Dallas police identify officer that entered wrong apartment, killed man

[Judi Lynn]

Source: NBC News

An attorney representing the victim's family said they want the officer arrested. The Texas Rangers are investigating.
by Phil Helsel / Sep.08.2018 / 10:01 PM ET

Dallas police on Saturday identified the officer who is believed to have entered the wrong apartment and fatally shot the resident there, but said the Texas Rangers have decided to postpone a decision to pursue any arrest warrant.

Officer Amber Guyger, who has been on the force for four years, allegedly went into the wrong apartment in her building Thursday and fatally shot Botham Shem Jean, a 26-year-old native of the Caribbean island of St. Lucia.

Dallas Police Chief Reneé Hall said Friday that the department was in the process of obtaining a warrant for manslaughter, but the investigation was turned over to the Texas Rangers.

Police said Saturday that the Texas Rangers "made the decision to postpone pursuing a warrant, until they could follow up on information that they received from the interview with the officer."

Read more: https://www.nbcnews.com/news/us-news/dallas-police-identify-officer-entered-wrong-apartment-killed-man-n907841

---

(There's another video, lower on the page, showing Botham Shem Jean singing in church.)





Amber Guyger: 5 Fast Facts You Need to Know

By Jessica McBride
Updated Sep 8, 2018 at 10:11pm

Amber Guyger, who has been on the Dallas police force for four years and was involved in a previous shooting, was named by the Dallas Police Department as the officer who shot and killed a well-liked Saint Lucian businessman named Botham Shem Jean after authorities say she may have mistakenly gone to Jean’s apartment, thinking it was her own.

“The officer involved in this incident has been identified as Officer Amber Guyger #10702. She has been on the department four years and she is assigned to the Southeast Patrol Division,” Dallas police said in a statement on the evening of September 8, 2018.

Dallas Police Chief Renee Hall previously said that police had enough evidence to seek a warrant for manslaughter, but police revealed on Saturday that the Texas Rangers, who took over the investigation, are still investigating and wanted to wait on any warrant. Online records show that Amber Guyger has long ties to Texas and is 30-years-old.

More:
https://heavy.com/news/2018/09/amber-guyger/

[PoliticAverse]

1. "wanted to wait on any warrant" - this indicent crys out for "more investigation" before...

any specific charge is brought.

[Sherman A1]

2. I have a few questions

1). How hard is it to find your own apartment? (Wondering just how intoxicated she may or may not have been).

2). If you cannot locate your own domicile, then just how qualified are you to make the array of decisions that are required of a police officer? I would think that good judgement is something of an important skill.

3).By what means does one get into another's apartment? Was the door left open? Are all of the doors keyed alike? If so the other tenants have some serious questions to ask the management of the units and the deceased's family I believe have cause for legal action.

[Hav]

5. There seem to be conflicting infos

She was on the wrong floor and tried to open the door with her own key which of course didn't work. Supposedly, the victim opened the door and was gunned down. Other witnesses, not sure how reliable they are, say that they heard her orders to open the door which is a strange thing to do for your own apartment. I would have understood to be startled by someone who opens the door to your apartment while you try to get in, but it's strange to just shoot a person who you ordered to open the door.
It's a tragedy and I suppose we'll learn more about the circumstances.

[Lucky Luciano]

6. I even heard she had a prior relationship with the man she killed.

[LisaL]

9. You heard that because social media spreads rumors, and these

rumors don't have to be accurate.

[Lucky Luciano]

12. True...but the story is so crazy already that it sounds plausible

[LisaL]

13. It's not true. They didn't know each other.

[VMA131Marine]

26. She'd only recently moved into the building

She did not know Bothem Jean.

[LisaL]

28. Exactly. Social media was spreading rumors.

False rumors. There is a photo of the man who was killed, standing with several women, none of them is the police officer in question. But it was falsely claimed that one of the women is the police officer.

[DoctorJoJo]

45. If she was on the wrong floor, she HAD to be intoxicated!!

[xor]

69. If she was on the "wrong" floor then it might also be possible he lived above her

and she thought he walked too loud. Bit extreme and nothing I heard supports that, but it's not less weird than what she's saying happened.

When I first heard this I thought they either had a previous relationship together or they have some sort of feud or something. It's just really hard to wrap my head around it playing out the way she says she did.

I mean, even if totally drunk or on drugs. She apparently was in full uniform still too. So, if she was intoxicated, I'm going to say she likely didn't get that way a bar, right?

