Murder of Botham Jean explained

Murder of Botham Jean
Coordinates:32.7696°N -96.7959°W
Location:Dallas, Texas, United States
Type:Murder by shooting
Perp:Amber Renée Guyger
Victim:Botham Shem Jean
Verdict:Guilty
Convictions:Murder
Charges:Manslaughter (upgraded to murder)

Child:yes
Sentence:10 years in prison

On the night of September 6, 2018, 26-year-old accountant Botham Jean was murdered in Dallas, Texas, by off-duty Dallas Police Department patrol officer Amber Guyger, who entered Jean's apartment and fatally shot him. Guyger, who said that she had entered Jean's apartment believing it was her own and believed Jean to be a burglar,[1] [2] was initially charged with manslaughter. The absence of a murder charge led to protests and accusations of racial bias because Jean—an unarmed black man—was killed in his own home by a white off-duty officer who had apparently disregarded police protocols. On November 30, 2018, Guyger was indicted on a charge of murder.[3] On October 1, 2019, she was found guilty of murder, and was sentenced to ten years' imprisonment the following day. The ruling was upheld on appeal in 2021.[4]

Murder

Botham Jean and Amber Guyger lived in South Side Flats, a four-story apartment complex located at the corner of South Lamar Street and Powhattan Street—two blocks northwest of the headquarters of Dallas Police Department, for which Guyger worked as a patrol officer—in the Cedars district in South Dallas.[5] The floor plans for each level of the building are mostly identical. Guyger's apartment on the third floor (number 1378), in which she had lived for approximately two months by the time of the murder, was located directly below Jean's apartment on the fourth floor (number 1478).[6]

On September 6, 2018, Guyger left work at 9:33 p.m. at the end of a 13.5-hour shift. She drove to the apartment complex, parking her vehicle in the parking garage of the fourth floor at 9:46 pm. At this time, she was speaking over the phone with her partner, who had telephoned her during her journey home, in a conversation which lasted until 9:55 pm.[7] Still armed with a handgun but no longer wearing a body camera, Guyger walked to Jean's apartment, supposedly believing it was her own and failing to notice any signs that she was on the wrong floor, including a distinctive red doormat outside the apartment.[8] Attempting to unlock the door, she noticed it was ajar.[9] She entered the apartment and found Jean, who was sitting in his living room eating ice cream, unarmed.[10] [11] Guyger fired her handgun twice at Jean, striking him in the chest.[12] She would later testify that she believed him to be an intruder,[13] and that she feared he would kill her.[14] Guyger telephoned 9-1-1 at 9:59 pm.[15] Jean was taken to a nearby hospital, where he died from his wound. The Texas Rangers investigated the shooting, which led to Guyger's arrest three days later.[16]

Guyger was initially charged with manslaughter, but was later charged with murder. The initial charge of manslaughter and the racial aspect of the shooting resulted in protests in the following days.

The Dallas Police Department placed Guyger on paid administrative leave after the shooting. The department fired her on September 24, 2018.[17]

Victim

Botham Jean
Birth Name:Botham Shem Jean
Birth Date:29 September 1991[18]
Birth Place:Castries, Saint Lucia
Death Cause:Gunshot wound
Death Place:Dallas, Texas, U.S.
Occupation:Accountant
Known For:Murder victim

Botham Shem Jean, a 26-year-old Black man, was a Harding University alumnus and an accountant for PwC. Jean was born in Saint Lucia.[19]

Following the shooting, an attorney representing Jean's family accused the Dallas Police Department of attempting to smear Jean's reputation by publicizing a police affidavit showing that police seized 0.368oz of marijuana from Jean's apartment.[20] The lawyers also disputed the account of the incident that Guyger told officials, which was recorded in the arrest warrant affidavit, and asserted that two independent witnesses had come forward to give recollections that conflicted with Guyger's account. An attorney for Jean's family asserted that witnesses claimed to have heard knocking on the door to Jean's apartment and that they had heard a woman's voice saying "Let me in, let me in."[21]

Perpetrator

Amber Guyger
Birth Date:9 August 1988
Birth Place:Dallas, Texas, U.S.
Occupation:Former police officer
Employer:Dallas Police Department
Conviction Penalty:10 years in prison
(5 years non-parole)
Conviction Status:Imprisoned
Motive:Mistaken identity
Conviction:Murder
Date:September 6, 2018
Victims:Botham Jean (killed)
Weapon:Handgun

Amber Renée Guyger (born August 9, 1988)[22] was 30 years old at the time of the shooting. She had been on the Dallas police force for almost five years.

