Watching The Cops
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Title: Dallas Police Officer Who Walked into Wrong Apartment and Killed Neighbor Found Guilty of Murder
Source:
Townhall
URL Source: https://townhall.com/tipsheet/mattv ... ound-guilty-of-murder-n2553985
Published: Oct 1, 2019
Author: Matt Vespa
Post Date: 2019-10-01 15:45:49 by Tooconservative
Keywords: None
Views: 15652
Comments: 31
The former officer, Amber R. Guyger, who is white, was charged in the death of her 26-year-old neighbor, Botham Shem Jean, after she said she accidentally went to the wrong floor of their apartment complex, entered the unit directly above hers and fatally shot him last year. Ms. Guyger claimed she thought she was entering her own apartment and was acting in self-defense against an intruder. […] The shooting and its aftermath in September 2018 ignited protests and calls for justice, with demonstrations outside Police Headquarters and inside City Hall. At a time when other police officers have been cleared of wrongdoing in the deaths of unarmed black men, Ms. Guyger was arrested several days after the shooting on a charge of manslaughter, then released from jail the same day. After weeks of community tensions and accusations of preferential treatment for the police, a grand jury came back with the charge of murder. […] Though the issue of race was not mentioned explicitly in the courtroom, the trial unfolded against the backdrop of a diverse city that is 24 percent black, 29 percent white and 42 percent nonwhite Hispanic. The mayor of Dallas, the police chief and the Dallas County district attorney are all black, as is the judge presiding over this case. Of the 12 jurors and four alternates, seven are African-American, four appear to be white and five are of other races and ethnicities. […] Ms. Guyger testified that she was returning home from a long day of work when she accidentally parked on the wrong floor of the complex’s garage. As Ms. Guyger walked down the fourth-floor hallway, she said, she did not notice that anything was amiss, including the red doormat outside Mr. Jean’s door. The door strike plate was defective and not fully latched closed, according to the defense, allowing Ms. Guyger to enter using her own keys. When Ms. Guyger saw someone inside, she said, she drew her gun and shouted, “Let me see your hands.” She testified that Mr. Jean was walking toward her and shouting “Hey” when she fired her weapon twice, striking Mr. Jean once in the torso and killing him. Again, highlighting things that weren't even brought up at the trial because the Left is obsessed with race. And this ridiculous news alert is quite different from the Times' actual headline: "Amber Guyger, Former Dallas Police Officer, Found Guilty of Murder in Death of Neighbor." Now, with that aside, there are some things about this whole case that doesn't really make sense concerning Guyger. She's going to jail and it seems as of now it's very much deserved. Poster Comment: Okay, copsuckers, take a deep breath and swallow it all the way to the base. ... And that is the taste of criminally reckless police getting the same taste of justice they hand out to the public every day. I like that her teary I-am-a-victim-of-that-Negro-ice-cream-gobbler just didn't impress the jury.
Former Dallas police officer Amber R. Guyger thought she had entered her own apartment. It wasn’t. Instead, she shot and killed her neighbor, which sparked national headlines. Guyger is white. Her neighbor and victim, Botham Shem Jean, was black. Guyger said she felt threatened and acted in self-defense. The jury rejected that argument and Guyger now faces 5 to 99 years in prison. There is no evidence that Guyger had any racial motivations concerning this horrible event. Yet, here’s The New York Times trying to stoke up racial tensions, which is juxtaposed with their own reporting that race was never really mentioned during the trial, though decided to add that drama in there because…why not make an already tense situation worse (via NYT): 
A former Dallas police officer who shot her unarmed black neighbor in his own apartment was found guilty of murder on Tuesday, in an unusual and high-profile case that dealt with issues of race, policing and mistaken identity.
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Begin Trace Mode for Comment # 28.
#1. To: Tooconservative (#0)
I bet she will be real popular on Cell Block C, especially with the tan klan !
They will house her in a special prison. I think she should have been charged, and found guilty. However the most appropriate criminal charge should have been Manslaughter. recklessly causing the death of another person. My opinion is not swayed by her profession... but by her acts.
