to shoot? A failure to ascertain the details of her situation before pulling her weapon and killing an innocent man hence manslaughter of some kind.

Just last weekend a friend of ours let us into his apartment building and took us to the wrong floor. We only noticed it was not his room when we got to the door and it said 213, instead of 313. He was not drink or on drugs. He was just on auto pilot and took us to the wrong apartment. So it definitely happens.

The real issue to me is what transpired after that. I haven't followed the details of this case, did she claim the man rushed her or anything? Did she speak to the man? I haven't found that information in any of the articles I've read.
 
Family will receive 20 million dollars from Minneapolis, who quickly settled the lawsuit after Noor's conviction

Edit whoops. Delete. I thought this was the Minnesota cop shooting the 911 caller story. Mod please delete. @Madmick since you're active in this thread
 
Former Dallas Officer Amber Guyger Charged With Murder for Shooting Man in His Apartment
By Adeel Hassan | Nov. 30, 2018

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Botham Jean’s parents, Allison and Bertrum, and his brother, Brandt. Botham Jean was killed in his apartment by a Dallas police officer in September
A former Dallas police officer was indicted on a murder charge on Friday for shooting an unarmed, 26-year-old African-American accountant who was watching TV in his apartment, a home that the officer says she mistook as her own.

A Dallas County grand jury charged Amber R. Guyger, 30, over the Sept. 6 killing of Botham Jean in his apartment, which was one floor above hers. If convicted, Ms. Guyger could receive five years to life in prison.

Ms. Guyger, a white officer who was returning from her shift but dressed in uniform at the time, said that she mistook Mr. Jean’s apartment for her own, that his door was slightly ajar and that it opened when she tried to unlock it. She thought he was a burglar, she said.

Lawyers for Mr. Jean’s family have said that the door was closed, and that neighbors heard someone banging on the door, demanding to be let in, before the gun was fired. Ms. Guyger fired her service weapon twice, striking Mr. Jean once in the torso, according to court documents. Mr. Jean, who worked at PricewaterhouseCoopers, died at a hospital.

Robert L. Rogers, a lawyer representing Ms. Guyger and a former Dallas County prosecutor, said his client was not guilty of murder.

“I’m not surprised that there was an indictment returned, due to what I perceived to be a tremendous amount of outside political pressure, a tremendous outpouring of vindictive emotion towards my client, and actual emotion that I believe was injected into the grand jury process,” Mr. Rogers said in an interview.

Mr. Rogers said Ms. Guyger was not guilty because she believed that she was inside her apartment that night.

“I believe it was reasonable for her to believe that she was being threatened with an intruder in her home and therefore she acted in self-defense,” he said. “The law justifies her actions.”

Mr. Rogers added, “Her heart goes out to the family, and, at the same time, she didn’t commit a crime.”

Chief U. Reneé Hall of the Dallas Police Department fired Ms. Guyger after her arrest in Mr. Jean’s killing and an internal investigation. The department said that she was “terminated for her actions” during her arrest on manslaughter charges.

“We cannot have this culture where we shoot first and ask questions later,” said Daryl K. Washington, a lawyer for the Jean family, after the indictment was announced.

The Jean family has also filed a federal lawsuit against Ms. Guyger and the City of Dallas, saying that the off-duty officer used excessive force and violated Mr. Jean’s civil rights. Mr. Washington on Friday pointed to what he called “serious training issues” in Dallas, and said departments across the country needed to delve deeper into disproportionate use of force against African-Americans.

https://www.nytimes.com/2018/11/30/us/amber-guyger-botham-jean-indicted.html
 
The recorded call sounds to me like manslaughter, and it has nothing to do with the White vs. Black angle like the identity politicians want to hijack this tragedy for their own agendas:

Listen to Dallas officer's frantic 911 call after fatal shooting: "I thought it was my apartment"

UPDATED ON: APRIL 30, 2019

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The 911 call former Dallas police officer Amber Guyger made after fatally shooting neighbor Botham Shem Jean in his own apartment in September shows the panic the 30-year-old Guyger felt in the immediate aftermath of her lethal mistake.

Guyger had just finished a 14-hour shift and was still in uniform when she arrived at the South Side Flats, where she lived on the third floor in an apartment directly under Jean, a 26-year-old accountant. Jean, a native of Saint Lucia, was black; Guyger is white.

The shooting prompted racially-charged protests in the city. WFAA in Dallas reported that thousands of people mourned Jean in the U.S., as well as in his native eastern Caribbean country.

Guyger, a four-year veteran of the force, was charged with manslaughter about 72 hours after she killed Jean, WFAA reported. She lost her job Sept. 24 and a grand jury in November upgraded the manslaughter charge to one of murder.

Her trial date is tentatively set for August, but that could change, the news station reported.

The 911 call, long withheld by authorities but obtained by WFAA, sheds some light on what happened after Guyger fired two shots at Jean.

