Trial date set for former Dallas officer Amber Guyger in fatal shooting of Botham Jean

[Eugene]

Source: Fort Worth Star-Telegram

A judge on Monday set the trial date in the homicide case of former Dallas police officer Amber Guyger.

Guyger, 30, fatally shot 26-year-old Botham Jean on Sept. 6 after she says she entered the wrong apartment and mistook Jean for an intruder, police have said. Jean was in his own apartment preparing to watch a football game when he was shot.

Judge Tammy Kemp set the trial date for Aug. 12. However, Guyger’s attorneys are expected to request a change of venue, so the trial date will likely change.

Guyger was indicted on a murder charge.

-snip-

BY NICHOLE MANNA
MARCH 18, 2019 02:34 PM,
UPDATED 3 HOURS 50 MINUTES AGO


Read more: https://www.star-telegram.com/news/local/crime/article228091059.html

[MicaelS]

1. Good, let us hope it will be a swift trial, and a just verdict.

And a long sentence.

[cab67]

2. she's a cop.

she'll walk.

[ZZenith]

3. I don't think so.

Most cases I might agree.

Not this one.

[bitterross]

4. I wish I were as optomistic as you.

I'm not - hence my screen name.

Police walk all the time on these things.

https://www.nytimes.com/interactive/2017/05/17/us/black-deaths-police.html

[Aristus]

5. I'm afraid I'm with you on this one.

Time was, you had to be James Bond in order to have a license to kill. Now you just need a badge.

[ZZenith]

6. How many of those were off-duty and in the victim's apartment?

[marble falls]

9. I've lived in Texas toooo long to think that cop will definitely get justice. I bet she gets ...

very, very little time.

[yardwork]

7. She's a woman. I think the jury will convict.

[Jedi Guy]

8. I'm not so sure that'll be the case.

I think they may have made a mistake going with a murder charge rather than manslaughter. The standard for a murder conviction is higher as I understand it, though I'm not a lawyer and such things vary from one state to another.

From what I can tell, in order to convict her of murder, they have to prove that she knowingly and willfully caused the victim's death. Manslaughter is recklessly causing a victim's death. In essence, they'll have to prove that she went to his apartment with the intention to kill him, which may require powerful evidence to convince the jury of her state of mind and intent.

It's possible that if there's a hung jury they may try again with a lesser charge. But based on what's been reported on this case, I think they'll have a tough time proving murder. But again, I'm not a lawyer, so I may be very wrong in my analysis.

[marble falls]

10. Prosecuters who over charge cops get those cops off. No doubt. As long as she consistanty ...

sings the cop song - "I was in fear of my life, he looked like he was charging me with a weapon", she walk.

[Jedi Guy]

12. That also occurred to me, yeah.

It'll depend on what they do in the event of a hung jury. If they throw their hands up and say "well gosh, folks, we did our best" and then don't bring a lesser charge for a new trial, the fix is definitely in.

Hopefully that's not the case and they have evidence to show her intent. But based on what's been reported thus far, that doesn't seem likely to me. From what I know of this case, I don't see a conviction happening here. Whatever their intent, they definitely overcharged on this one, in my opinion.

[marble falls]

14. Agree with you 100% - she most probably will walk.

[Jedi Guy]

15. I did a little more research on this case.

Apparently she was originally arrested on a manslaughter charge, and the grand jury left open the possibility to upgrade to a murder charge. The fact that they've done so indicates to me that they think they have the necessary evidence to prove intent.

I still think that'll prove to be the stumbling block for the prosecution. Proving beyond a reasonable doubt what someone thought or felt is tough, though I guess we'll see how it plays out.

[skypilot]

11. I had forgotten about this case...

...but as soon as I read in the article that she was being indicted for murder and not manslaughter my first thought was that she will be acquitted.

[Jedi Guy]

13. Same here, yep.

Whether through prosecutorial zeal or a desire to get her off the hook, they screwed up here. And it may well rob Mr. Jean's family of justice for their loved one. And it'll further undermine the public's faith in our justice system. First the tragedy, then the travesty.

[MicaelS]

16. For all you pessimists, I think you are wrong on this one.

There were a lot of very angry people when this occurred. I think she will be convicted.

I still do not think we have had the whole story. Mainly because the judge issued a gag order back in January.

She claims she made a mistake. I want to know HOW she made the mistake. Assuming it really was one. Was she chemically or physically impaired in some fashion?

Did she work too long that day (13.5 hours) and was so tired her judgement failed? The day before the shooting, she worked two hours and 30 minutes of overtime.

The state also subpoenaed the cruise ship company Royal Caribbean to submit records "pertaining to all cruises taken by Guyger" between Sept. 23, 2018, and March 4, 2019; beginning two weeks after Jean's death.

That part looks really bad. She killed a guy, then went on a cruise?