Cop Enters Wrong Apartment, kills Neighbor - No Charges

Her first reaction you hear on the phone is her being concerned for Botham Jean’s welfare and asking for EMS. Her first concerns were for him.

Not sure where you getting that anyone’s concern was for her.

“I’m gonna lose my job.”

Who in the hell says that out loud after shooting someone?

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as long as the exact same people say "black girl accidentally shoots white man in his own home…first reaction: “Oh, i hope she’s okay” i guess they’re consistent.

not loving or fair or concerned about the dying man on the floor, but consistent.

in my experience, i don’t see much of that consistency.

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She’s been charged with murder. She’s a slam dunk for manslaughter but I don’t think a jury will convict her of murder.

That’s probably comforting to the family of the dead man.

The family is seeking their comfort through a lawsuit on the City of Dallas and Guyger.
The longer Guyger stays in prison, the less they can collect from her.

Justice for the victim’s family.

So is this murder in second degree ?

Not sure. The verdict was “guilty as charged”. Max sentence is life in prison.

Texas does not have degrees of murder, per se.

They have murder, and capital murder.

Holy ■■■■ , a cop was found guilty! lol

What’s the difference ?

I am asking because i thought murder in first degree had to be premeditated, which this obviously was not

Here’s the text of the statute:

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.19.htm

Texas doesn’t really differentiate premeditated murder, although they do allow an affirmative “act of passion” with “adequate cause” as a sentencing factor.

Sec. 19.02. MURDER. (a) In this section:

(1) “Adequate cause” means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.

(2) “Sudden passion” means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.

(b) A person commits an offense if he:

(1) intentionally or knowingly causes the death of an individual;

(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or

(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

(c ) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.

(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.

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Thanks

We also have manslaughter which was the lesser included charge.

They found her guilty of Murder and appropriately so and she’s now facing 5-99 years.

The lack of malice or any sort of prior intent will most likely have her serving somewhere between 10-20 years.

The Sentencing phase will be a lot more charged than the guilt/innocence phase since there is such a broad range of penalties available.

As predicted.

The judge has allowed her texts be shown to the jury. There is a lot of smart ass - “be glad I don’t shoot you” stuff in them.
I think they’ll throw the book at her- I predict 40 years.

I’ll seriously be surprised if she gets more than 20. There was a complete lack of malice and apparently the Jury bought her “I just walked into the wrong apartment” story, which I do believe.

Her atty really screwed the pooch by letting her take the stand and by not preparing her properly.

She literally hung herself when she was asked directly if she intended to kill him when she shot him center mass.

“Yes” is never the right answer and even a rookie atty should have known to have her answer, “I simply wanted to stop him and we are trained to shoot center mass”, which is absolutely true in almost every case except premeditated murder.

Absent that admission she’d probably be looking at manslaughter.

I still don’t know what to make of this, or what the correct punishment is. Such a bizarre story.

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I think she’ll get a new trial on appeal- based on the judge’s denial of a change of venue.
The word had already gone out before the trial started that Dallas would burn if she was acquitted of murder.
It would have been very difficult to select anything but a hanging jury in Dallas.