Trial

On November 30, 2018, Guyger was indicted on murder charges by a Dallas County grand jury.[23] On September 22, 2019, the day before the trial began, Dallas County District Attorney John Creuzot took part in an interview regarding the trial in spite of a gag order issued by Judge Tammy Kemp in January of that year. After questioning jurors, who reported that they had not seen the interview or other media coverage of the trial, Kemp denied the defense's motion for a mistrial, and sequestered the jury.[24]

Manslaughter charges would have merely required proof of recklessness, while murder charges require proof that the defendant intended to kill. The prosecutors alleged criminal intent for two reasons: firstly, they said her arrival at the wrong apartment (on the wrong floor) was not caused by tiredness, but rather caused by the conversation she had immediately prior with her lover trying to arrange a meeting that night, and secondly that she did not follow standard police protocol of not entering a building with a potential burglar inside and instead calling for backup from the police station, which was only two blocks away.[25]

On October 1, 2019, Guyger was found guilty of murder.[26] The jury deliberated for six hours to reach the verdict of murder. The jurors also considered the lesser charge of manslaughter. She was the first Dallas police officer to be convicted of murder since the 1973 murder of Santos Rodriguez.

On October 2, 2019, Guyger was sentenced to 10 years in prison after the jury deliberated for an hour.[27] During the sentencing hearing, Jean's mother Allison provided emotional testimony and some of Guyger's text messages and social media posts that were "racist and offensive" were shared.[28] Jean's younger brother Brandt forgave and hugged Guyger during her sentencing. Jean's father Bertrum also stated that he forgave Guyger but had wanted a stiffer sentence. [29] [30] [31] [32]

Guyger's legal bills were paid by the Dallas Police Association, a union which serves Dallas police officers.[33]

On October 16, 2019, Guyger's attorneys filed a notice of appeal requesting a new trial.[34] [35] On August 7, 2020, Guyger's attorneys filed an appeal, alleging that insufficient evidence existed to convict her of murder. The appeal sought either an acquittal, or a reduction in charge to criminally negligent homicide with a new hearing for sentencing on the reduced charge.[36] On August 5, 2021, the Fifth Court of Appeals of Texas upheld Guyger's murder conviction, unanimously holding that the jury verdict was reasonable and Guyger's own testimony supported the murder charge.[37] On November 17 of that year, the Fifth Court of Appeals again upheld her murder conviction using similar reasoning, stating that her defense that she had unknowingly entered the wrong apartment did not justify the lesser charge of criminally negligent homicide.[38] Her appeal to the Texas Court of Criminal Appeals, the court of last resort for criminal cases in the state, was denied.[39]

Guyger is currently imprisoned in the Mountain View Unit.[40] She will be eligible for release as early as September 2024, although her full sentence runs until September 2029.[41]

Controversies involving witnesses

On January 31, 2019, ABC News reported that a female witness—identified only as "Bunny" — had taken a video of Guyger's actions immediately after the shooting. The witness claimed to have been harassed and threatened by unidentified Internet trolls after providing the video to the Dallas County District Attorney's Office and later posting it on social media.[42]

On October 4, 2019, key prosecution witness and Jean's across-the-hall neighbor, Joshua Brown, was shot and killed in the parking lot[43] of another apartment complex he had moved to, about 5miles from where Jean and Guyger had lived.[44] [45] Witnesses could not describe the shooter or shooters, only the vehicle they drove.[46]

On October 8, Dallas police announced that they had identified three suspects in Brown's killing and had arrested one of them, and that the suspects were engaged in a drug deal with Brown when he was shot.[47] A search of Brown's apartment yielded 12lb of marijuana, 5.04oz of THC cartridges and $4,000 in cash; however, advocates questioned police claims that the three men had traveled 300miles from Alexandria, Louisiana, to purchase drugs from Brown, and an attorney representing Brown's family called for an independent investigation by another agency. Dallas Assistant Police Chief Avery Brown denied that Joshua Brown's death was related to Guyger's trial.[48] A second suspect was arrested the next day,[49] and on December 8, all three men were indicted on charges of capital murder, although one of them remained at large.[50]

Memorials

On January 13, 2021, the Dallas City Council unanimously voted to rename approximately 4miles of South Lamar Street from Interstate 30 to South Central Expressway (S.M. Wright Freeway) as Botham Jean Boulevard. The street passes Jean's former apartment and Dallas police headquarters.[51]

