Attorney claims cop who killed man in his own apartment was justified because "self-defense"

[StarfishSaver]

Ex-officer who killed neighbor in his own apartment wants her murder conviction overturned

The former Dallas police officer who shot and killed her neighbor inside his apartment, mistaking it for her own, is seeking to have her murder conviction overturned and 10-year prison sentence reversed.

Amber Guyger’s September 2018 shooting of Botham Jean was a justifiable act of self-defense, her attorney claimed in a brief filed to a Texas appeals court, because she believed the 26-year-old accountant was an intruder in her home. The lawyer acknowledged that the consequences were “tragic” but insisted that the ex-officer “acted reasonably” based on her mistaken belief.

“Although she intentionally and knowingly caused Jean’s death,” wrote attorney Michael Mowla, “she had the right to act in deadly force in self-defense since her belief that deadly force was immediately necessary was reasonable under the circumstances.”

https://www.washingtonpost.com/nation/2021/04/27/amber-guyger-appeal/

Because a white woman has every reason to fear that a Black man in her apartment watching tv and eating ice cream poses a lethal threat to her ... Why should it matter that HE WAS IN HIS OWN DAMNED APARTMENT and SHE was the intruder but somehow he managed not to shoot her.

[Demovictory9]

1. .

[Thrill]

2. She broke into his house. And claims self defense from him??

So those gun nuts in Texas are ok with this defense?

[WhiskeyGrinder]

3. We NeEd MoRe WoMeN cOpS

[Best_man23]

4. She entered a dwelling that was not hers and she had no right or cause to enter

Then she proceeded to shoot Botham Jean to death, so no she did not have the right to act in deadly force. If anyone not carrying a badge did this, they would have been sentenced to a lot more than 10 years.

If this appeals court grants this motion and she's allowed to go back to being a cop, then not only is this country policing broken, but the courts as well.

[A HERETIC I AM]

5. I take it she doesn't like prison.

What a shocker.


Let’s hope the judge laughs his ass off as he sets fire to the motion.

[Downtown Hound]

6. And this, is why I was probably the only one in America who wasn't "moved to tears"

when her victim's relative hugged this murderer at her trial. She got a measly ten years, will probably be out in four or five, and yet she can't even buck up and do her time without causing his family even more grief by pulling bullshit stunts like this?

If I killed someone in their own home, I'd be grateful I only got ten years and would do my time without complaint and with contrition. She's a cop so she's probably in her cell most of her time. I would get a bunch of books and treat it like a free, all-expense paid education. But like many cops, she has no honor. She only pretends to.

[Hugh_Lebowski]

7. I'm pretty DAMN SURE that argument was presented in the trial

that already happened ... and was a LOSING ARGUMENT.

Her lawyer just wants her money I have to assume.

I cannot see this argument being a successful one as grounds for appeal.

[Demsrule86]

8. It was her entire defense as I recall... ridiculous.

[drmeow]

15. That was my thought

I'm sorry but didn't a jury already decide that she wasn't acting in self-defense?

[exboyfil]

9. She lost any chance for this argument to work

when she admitted she knew someone was in "her" apartment. She decided to go in all Dirty Harry style instead of calling for backup. She then shoots an unarmed man and tries to use the castle doctrine as a homeowner.

She went into "her" apartment looking to kill someone. That is not even castle doctrine. That is not even good police work (where she should have called for backup and then, after it arrives, demand the individual comes out of "her" apartment.

If she was surprised, it still shouldn't work. There is absolutely no evidence except her word that he posed a threat. It could just as easily have been a maintenance person in "her" apartment. She sure as s__t didn't give Bothan Jean any opportunity to even surrender.

It was her bad luck that Bothan Jean was basically a saint (expect for having some weed in his apartment - big deal). As soon as she shot him, the entire wheels of her department (and even the Texas Rangers) moved heaven and earth to get her off.

And you had her brother in a social media post flashing the ok sign (virtually her entire social media was taken down - she was given time to do this by her department). In a normal police investigation, they would have been working to preserve her social media to use it potentially to demonstrate motivation.

[prodigitalson]

10. I think a reasonable person standard applies (DU lawyers?)

Getting your own apartment wrong removes her from that realm I would think.

[panader0]

11. Such reasoning would make any crime legal.

"I thought I was doing the right thing."

[StarfishSaver]

12. I thought the money in the bank vault was mine

That car I hotwired looked a little like mine.

I didn't realize the guy I beat up was begging me to stop. I thought he was saying, "Punch me again. I like it!"

I thought it was ok to break into the Capitol and attack Capitol police officers because I'm sure I heard Donald Trump tell me I should.

The possibilities are endless.

[Dawson Leery]

13. Disgusting animal.

She had no right to be there! PERIOD!

[mcar]

14. Good gad

It never ends.

[rickford66]

16. If I remember correctly, she couldn't open the door

because her key wouldn't work (Duh!). She banged on the door until the victim opened it and she shot him. He also had a welcome mat which she didn't have and there were some other things different on that floor. She was drunk no doubt.

[marieo1]

17. Disgusting

My thoughts..........BULLSHIT!!! A police office is supposed to check it out rather than just killing someone.

[MustLoveBeagles]

18. You've got to be kidding me!