According to the Associated Press, Dallas police officials had repeatedly declined to release the audio, citing the ongoing criminal investigation into Guyger’s actions. The release to WFAA was unauthorized.

Police officials have begun an internal investigation into how the news station obtained the leaked recording, the AP reported Tuesday.



The first sounds that are heard as the police dispatcher answers the Sept. 6 call for help are of Guyer’s voice.

“Get up, man,” she is heard telling Botham Jean.

“Dallas 911. This is Carla. What is your emergency?” the dispatcher asks.

“Hi, this is an off-duty officer,” Guyger responds. “Can I get EMS. I’m in number, um ….”

“Do you need police as well, or just EMS?” the dispatcher asks.

“Yes. I need both,” Guyger says. “(Expletive).”

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Guyger appears to have difficulty with the number of the apartment she is in. Eventually, she tells the dispatcher she is in apartment 1478 in the South Side Flats, the apartment building where both she and Jean lived.

The dispatcher again asks about her emergency.

“I’m an off-duty officer. I thought I was in my apartment, and I shot a guy thinking that he was, thinking it was my apartment,” Guyger says.

“You shot someone?” the dispatcher asks.

“Yes, I thought it was my apartment,” Guyger says again.

“I’m (expletive),” she says breathlessly. “Oh my God. I’m sorry.”

The dispatcher asks where Guyger is now, and she tells her she is in the apartment with the mortally wounded man.

“Hey, come on, man,” Guyger can be heard telling Jean.

The dispatcher reassures Guyger that help is on the way.

“I know, but I’m …” she says, sounding near tears. “I’m gonna lost my job.”

She repeats that she thought it was her apartment and, after speaking again to Jean, utters another expletive. Throughout the call, Guyger tells the dispatcher 19 times that she believed she had entered her own apartment.

After a few moments of silence, the dispatcher tells Guyger to stay with her.

“I am. I am,” she responds. “I know I need a supervisor.”

“Hey bud. Hey bud. Come on,” Guyger can be heard telling Jean. “Oh (expletive).”

After a few seconds of silence, Guyger again tells the dispatcher she thought it was her apartment she had entered. She appears to be crying as she speaks.

“Hurry, please,” she tells the dispatcher.

“They are on their way,” the dispatcher says.

“I thought it was my apartment,” Guyger continues. “I could have sworn I parked on the third floor.”

“OK, I understand,” the dispatcher says, trying to keep her calm.

She continues to repeat, over and over, that she thought she entered her own apartment.

By that point, officers had arrived at the apartment building. The dispatcher asks for the gate code, which Guyger says she does not know.

The dispatcher asks what floor Guyger is on.

“On the fourth floor,” she says.

After a period of silence, Guyger is heard talking to Jean again.

“Hey bud, hey bud, they’re coming,” she says. “They’re coming.”

She apologizes to him.

“I’m sorry, man.”

Jean, who has been silent through the entire 911 call, appears to moan at that point in the call.

When the dispatcher asks where he’s been shot, Guyger tells her he’s “on the top left.”

Jean moans again.

Several more seconds of silence go by before a tearful Guyger speaks again.

“Oh my God. I’m done,” she says. “I didn’t mean to. I didn’t mean to. I didn’t mean to. I’m so sorry.”

She talks some more to Jean.

“Stay with me, bud,” she says.

As Guyger continues to curse under her breath and say she thought it was her apartment, the dispatcher tells her officers are at the scene and trying to get to her.

“Do you hear them? Do you see them?” the dispatcher asks.

“No! No,” Guyger says.

After some more rapid breathing, Guyger appears to speak to herself.

“How the (expletive) did I put the … how did I …,” she says. “I’m so tired.”

A few seconds later, Guyger can be heard calling to the arriving officers and explaining that she was the shooter.

“I thought they were in my apartment. I thought this was my floor,” she says before the line goes dead.

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WFAA reported that Guyger later told investigators she found Jean’s door slightly ajar and that it opened when she inserted her key fob into the lock. In her arrest warrant, it states she told detectives she saw a “large silhouette” in the dark apartment and began giving commands, which she said Jean “ignored,” the news station said.

According to a search warrant, however, a neighbor told investigators he heard an exchange of words, followed by at least two gunshots, WFAA reported. Jean was struck once in the abdomen.

He was pronounced dead at a hospital.


https://www.ajc.com/news/national/d...jean-shooting/2mzuzlt6TQ9fga7U4PmWJN/amp.html
 
She should be thrown in jail for life. No special treatment.

This is why more players need to kneel for the anthem.
 
So when she says that she called into the dark and he ignored her, you believe her? That sounds believable to you?

What exactly are you arguing?

I think this is manslaughter, as in I don't think she knowingly and intentionally went to this specific guy's apartment with her gun drawn for the express purpose of murdering him the moment he opens the door.

This hasn't gone to trial yet, but it wouldn't surprise me that these two don't even know each others' names.
 
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