Amber Guyger, the police officer who killed Botham Jean in his own residence, can have her enchantment heard subsequent week.
In accordance with CBS in Dallas, Guyger’s enchantment argues she killed Jean by misake and that her conviction mustn’t have been homicide, however criminally negligent murder. If her enchantment goes by way of, the sentence for criminally negligent murder is six months or as much as 2 years in state jail.
In September of 2018, Guyger entered Jean’s residence in Dallas, Texas and shot him to dying whereas he was consuming ice cream on his sofa. Throughout her trial, she testified that she thought she had entered her personal residence within the advanced the place they each lived, and due to this fact “had the correct to behave in lethal pressure.”
Within the new enchantment, which was filed in August of 2020, Guyger’s attorneys argue that the proof initially submitted within the case “was legally inadequate to show past affordable doubt that Guyger dedicated homicide.”
They declare Guyger was confused about the place she was in her residence advanced since each the third and fourth flooring the place her and Jean’s flats had been situated look similar.
“Her mistaken perception negated the culpability for homicide as a result of though she deliberately and knowingly prompted Jean’s dying, she had the correct to behave in lethal pressure in self-defense since her perception that lethal pressure was instantly obligatory was affordable underneath the circumstances,” the enchantment reads.
Guyger had each a taser and pepper spray on her together with the gun she used to kill Jean. Her legal professionals argue although that officers should not educated to make use of the non-lethal weapons “when confronted with a lethal state of affairs.”
“Regardless of the tragic penalties, contemplating all of the proof — whether or not admissible or inadmissible … Guyger acted moderately,” the enchantment reads, claiming Guyger “merely missed” the clues she was getting into the incorrect residence.
In the course of the trial, Guyger’s attorneys argued that Jean’s dying occurred because of the “malfunction” on his door and the “absurd design” and incompetent administration” of the residence constructing.
Amber Guyger has been in jail since October of 2019.