See also

Notes and References

  1. News: Dallas officer goes home to wrong apartment, kills man inside. September 7, 2018. Fox 4.
  2. Web site: Dallas police officer's arrest affidavit contradicts search warrant for victim's apartment . Nichole . Manna . September 13, 2018 . Fort Worth Star-Telegram . September 14, 2018 .
  3. Web site: December 1, 2018 . Ex-Dallas Police Officer Amber Guyger Indicted On Murder Charge In Killing Of Botham Jean . March 12, 2022 . KERA News . en.
  4. Web site: November 18, 2021 . Amber Guyger's appeal for rehearing again denied by Texas court . March 12, 2022 . FOX 4 . en-US.
  5. Web site: September 10, 2018 . Botham Jean's door was unlocked, lights were off when Officer Amber Guyger mistook his apartment for hers, official says . March 12, 2022 . Dallas News . en.
  6. Web site: Guyger v. State . March 12, 2022 . casetext.com.
  7. Web site: September 23, 2019 . First day of Amber Guyger's murder trial focuses on her relationship, sexual texts with police partner . March 12, 2022 . Dallas News . en.
  8. Web site: September 26, 2019 . What we've learned in the Amber Guyger murder trial . March 12, 2022 . wfaa.com . en-US.
  9. Web site: Ex-Dallas cop found guilty of murder in neighbor's death. October 2019 . CBS News.
  10. News: Ortiz . Erik . Johnson . Alex . October 2, 2019 . Amber Guyger sentenced to 10 years for murdering neighbor Botham Jean . NBC News . October 6, 2019 . "Guyger is white, and Jean, a native of the island nation of St. Lucia who moved to Dallas for a job with PricewaterhouseCoopers, was black. His death stoked protests, led to Guyger's firing and renewed conversations about police use of force and racial bias.".
  11. News: Allyn . Bobby . October 1, 2019 . Ex-Dallas Officer Who Killed Man In His Own Apartment Is Found Guilty Of Murder . NPR . October 6, 2019.
  12. Web site: Amber Guyger found guilty of murder at trial in fatal shooting of neighbor Botham Jean . October 2019 . March 12, 2022 . NBC News . en.
  13. News: Former Dallas Police Officer Is Guilty of Murder for Killing Her Neighbor. Marina Trahan. Martinez. Sarah. Mervosh. John. Eligon. The New York Times. October 2, 2019.
  14. News: Ex-Dallas cop found guilty of murder in neighbor's death . Donaghue . Erin . October 1, 2019 . CBS . October 6, 2019.
  15. News: Mitchell . Mitch . Lead investigator doesn't believe Amber Guyger's killing of Botham Jean was a crime . Fort Worth Star-Telegram . 25 September 2019 . 15 October 2023.
  16. News: Evidence Released in Botham Jean Slaying Prompts Allegations of 'Smear Campaign' . Jennifer . Emily . September 14, 2018 . The Dallas Morning News . October 3, 2019.
  17. News: Dallas Officer Fired for Killing Innocent Man in His Own Apartment. September 24, 2018. BBC News. October 3, 2019.
  18. Web site: Who is Botham Jean? Dallas man shot by police officer was more than his death. WFAA. September 21, 2019.
  19. Web site: Jurors in Amber Guyger's murder trial watch officers' desperate efforts to revive Botham Jean. September 24, 2019. Dallas News.
  20. News: Dallas police accused of smearing man killed by cop in his own apartment. CBS News. September 14, 2018. September 14, 2018. en.
  21. News: Victim's family disputes official account of the moments before Amber Guyger shot Botham Jean. September 10, 2018. Dallas News. September 14, 2018. en.
  22. Web site: Dallas officer faces manslaughter charge in fatal shooting of neighbor. September 10, 2018 . CBS News.
  23. News: Sources: Fired cop Amber Guyger indicted on a murder charge in Botham Jean killing. November 30, 2018. WFAA. en. November 30, 2018.
  24. News: Sources: Dallas County DA spoke about Amber Guyger case on eve of murder trial — much to judge's dismay. September 23, 2019. Dallas News. en. September 23, 2019.
  25. News: Weeping on the stand, Amber Guyger yells 'keep going!' at the lawyer. September 27, 2019. Guyger said she mistakenly thought she had parked on her own level in her apartment building's parking garage. 'I kept thinking I was so lucky' for finding a spot next to the entry door, she said, making it easier to carry her gear into her apartment..
  26. Web site: Amber Guyger found guilty of murder at trial in fatal shooting of neighbor Botham Jean . October 2019 . NBC News . en.
  27. Web site: Victim's brother hugs ex-cop after sentencing in wrong-apartment murder. ABC News.
