Oops! Sorry, Wrong Apartment. Mind If I Shoot You?

ElaineA · Sep 13, 2018

omg, I just saw my horrible horrible typo. Not "not", NOW...he is NOW being turned into a criminal :e2hammer:

MaeZe · Sep 13, 2018

No worries. We know what you meant. :Hug2:

frimble3 · Sep 13, 2018

And, if Dallas LEOs think pretending he's a drug dealer is going to help this cop's story - let's demonize her a little: if he was a drug dealer, maybe she was there to score. Why else would she let a drug dealer live in her building, when she could have turned him in to the drug squad any day of the week?
The only answer is: her own convenience.

In reality, all that so-convenient 'evidence' probably came from her fellow cops, who pooled all their bits of confiscated evidence to frame an innocent man.

*Although the cops who had nothing to contribute but their ballistic vest and lunchbox would seem to be on the relatively minor side of the conspiracy.
:sarcasm

But really, if your story is weak, overly-lavish decoration isn't going to help it. I'm surprised they didn't bring out the police dog who barked in the night.

regdog · Sep 14, 2018

Ari Meermans said:
ETA: The young man's name was Botham Shem Jean, and we should never forget that. He was a person simply living his life. He is no longer alive because he was murdered. His family and his character deserve better and we should demand an end to the assassination of his character.

Quoting because this needs to be screamed from the rooftops

Twick · Sep 14, 2018

One glaring thing that makes me doubt her story:

A few years ago my apartment was broken into. I came home, tried to put my key in the lock. It didn't work, but the door swung open on its own and I went in...

When I was telling this to the investigating officer, she raised her hand at this point. "You did what?"

It dawned on me. "Ah ... going into an apartment that might still contain a thief was probably a bad idea, right?" She nodded. I felt like an idiot, because it was so obvious.

A trained officer who believed her apartment had been broken into would have immediately called for backup and a proper search.

Roxxsmom · Sep 15, 2018

ElaineA said:
Someone, presumably the police, leaked to the local FOX affiliate in Dallas that "marijuana was found in Jean's apartment."

The demonization of the victim, a man shot in cold blood in his own home, a man who had done nothing requiring police intervention, is now being turned into the criminal. So mind-bogglingly disgusting I can't even comprehend.

If the Dallas cops thinks this is going to help them, they best think again. Just try to take this to a jury.

The way police so often circle the wagon when one of their own is accused--however justly--of wrongdoing is disgusting.

This cop wasn't even on duty. She was, in effect, a private citizen who killed her upstairs neighbor. At best it was an act of egregious negligence and stupidity, paired with casual disregard for life. At worst it was murder.

Would a private citizen be treated the same wayif they went to a neighbor's home by accident and shot them? Would they have waited three days to arrest Botham Shem Jean if he'd "accidentally" gone to her apartment and shot her? I suspect he'd be tried for murder, not manslaughter, and there's a good chance he'd be convicted, even executed.

I get that cops have a hard job and sometimes do have to use lethal force on the job. This is often cited as the reason the courts err on the side of acquittal when cops shoot some (usually black) kid who had a cell phone and not a gun in their hand. But this wasn't even a law enforcement situation. How can anyone justify this?

Marian Perera · Sep 15, 2018

ElaineA said:
Someone, presumably the police, leaked to the local FOX affiliate in Dallas that "marijuana was found in Jean's apartment."

If he had ten tons of crack in his apartment, it wouldn't make any difference. Shooting him would still be murder.

Roxxsmom · Sep 15, 2018

Since the Rodney King beating at least, police (and the press) have attempted to discredit the victims of brutality and shootings, as if whether or not the victim is a boy (or girl) scout has any bearing on the use of excessive force, vindictive brutality, or murder.

This man was in his own apartment. She was off duty and didn't have a warrant to search his apartment for pot. Even if she did, people are apprehended for drug charges all the time without being shot.

nighttimer · Sep 25, 2018

Amber Guyger was fired from her job in the Dallas Cop Shop.

The Dallas police officer who killed Botham Jean, a 26-year-old black man, after entering his apartment earlier this month was fired from her position on Monday.