[Hav]

3. I'm not sure whether we'd see the same kind of action

if the roles were reversed and a police officer was gunned down in his own home.

[3Hotdogs]

21. That would be interesting... especially in Florida. "Stand your ground."

[EX500rider]

49. Florida is not the only stand your ground state:

The states that have legislatively adopted stand-your-ground laws are Alabama,[5] Alaska,[6] Arizona,[7] Florida,[8] Georgia, Idaho, Indiana, Iowa,[9] Kansas,[10] Kentucky, Louisiana,[7] Michigan,[7] Mississippi, Missouri,[11] Montana,[7] Nevada, New Hampshire,[7] North Carolina,[12] Oklahoma,[7] Pennsylvania,[13] South Carolina, South Dakota, Tennessee,[7] Texas,[14] Utah,[15] West Virginia[7] and Wyoming.[16]

The states that have adopted stand-your-ground in practice,[17] either through case law/precedent, jury instructions or by other means, are California,[18][19] Colorado,[20][21] Illinois, New Mexico, Oregon, Virginia,[22] and Washington

https://en.wikipedia.org/wiki/Stand-your-ground_law#United_States

[BumRushDaShow]

4. If she were black or Hispanic

her ass would have been locked up with no "delay".

[aaaaaa5a]

7. Why has nobody noticed

The white supremacy terrosism hand sign in one of her photos?

[sweetloukillbot]

8. Because there isn't one

[aaaaaa5a]

10. Look again.

?quality=65&strip=all&w=292&strip=all

[LisaL]

11. The so-called white power sign is a hoax originated on 4chan.

“Well, no, it hasn’t, but you are likely to hear just the opposite from social media, thanks to the latest hoax from members of notorious website 4chan.”
https://www.independent.co.uk/news/world/americas/ok-sign-not-hate-sign-statement-clarification-adl-a7716556.html

[yardwork]

16. Where it originated is irrelevant. It's now being used by white supremacists.

[LisaL]

18. What is being used by white supremacists?

Even if you insist that the sign isn't a hoax, the guy in the photo isn't actually showing the same exact sign. For the sign to indicate white power, presumably it at least should be spelling WP. Neither of his signs do that.
So I have no idea what this guy is actually trying to gesture.

[yardwork]

19. Yeah right.

[LakeSuperiorView]

24. If anything, he is making a p and a d.

Which would be really shocking for people that worked for, oh lets say, a police department...

[yardwork]

29. Oh definitely. I see that all the time.

[LakeSuperiorView]

76. So, do explain the opposed signs...

and the lack of the non index fingers splayed to from a W.

Though I doubt that anything other than the preconceived notion that is wanted is impossible to be seen...

[yardwork]

32. More recent info from the ADL:

https://www.adl.org/education-and-resources/resource-knowledge-base/hate-symbols?cat_id%5B153%5D=153

[LisaL]

34. If you take what is shown in the link as a white power sign,

the guy in the photo is not actually gesturing that way.

[yardwork]

37. The implication of his gesture is clear to me.

[LisaL]

39. He isn't spelling WP, but

you obviously can believe whatever it is you want to believe.

[bettyellen]

47. The All Lives Matter shirt her mom wore when posed with her also meant nothing. It's just a defense

Of those cops who were right when they shot unarmed black people. Oh wait.

[George II]

33. The swastika was originally created 7000 years ago in Eurasia. Is it not now a symbol of Nazism?

[NurseJackie]

36. Yes. Exactly. Thank you.

Intelligent people understand how these things work.

[LisaL]

38. Not everybody is a stable genius.

[NurseJackie]

56. And, not everybody is a racist. And not everybody gives them cover.

Not everybody is a stable genius.

And, not everybody is a racist. And not everybody gives them cover. But when someone is, and when someone does, it doesn't take a stable genius to recognize it for what it is.

[Cary]

46. So what is this Ziva woman doing?

I don't see why you're so quick to hit the apologist button

[LanternWaste]

83. It's become a mountweasel, however.

And is becoming a WP standard in and of itself.

[sweetloukillbot]

48. Oh, on a picture that wasn't in the OP, fair enough

I’m not 100% sold that it is a white power sign, but it is definitely an alt-right and pro Trump sign.

[raccoon]

14. At the very least, this woman shouldn't be in LE. Nt

[cyndensco]

22. At the very least,

This woman should be LOCKED UP for killing a man inside his OWN apartment. Just my opinion...

[Trust Buster]

15. Not enough facts are known yet.

[obamanut2012]

25. Of course there isn't

Except there is.

