Posted on 10/01/2019 10:33:27 AM PDT by Envisioning
DALLAS - A former Dallas police officer who fatally shot an unarmed man in his apartment was found guilty of murder by a Dallas County jury on Tuesday.
Guyger was off-duty but still in uniform after a long shift when she shot Botham Jean, a 26-year-old accountant from the Caribbean nation of St. Lucia. Murder carries a sentence of five to 99 years. The punishment phase, which will start Tuesday afternoon, will determine just how long her sentence will be.
Cheers erupted in the courthouse as the verdict was announced, and someone yelled "Thank you, Jesus!" In the hallway outside the courtroom where Guyger was tried, a crowd celebrated and said "black lives matter" in raised voices. When the prosecutors walked into the hall, they broke into cheers.
Twisting words. She did INTEND to shoot who she thought was a burglar in her apartment.
Bullet trajectory revealed he was shot while getting up from the couch or while cowering away from her.
She shot before ascertaining the situation.
To be convicted of criminal trespass in Texas, the prosecution must prove beyond a reasonable doubt that you entered or remained on the property belonging to another person without his or her consent. Also, you have to have been on notice that your entry was not allowed, or you received such notice but failed to vacate. A closed door would be notice that your entry was not allowed, to any intellectually honest person.
To be convicted of burglary in Texas, the prosecution must prove beyond a reasonable doubt that you entered a private residence or part of another type of building that the public did not have access to and while there you committed or attempted to commit a felony, theft, or an assault. She entered a private residence and shot a man, which any intellectually honest person would admit is a felony in anyone's book.
Again, intent and lack of knowledge, is a relevant factor.
You have Senate hearings on baseball players using steroids & Clemens almost went to prison. But they will NEVER, ever test a cop. ‘Roid rage is obviously an issue.
40 years ago the suburban cops used to harass me all the time (I worked nights). I was a good little conservative & couldn’t figure out why so many of these public servants were nuts. Back then, it was cocaine. Now, it’s ‘roids.
He died while she was criminal trespassing (a felony in Texas). Criminal trespass is entering a property without consent.
Automatic murder charge if someone dies while a person is commiting a crime in Texas.
She also failed to render aid.
How did she come to have a key to his apartment? Didn’t she notice it wasn’t hers the minute she opened the door?
The jury was free to choose to convict on manslaughter or murder. They chose murder. On what grounds can this be appealed?
That is not correct. Mens Rea is not required. I will agree that normally it is, but not in this case and here is why: She entered the residence, without consent and committed a felony (30.02.a.3). It's not tied to the intent to commit burglary. It's tied to the offense against the person (19.02). And thus, 19.02 is then tied to 30.02 and that's why it's murder.
And no - I'm not an "arm-chair" lawyer. We have actually discussed this case at length in my criminal justice classes, taught by aw professors here in Texas. I am using my post 9-11 GI Bill to get my Criminal Justice degree after I retired from the military. We have GREAT discussions about the fact that they may have over-charged her. But as you know Texas does not have a 1st/2nd-degree murder charge. I was personally believing they would have been better off with a "Criminally Negligent Homicide" charge. But my prof and another law enforcement officer in the class explained very clearly why they went this route. It made sense and they predicted it would stick. They were right.
“How?”
Criminal trespass is a felony in Texas.
Unlike others I will actually answer your question instead of giving you a lecture on my opinion of the matter.
Yes manslaughter was an option. It was not charged, but the judge gave the jury the option in her final instructions.
“Even if he survived to tell his story, there would be a trial.”
That would be up to the grand jury to decide in Texas.
Sure, they were technically free to convince on any of the different degrees of homicide, or to exonerate of the charges completely. But do you honestly think that each, if not most, jurors didn’t feel at least the shadow of duress during the trial? Each is known, or can be known, and murderous BLM goons would have no compunction about exacting their own “street justice” against any dissenters.
It can be appealed on the basis of TESTIMONY of law enforcement professionals questioned, that they saw that the incident did NOT rise to the level of a crime, at least not to the higher level of “murder.” That was a fatal mistake in this case, but the jurors saw that the mob wanted their pound of flesh, and so gave them what they wanted.
“Criminal trespass is a felony in Texas.”
Nope.
“She entered a habitation illegally. “
You dont know that.
Besides, trespassing is not a felony.
“She committed the crime when she entered his apartment without his consent. Again - it doesn’t matter if it is a mistake. “
Cite the statute that entering someone’s abode is a crime.
” For instance, if you enter my habitation by accident and I kill you, I have a justification defense regardless of your mens rea in this state because I may not have time to establish it.”
If you do you better get a real lawyer. I suggest that if younrally believe that, go talk to some lawyers before you get into serious trouble.
You are right, not a felony.
But if someone dies while criminally trespassing, then murder can be charged to the trespasser.
“But if someone dies while criminally trespassing, then murder can be charged to the trespasser.”
GEEZ. CITE THE STATUTE!!!!
For YEARS...I have ALWAYS kept my doors locked at all times when inside my townhouse. ALWAYS.
She is very negligent and should go to prison for a long time, but the victim probably would be alive if he simply locked his door while enjoying ice cream.
By the way, I personally have a thing for chocolate chip ice cream. When I am with my ice cream, the doors are f’in LOCKED.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.