On Monday, the Dallas Police Department released a statement announcing that Amber Guyger had been terminated from her position. “An Internal Affairs investigation concluded that on September 9, Officer Guyger engaged in adverse conduct when she was arrested for Manslaughter,” the agency noted. “Officer Guyger was terminated for her actions.”

The Monday statement notes that Guyger does have the right to appeal the termination.

The decision comes after weeks of protests and demands from Jean’s family that Guyger be fired from the police force for the shooting. “She should not be on the payroll for the city of Dallas” family attorney Lee Merritt said, pointing to a 2017 shooting that Guyger was also involved in as additional proof that she should be removed.

Dallas Police Chief U. Renee Hall did not immediately heed calls to terminate Guyger, telling an audience at a September 18 event that she could not fire her “because there are both local, state and federal laws that prohibit me from taking action.” It was unclear what laws she was referring to when she made that statement. On September 20 Hall issued a statement saying that firing Guyger might interfere with a criminal investigation, something that legal experts disagreed with.

Guyger, who had served as a Dallas Police officer since November 2013, shot Jean on September 6. According to her account, when she arrived home to the South Side Flats apartment building that night, she didn’t realize she had gotten out on the wrong floor, and that the apartment she was in was not, in fact, hers. Seeing a “large silhouette” in the dark apartment, she said she thought she was being burglarized. So she shot, hitting Jean in the chest. When she turned on the lights in the apartment, she realized her mistake.

The family of the 26-year-old Jean continues to dispute this, arguing that Guyger’s story doesn’t add up, and that she should have noticed details alerting her to being in the wrong apartment, like a different apartment number and a red doormat outside Jean’s door. Official documents in the case have also sparked confusion, due to a September 7 arrest warrant and September 9 arrest affidavit having very different accounts of the shooting.

Guyger has been charged with manslaughter, although the Dallas district attorney has not ruled out more serious charges. The case has been handed over to the Texas Rangers, which continues to investigate a number of things, including the records of the electronic locks on Jean’s and Guyger’s front door.

This resolves nothing except a bad cop lost a job and she may get it back. Botham Jean does not get his life back.

ElaineA · Nov 30, 2018

Well, some possible good news. The Grand Jury has indicted Guyger for murder, not just manslaughter. Hopefully the trial will yield the same result.

nighttimer · May 1, 2019

UPDATE: The transcript of Amber Guyger's 911 call was released by Dallas TV station WFAA. Guyger repeats the phrase, "I thought it was my apartment" 19 times during the six-minute call.