  28. Web site: Amber Guyger sentenced to 10 years for murdering neighbor in his apartment. October 3, 2019 . NBC News.
  29. News: Simon . Darran . Botham Jean's brother hugs the former police officer who killed him . October 4, 2019 . . October 3, 2019.
  30. News: Knowles . Hannah . Amber Guyger was hugged by her victim's brother and a judge, igniting a debate about forgiveness and race . October 4, 2019 . . October 4, 2019.
  31. News: Pengelly . Martin . Botham Jean's father: I forgive Amber Guyger but I wanted stiffer sentence . October 4, 2019 . . October 4, 2019.
  32. News: Chappell . Bill . Gonzales . Richard . Brandt Jean's Act Of Grace Toward His Brother's Killer Sparks A Debate Over Forgiving . October 4, 2019 . . October 3, 2019.
  33. News: Diversity Of Amber Guyger Murder Trial Jury Seen As Key Factor In Conviction . 21 February 2023 . CBS News . October 4, 2019.
  34. News: Clarraidge . Emerson . October 22, 2019 . Former Dallas officer Amber Guyger's defense files notice to appeal murder conviction . Fort Worth Star Telegram . October 23, 2019 .
  35. News: Jacabo . Julia . October 22, 2019 . Attorney for convicted wrong-apartment shooter Amber Guyger files notice of appeal . NBC News . October 23, 2019 .
  36. News: August 7, 2020 . Attorneys for former Dallas police officer Amber Guyger file appeal in Botham Jean murder case . CNN . August 10, 2020 .
  37. News: Appeals court upholds murder conviction of ex-Dallas officer . August 5, 2021 . August 5, 2021.
  38. News: Prosser . Maggie . November 18, 2021 . Dallas appeals court again upholds Amber Guyger's conviction for the murder of Botham Jean . . Dallas, Texas . limited . November 18, 2021 . “That she was mistaken as to Jean’s status as a resident in his own apartment or a burglar in hers does not change her mental state from intentional or knowing to criminally negligent,” the justices wrote. The justices made a similar statement in their ruling on her first appeal..
  39. Web site: March 30, 2022 . Court upholds conviction, sentence of Amber Guyger, ex-Dallas officer who murdered Botham Jean . April 14, 2022 . Dallas News . en.
  40. Web site: Texas Department of Criminal Justice Offender Search . June 11, 2020 . June 11, 2020 . https://web.archive.org/web/20200611055336/https://offender.tdcj.texas.gov/OffenderSearch/offenderDetail.action?sid=13546830 . dead .
  41. Web site: Keller . Aaron . Texas Court of Appeals Upholds Ex-Cop Amber Guyger's Conviction for Murdering Botham Jean in His Apartment . August 6, 2021 . Dan Abrams . August 7, 2021.
  42. Web site: Neighbor who filmed wrong apartment shooting aftermath says she's had death threats . January 31, 2019. Jacobo. Julia. ABC News. en. October 6, 2019. Bunny said her employer let her go, explaining that they "didn't want their company associated with a high-profile case."... ABC News could not independently confirm her claims that she was fired, or, if so, why..
  43. Web site: Joshua Brown, Prosecution Witness In Amber Guyger Murder Trial, Fatally Shot At Dallas Apartment Complex. . October 5, 2019. en-US. October 6, 2019.
  44. Web site: Joshua Brown, a key witness in the murder trial against Amber Guyger, was fatally shot. Anya van. Wagtendonk. October 6, 2019. Vox.
  45. Web site: Joshua Brown Shot About 5 Miles from South Side Flats, Where Botham Jean Lived. Stephanie Dube. Dwilson. October 6, 2019.
  46. News: Witness in Guyger Trial Shot, Killed Friday Night . . NBC 5 Dallas-Fort Worth . . October 7, 2019 . January 18, 2021.
  47. News: Allyn . Bobby . October 8, 2019. Dallas Police: Key Witness In Guyger Trial Was Killed In Drug Deal That Turned Deadly . . Washington DC . October 8, 2019 .
  48. News: Brittany . Shammas . Reis . Thebault . October 8, 2019 . Police name suspects, deny wrongdoing in death of Amber Guyger witness Joshua Brown. The Washington Post. May 25, 2020 .
  49. Web site: Second arrest made in murder of witness in Amber Guyger murder trial. October 9, 2019 . NBC News.
  50. Web site: 3 men indicted on capital murder charges in slaying of Joshua Brown, witness in Amber Guyger's trial. December 8, 2019. Dallas News.
  51. News: Bailey . Everton Jr. . January 13, 2021 . Dallas City Council approves renaming street in memory of Botham Jean . limited . . Dallas, Texas . January 14, 2021 .