[Trust Buster]

27. No there isn't. I am just reading a lot of hate.

[yardwork]

30. I hate that a man was killed in his own apartment. How do you feel about that?

[Trust Buster]

51. We don't know the facts yet.

[yardwork]

54. Excuse me?! His death is not disputed. It's a fact that a man is dead.

If you don't know that that is a fact, you need to catch up.

[VMA131Marine]

60. The officer shot Bothem Jean as he was opening the door

She was off-duty and had no valid reason to enter his apartment. Seems pretty clear cut to me that she was at least negligent in killing a person in his own home.

[Cha]

75. Negligent Homocide.

I'm interested to read the toxicology report. Either she was loaded or.. I dunno know..

Jean’s mother, who is also known as Allie Jean, told NBC News from Saint Lucia: “He did no one any wrong.” The shooting occurred at an upscale apartment complex called South Side Flats not far from downtown Dallas, NBC reported.

“Somebody has to be crazy not to realize that they walked into the wrong apartment,” Allie Jean said. “He’s a bachelor. Things are different inside.”

https://heavy.com/news/2018/09/amber-guyger/

[.99center]

41. Where?

Are you going to start backing up your attacks on the community?If you think DU is full of haters and extremists, wtf are you doing here?
https://www.democraticunderground.com/100211105645
"Extremism is present everywhere unfortunately"

[heaven05]

42. really?

I think the hate is the other way around. This police officer had no reason to kill this man. She murdered him and I DO NOT like her for that reason. Now when the 'official' investigation is over, then I'll see if I put her in my george zimmerman catalogue of genocidal maniacs doing the job on AA for the racist RW of ameriKKKa. Who are sitting back and cheering, smoking cigars, partying at every summary execution by white 'authorities' or not of POC.

[Trust Buster]

52. You do not know the facts yet. You are pre-judging this situation IMO.

[heaven05]

53. yep, sure am

[Coventina]

58. A black man was killed in his own apartment.

Those are the facts.

[VMA131Marine]

61. There are enough facts to know this killing was unjustified

[Trust Buster]

62. No there is not.

[VMA131Marine]

63. Yes there are!

I'm beginning to think you're just a troll!

[Trust Buster]

64. Not a troll. Just a fair human being who sees no reason to rush to judgement before a fair

Investigation can be performed. Are you a troll because we hold different opinions ?

[VMA131Marine]

65. I wil repeat the key fact

Botham Jean was shot as he was opening his door. The officer never got inside. There is no justification for what she did because she was at the wrong apartment. She even ignored the red mat at the door that was unique to Jean's apartment.

[Trust Buster]

67. That is speculation on your part. We can wait for the investigation results. There is no hurry.

[VMA131Marine]

68. No, that is based on reporting

And statements made by the Dallas police. There is no speculation on my part. If you want me to speculate, then my guess is the officer had a couple of drinks on the way home. That, my friend, is speculation.

[xor]

71. While I disagree with those jumping to the conclusion that this was 'obviously' racially motivated

I'll even say we can't say for sure it was done out of malice. However, I don't see how there is any way that this can be viewed as anything but unjustified. Based on what we've heard of her own statement, how can this be viewed as anything else?

The only possible thing is that he answered the door and immediately attacked her. That makes zero sense and nothing like that has been mentioned by anyone. In also seems to go against everything we know about the victim. Maybe you can explain what possible facts could come out to justify this?

[uponit7771]

82. Your statement is false, there are enough facts to charge her with manslaughter

[xor]

70. I think she deserves a fair amount of disdain.

At best, her extreme recklessness and negligence took the life of an innocent person who literally did nothing wrong. That guy could have been any of us sitting at home after work. Why shouldn't people be angry with her? We're angry at drunk and/or reckless drivers when they kill innocent people because of their negligence.

[moriah]

17. I don't care if they think a jury will buy "mistake" to excuse recklessly shooting.

Aka, manslaughter.

But I think any jury would agree she was criminally negligent:

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.

And anyway, "mistake" is an affirmative defense.

Anyone care to start a petition/writing campaign? This women would be in jail, or bailed, had she not been an officer.

[PoliticAverse]

31. Since she apparently intetionally shot him (i.e. the gun didn't go off accidentally)....

it would have to go beyond 'negligence', and a jury doesn't necessarily get to choose a lower charge to
convict on (depends on the law where she's charged and a judge's determination).

[moriah]

44. In the defense of "mistake" in Texas law, it affects culpable mindstate ...

.... but does not negate a culpable mind state that would exist under a lesser included charge even with the "mistake" taken in mind. They're using the change of manslaughter -- recklessness -- which could be negated by a "mistake" defense.