Operator: Dallas 911. This is Carla. What is your emergency?
Guyger: Hi this is an off-duty officer. Umm, can I get, I need to get EMS, uhmm, I’m in nu--
Operator: Do you need police as well or just EMS?
Guyger: Yes. I need both.
Operator: OK. What’s the address?
Guyger: [Expletive] I’m at apartment number 1478. I’m in 1478.
Operator: And what’s the address there?
Guyger: Ummm it’s 1210 S. Lamar, 1478, yeah, I…
Operator: What’s going on?
Guyger: I’m an off duty officer. I thought I was in my apartment and I shot a guy thinking he was, thinking it was my apartment.
Operator: You shot someone?
Guyger: Yes. I thought it was my apartment. I’m [expletive]. Oh my god. I’m sorry.
Operator: Where are you at right now?
Guyger: I’m in. What do you mean? I’m inside the apartment with him. Hey, come on.
Operator: What’s your name?
Guyger: I’m Amber Guyger. I need, get me. I’m in.
Operator: OK we have help on the way.
Guyger: I know but I’m, I’m going to lose my job. I thought it was my apartment.
Operator: OK.
Guyger: Hey man.
Operator: Hold on.
Guyger: [Expletive]
Operator: OK. Stay with me. OK.
Guyger: I am. I am. I’m going to need a supervisor.
Guyger: Hey bud. Hey bud. Hey bud. Come on. Oh [expletive]. I thought it was my apartment. Operator: I understand. We have help on the way.
Guyger: I thought it was my apartment. Hurry. Please.
Operator: They’re on their way.
Guyger: I need. I. I thought it was my apartment. I thought it was apartment. I could have sworn I parked on the third floor.
Operator: OK. I understand.
Guyger: No. I thought it was my apartment. I thought it was my apartment. I thought it was my apartment. I thought it was my apartment.
Operator: And what’s the gate code there?
Guyger: I don’t know. I don’t know.
Operator: You don’t know? OK?
Guyger: I thought it was my apartment.
Operator: They’re trying to get in there. We have an officer there. You don’t know the gate code?
Guyger: No. I thought it was my apartment. I thought it was my apartment.
Operator: And what floor are you in right now?
Guyger: The fourth floor. Fourth. Fourth. Hey bud, they’re coming, they’re, I’m sorry, man.
Operator: Where was he shot?
Guyger: He’s on the top left.
Operator: OK you’re with Dallas PD right?
Guyger: Yes.
Guyger: Oh my god. I’m done. I didn’t mean to. I didn’t mean to. I didn’t mean to. I’m sorry. Hey bud.
Operator: They’re trying to get there to you, OK.
Guyger: I know. I, I, stay with me bud.
Guyger: Holy [expletive]
Operator: OK. They’re almost there. They’re already there. They’re trying to get to you.
Guyger: Holy [expletive]. I thought it was my apartment. I thought it was my apartment. Holy [expletive]. I thought it was my apartment. Oh my god. [Expletive].
Guyger: I thought it was my apartment.
Guyger: I’m so sorry. I’m so sorry. [Expletive]
Guyger: Holy [expletive].
Guyger: Oh my god.
Operator: OK, they’re trying to get to you. Do you hear them? Do you see them?
Guyger: No. No. Oh my god. I, I, How the [expletive] did I put the, how did, how did I [inaudible] I’m so tired.
Guyger: Oh they’re here. They’re here.
Operator: OK. Go ahead and talk to them.
Arriving officer: [Inaudible]
Guyger: No, it’s me. I’m off duty. I’m off duty. I [expletive]. I thought it was my apartment. I thought this was my floor.

AW Admin · May 1, 2019

She doesn't read like she's in shock in that transcript; she reads like she's stoned.

Maryn · May 1, 2019

Sweet Jesus.

MaeZe · May 1, 2019

Not a whole lot of, "I need an ambulance, I'm trying to stop the bleeding," but there is a bit of, "I'm going to lose my job."

Roxxsmom · May 1, 2019

MaeZe said:
Not a whole lot of, "I need an ambulance, I'm trying to stop the bleeding," but there is a bit of, "I'm going to lose my job."

Quite a lot of that, actually. Not a lot of "OMG, I killed this poor man."

shakeysix · May 1, 2019

"Hey bud, stay with me bud....oh f, I'm gonna lose my job" while the poor guy is bleeding out? --s6

Lyv · Sep 30, 2019

Well, the jury's been given their instructions and the judge, imo, as good as told the jury to find Guyger not guilty. At the least, the judge gave them a gift-wrapped way to do it.

Judge Rules Jury Can Consider Castle Doctrine In Amber Guyger Murder Trial

After abbreviated testimony on Saturday, defense attorneys rested their case first thing Monday morning. During a session, outside of the presence of the jury, defense attorneys and prosecutors argued over the language of the instructions the judge with provide to jurors. It was during this session that Judge Tammy Kemp ruled the jury can consider the Castle Doctrine during deliberations.

The Castle Doctrine, similar to the Stand Your Ground Law, allows a person to use “or using force (even deadly force) in the protection of a home, vehicle, or other property if someone attempts to forcibly enter or remove an individual from the premises.

I do not understand how castle doctrine could apply when the non-resident shoots and kills the resident (who was sitting on his own couch, but he had the audacity to do so while Black). Until someone convinces me otherwise, I believe the judge just ruled that anytime a Black person and a white person are in the same space, the space belongs to the to the white person, regardless of whose name is on the lease or deed. I will never for one second believe the decision would have been the same if a Black person killed a white resident and said, "I thought I lived here." Castle doctrine never seems to apply to Black people, even if they are the owners of the castle. I am further confused when I see that Judge Kemp is Black. I don't see how the decision makes sense no matter what.

