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."
Now we wait for the jury to reach their decision.
It shouldn’t take long....................
She killed an innocent man.
She’s going to prison.
For later....
must prove beyond a reasonable doubt that the defendant wasn’t acting in self-defense.
Sounds like an impossibility to me, since she Went into Someone else home with her Gun Drawn and Murdered the Occupant who happened to live there.
They should have Arrested and Prosecuted the Investigators that “Saw no Crime” as accessories after the fact to Capital Murder.
Let’s see, was the door unlocked? How’d ah get in? Sp if it was unlocked she should have known something was amiss.
Was the furniture different? Why yes.
guilty
I thought I read somewhere that the 12 jurors include 5 blacks and 5 Hispanics. I’m guessing a hung jury is the best she can expect from this ... followed by a retrial on manslaughter instead of murder charges (if that’s even allowed under Texas law).
The door was ajar. Brought up during the trial that the door had problem closing.
My prediction:
Guilty of the lesser charge of Manslaughter. Sentencing will be 5 years. Out in 2.
I do not know what they will charge her with, but she SHOULD serve at least 5-8 years in prison.
It shouldn’t take long....................
_________________________________________
Especially since the jurors were sequestered.
Deliberations should take maybe 15 minutes. They will be home in time for supper.
They’ve been at it over 2 hours...
I predict manslaughter.
Even if she actually believed she was in danger, she made a tragically fatal mistake................
Really?
They must be divided between Murder or Manslaughter.
In a case like this, the defendant’s testimony is self-serving by definition and is unsupported by any other evidence, which means it is worthless to a juror considering the charges.
He coming off as an absolute moron on the stand is going to help her case.
I would think walking into someone else's apartment uninvited and unannounced would take "self-defense" off the table.
No one but her believes her story. But since she is a policewoman she will walk.
She wanted it both ways. Says she drew her gun because of police training. Did not follow her police training to call for back up
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