Even if a jury bought that a reasonable person could make that same mistake under the circumstances -- believing it was her apartment and attempting to enter -- it doesn't address whether she acted negligently in shooting before establishing her target and what was behind it even assuming it was her door at first.

And in TX, "criminally negligent homicide" includes more than DUI-related deaths.

Dallas is saying they've taken this out of their "officer involved shooting" process, so a prosecution witness establishing the four rules for gun safety and including why that portion about "what is behind it" is important would establish negligence. What if her bullet, in an apartment building, had penetrated walls into another unit? Did she even look at the interior before pulling the trigger?

At any rate, these are all questions for a trier of fact. All gun deaths involve at least negligence, the problem is deciding whether it's culpable negligence. For me, the answer is easy, and getting people in Texas who know the "four rules" on a jury is probably not an issue.

She should be in jail or having had to put up a bond already, like a normal citizen. This is fucking ridiculous.

[PoliticAverse]

77. Well they now have arrested and charged her - with manslaughter...

https://www.star-telegram.com/latest-news/article218101230.html

[0rganism]

59. depends on how racist they are

she's a white police officer
her victim is black
what's the conviction rate on that kind of offense?

[xor]

73. What is worse, negligent homicide or manslaughter?

I looked that up yesterday and I got the impression that negligent homicide was worse, but I read other people suggest it was the other way around. Any idea?

[PoliticAverse]

80. Under Texas law manslaughter is worse...

For an explanation of the difference see...
https://www.versustexas.com/criminal/criminally-negligent-homicide/
and
https://www.versustexas.com/felony/manslaughter/

[xor]

81. At minimum it seems like she is guilty of manslaughter

That's assuming there isn't anything more to this story that works against her.

[marble falls]

23. The bottom line ...

“You don’t just get to walk in someone’s house, shoot them dead, and say whoops I thought it was my own house. Join us tonight and demand justice for #BothamShemJean,” he wrote. He added that any other suspect would be in jail.

[PoliticAverse]

35. "He added that any other suspect would be in jail." - unlikely she'd be in jail for long...

she'd be out on bail (she has strong ties to the community and doesn't appear to be a flight risk and
her release doesn't appear to present an immediate danger to the community).

[PoliticAverse]

78. And to followup - she was arrested and made bail in less than an hour apparently...

https://www.star-telegram.com/latest-news/article218101230.html

[heaven05]

40. time, for me, to

look into the Texas Rangers and their history....for damn sure. Their real amerikan history, not the idealized BS Amerika is so good at churning out about justice, equality, freedom and the 'american way'.

[getagrip_already]

43. artiles don't say, but how many shots did she fire?

Did she apply medical assistance once she realized where she was?

Were any drug or alcohol tests performed?

Or was she merely provided with a grief counselor and sent home?

Is she even still on payroll?

It's a perverted system. The victim will have an autopsy and anything in his system will be released. But she apparently has rights and they won't discuss it.

[PoliticAverse]

50. Did you really read the article?...

Were any drug or alcohol tests performed?

A blood sample was drawn from the officer to test for any alcohol or drugs, Hall has said.

[nmgaucho]

55. Botham Shem Jean

[jb5150]

57. Who deleted her facebook account?

Her, or the police dept? What did it show? this is called destruction of evidence ..... there is a cover up going on.

[xor]

72. It could have been her family or maybe friends or significant other.

Facebook has also been known to delete accounts when stuff like this happens. I don't really blame them for wanting to remove the account and/or lock it down at least. I had an instance in which a facebook account of mine was mistaken to be the account of someone who was in the news for something. Not only was my account bombarded, but they also went after people I was friends with on the site.

Given the way the internet lynch mob works, even if their intent may be noble in a weird way, there are some really messed up people out there who get great glee from harassing people. Her family & friends don't deserve to be harassed because this woman did something awful.

Anyway, I wouldn't assume it's a cover up. If she had a facebook page and people already seen it, then anything about her is saved. I also wouldn't assume she had a public or easy to find facebook page. I don't have one any longer. So, I would say unless there is some explicit signs that there is a cover-up or attempt to destroy evidence, I don't think it's fair to assert that assumption as fact.

[Crabby Appleton]

74. She has been charged and arrested now

https://www.cnn.com/2018/09/09/us/amber-guyger-arrest-botham-shem-jean/index.html

[7wo7rees]

79. This is why we kneel.