And as a white woman, I am not casting aspersions on a Black woman judge in Texas presiding over a case involving police, but I think the fallout could be devastating, making an already bad situation worse.

Editing to add an article from the Root:

Judge in Amber Guyger Trial Just Made It Easier for the Former Dallas Cop to be Acquitted of Murder

Judge Kemp also ruled that the jury may consider returning a lesser charge—manslaughter, as opposed to murder. As NBC News explains, this means prosecutors must prove that the 31-year-old Guyger must have “intentionally or knowingly” caused Jean’s death for the jury to return a murder verdict. For Guyger to be found guilty of manslaughter, jurors must find she “recklessly” caused Jean’s death.

ElaineA · Sep 30, 2019

First, let me be clear. This is an abhorrent ruling.

But the Castle Doctrine defense was allowed because the judge allowed the "mistake of fact" jury instruction. The jury is allowed to consider whether Guyger thought she was at her apartment, and if they believe she did, then they can consider the Castle Doctrine.

Again, it's abhorrent. Here are the Cirque du Soleil-level machinations people will go to in order to allow white people to murder without consequence, on full display. I do believe the judge's hands were somewhat tied by the integration between these two legal arguments, and judges do tend to err on the side of defendants in murder cases for "appeal" reasons.

Point blame on the Texas legislature and the NRA, who have worked hand-in-hand to allow the Castle Doctrine to expand to this absurdity.

Shannon Watts (Founder of Moms Demand) has some explainers in her Twitter feed here.

ElaineA · Oct 1, 2019

Annnnnd, half a day of deliberation and GOOD NEWS (for once). The jury found Amber Guyger guilty of murder. WOW.

Lyv · Oct 1, 2019

Thank you, Elaine. I didn't dig deep enough (and I am overly emotional, so didn't dig as I should have).

I'm so relieved, though, because they found Guyger guilty, and of murder, not manslaughter. And you posted the news while I was posting, but I can leave it since I found a link, or delete.

A jury has found former Dallas police officer Amber Guyger guilty of murder after less than 24 hours of deliberation.

Guyger was indicted last year after fatally shooting her unarmed neighbor, Botham Jean, in his apartment, which she said she mistook as hers.

Jurors were given the option of finding Guyger guilty of the lesser offense of manslaughter. With the murder conviction, Guyger, 31, now faces up to life in prison.

Introversion · Oct 1, 2019

Good news. I only wish it was the typical verdict in cop-kills-non-whites cases.

ElaineA · Oct 1, 2019

Lyv said:
Thank you, Elaine. I didn't dig deep enough (and I am overly emotional, so didn't dig as I should have).

No worries at all. Yesterday, everywhere, people were concerned about the one piece, and that's what was spreading. I was fortunate to have stumbled on Shannon's tweets first.

And yes, so satisfying that the jury didn't opt for the lesser charge. Because of that, and the speed of the verdict, I can't help but think Ms. Guyger had to have made a *horrible* witness on her own behalf. And it really indicts the authorities who tried to draw the Blue Line around her at first.

RedRajah · Oct 1, 2019

Any chance the judge might set aside the verdict for something lesser? :-/

hester · Oct 1, 2019

Good news indeed. I just re-read the transcript of the 911 call posted by nighttimer and...omg. So glad the jury saw through her bullshit.

As a side note, I wonder if the Judge gave the "Castle Doctrine" directive to make whatever verdict came down be appeal-proof?

Lyv · Oct 1, 2019

hester said:
Good news indeed. I just re-read the transcript of the 911 call posted by nighttimer and...omg. So glad the jury saw through her bullshit.

As a side note, I wonder if the Judge gave the "Castle Doctrine" directive to make whatever verdict came down be appeal-proof?

That's what I'm reading. I was so confused. And nauseated when I saw it, sure that meant she would walk. The odds were tilted that way anyway. So glad to be wrong.

Oops! Sorry, Wrong Apartment. Mind If I Shoot You?

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