But she was a trained cop and her actions were intentional. She pulled her gun, aimed it, shot for effect and hit her intended target. She intended to kill or down the person she shot at. That's a cold reading of the law, but it seems to apply. She probably didn't realize she was in the wrong apartment, but being spaced out and reacting is not reckless. It's a tough one to call. Texas has capital murder and murder. The do not have degrees as elsewhere. Manslaughter is as you describe. I posted the statutes on another thread here. She can produce mitigating factors at the sentencing phase.
IMHO, if she felt she was 100% justified to use deadly force, and that justification would have been spot on, had she actually entering her home, and mistaking what floor your on was common place, as reported by others in the building... and she wasn’t drunk or high, then I would consider that reckless. I once investigated a dude that had narcolepsy. Was driving his vehicle around 5 pm, fell asleep at the wheel, drove through a glass foyer of a large grocery store, running over a small child... killing the child. Driving with that condition is reckless. Zero intent to do anything unlawful. However a human life was taken. A punitive action should be taken, but imho, lack of intent should be a monumental consideration towards the length of sentence. With that said, if this bimbo should be sentence lightly, we have a few that will shit themselves here... start a whole other thread.
I feel your reach for a just result, but I am giving a cold look at the law to explain the verdict of the jury. Aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur, does not fit with intentionally pulling her weapon, aiming and shooting. In her act of shooting, she did exhibit a conscious objective or desire to engage in the conduct or cause the result. Due to apparent disorientation, her decision to pull the weapon and shoot was due to a horrible mistake. But the result of the act was the intended result. She intended to shoot him but based on her mistaken assessment of the situation. As for knowingly, she did not know the actual circumstances that existed, but she did know the probable result of her conduct and had a connscious objective or desire to cause the result. I'm not sure what justice is in this case. Maybe it can be reached in the sentencing phase. https://codes.findlaw.com/tx/penal-code/penal-sect-6-03.html (a) A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result. (b) A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result. (c) A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint. (d) A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
This is why I went with "no more and no less than a civilian with a CCW would get under the same exact circumstances". And that is something that an appeals court in a big state could determine with some degree of accuracy. This is why various states have sentencing commissions, why appeals courts consider the average sentences handed down for similar crimes, etc. But it can never be absolutely perfect in every case. Perfect justice is an illusion. Of course this is, in part, why Lady Justice is always depicted as blind. But she does have nice hooters.
Isn't that the statue that Ashcroft had covered up with drapes when he was AG in 2002?
Ah, I see you recognized those famous and ample titties of DoJ's topless Lady Justice instantly. What tipped you off?
#29. To: Tooconservative (#28)
I'd have to go with cup size. Not that big - 34B I'd guess.
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#2. To: Stoner (#1)
#20. To: GrandIsland, Stoner (#2)
I think she should have been charged, and found guilty. However the most appropriate criminal charge should have been Manslaughter. Recklessly causing the death of another person.
#22. To: nolu chan (#20)
She probably didn't realize she was in the wrong apartment, but being spaced out and reacting is not reckless. It's a tough one to call.
#25. To: GrandIsland (#22)
IMHO, if she felt she was 100% justified to use deadly force, and that justification would have been spot on, had she actually entering her home, and mistaking what floor your on was common place, as reported by others in the building... and she wasn’t drunk or high, then I would consider that reckless.
Texas Penal Code § 6.03. Definitions of Culpable Mental States
#26. To: nolu chan, GrandIsland (#25)
I'm not sure what justice is in this case. Maybe it can be reached in the sentencing phase.
#27. To: Tooconservative (#26)
Of course this is, in part, why Lady Justice is always depicted as blind. But she does have nice hooters.
#28. To: Deckard (#27)
Isn't that the statue that Ashcroft had covered up with drapes when he was AG in 2002?
Replies to Comment # 28. What tipped you off?
End Trace Mode for Comment # 28.
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