Posted on 09/30/2019 2:13:43 PM PDT by Presbyterian Reporter
Ex-Dallas police Officer Amber Guyger was "unreasonable" when she mistakenly entered her neighbor's apartment "commando-style" last year and fatally shot him, thinking he was an intruder, prosecutors said Monday during closing arguments in her murder trial.
"A guilty verdict in this case does not mean you hate police. This has nothing to do with politics," prosecutor Jason Fine told the jurors.
But the defense argued to jurors that at that moment, Guyger truly believed she was acting in self-defense when she thought she was at her apartment, which is one floor directly below that of neighbor Botham Jean.
"It's one of those cases where there are no winners," defense attorney Toby Shook told jurors. "The evidence shows it's just a tragedy. A horrible, horrible tragedy."
The dueling arguments followed state District Judge Tammy Kemp instructing the jury that they can consider a charge of either murder or manslaughter after Guyger fatally shot Jean on Sept. 6, 2018. Jurors began deliberations Monday afternoon.
For jurors to find Guyger, 31, guilty of murder, the state must have proved that she "intentionally or knowingly" caused the death of Jean. The lesser charge of manslaughter requires jurors found she "recklessly" caused his death.
Kemp also said jurors can consider Texas' stand your ground law, known as the Castle Doctrine, to decide whether Guyger was within her rights to use force. The law says that force, including deadly force, can be used to protect one's home or property.
Fine said it was "absurd" for Guyger to think she could use that defense since it wasn't actually her home.
"This has to do with that defendant making unreasonable decisions that put her in that seat," Fine said, pointing toward Guyger, "and Bo in the ground."
Closing arguments began on day seven of Guyger's trial in a case that reignited conversations about police use of force, racial bias and being safe in one's own home. The defense has argued that Guyger, who is white, feared for her life when she entered the apartment of Jean, who was black, and saw a person she thought was an intruder.
Shook, in his closing statements, called the case "tragic," and asked, "Who would not have sympathy for Botham Jean?" But he also asked jurors to look at the evidence without emotion.
The state, he said, "must prove beyond a reasonable doubt that the defendant wasn't acting in self-defense. And if they can't do that, it's not guilty."
If only the defense of a female cop was one that every homeowner would be able to use in their shooting defenses.
The state does its best to crucify regular peons defending themselves from criminals and invaders, they never bend over backwards to see them as innocent.
If this man shot this female cop breaking into his home and killed her, would the state be so receptive to his legal team arguing the same thing? Hell no, you know they wouldn’t.
Jurors aren’t allowed to speak to each other during sequestration.
I am not a cop. If the door to my place swans open I would have called 9-11
I think manslaughter is on the menu
Female cop, walks. Male cop, probably not. Regular person, nope.
She sure cried a lot, too many guys think this actually means something genuine. Its a tactic. SHES CRYING BECAUSE OF THE SITUATION SHE FINDS HERSELF IN.
I wouldn’t think twice about giving her the Death Penalty
Yup thats all an innocent mans’ life is worth in 2019 America if a woman murders him.
What justice.
I agree.
No doubt. But on what conviction ... murder or manslaughter? We shall see ...
She killed an innocent man. She’s going to prison.
No doubt. But on what conviction ... murder or manslaughter? We shall see ...
If she were anything other than a cop, she would already be convicted and six months into her prison sentence. She likely would have tried to plea bargain, but having such a slam-dunk case, the prosecutor would have insisted on murder.
But she IS a cop, so she will receive far more deference than the citizens she was supposed to “protect and serve”. In fact, I’m surprised she was charged.
Hey, admin ... can you remove post 30? I pasted the wrong text into my response. Thanks.
Only if she was black and the victim was white. She may get off with something less than murder, but she'll be convicted.
She's a cop, she's white, the victim's black. 'Nuff said.
Hit the abuse button if you want their attention
Just because it's a "horrible, horrible tragedy" doesn't mean she shouldn't go to jail. And if she deliberately went against department policy in entering the apartment and shooting the victim then her shooting of the victim was deliberate too, which I believe Texas law requires in a murder case.
She shot an unarmed man sitting on his couch. Where was the threat to her that required the act of self defense?
Where was the threat to her that required the act of self defense?
Which is why I say the Investigators that Publicly Stated they didn’t think a crime was committed should have been Prosecuted as Accessories After the Fact for Capital Murder.
“Kemp also said jurors can consider Texas’ stand your ground law, known as the Castle Doctrine, to decide whether Guyger was within her rights to use force.”
If that logic holds up, then any drunk that stumbles into your house by mistake and falls asleep in your kids’ bed can try to kill you when you wake them up and use that excuse as a defense.
I respectfully disagree.
There is no way she intentionally walked in the guys apartment and shot him dead.
She was likely either tired or drunk or both and went in the apartment. That is about as clear a case of manslaughter as I’ve ever heard about.
A man is dead and she did it. Accident or not, she should go to prison for the full statutory period of time.
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.