Amber Guyger, the police officer who killed Botham Jean in his own residence, may have her attraction heard subsequent week.
In keeping with CBS in Dallas, Guyger’s attraction argues she killed Jean by misake and that her conviction shouldn’t have been homicide, however criminally negligent murder. If her attraction goes via, the sentence for criminally negligent murder is six months or up to 2 years in state jail.
In September of 2018, Guyger entered Jean’s house in Dallas, Texas and shot him to death whereas he was consuming ice cream on his sofa. Throughout her trial, she testified that she thought she had entered her personal house within the advanced the place they each lived, and due to this fact “had the suitable to behave in lethal power.”
Within the new attraction, 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 house advanced since each the third and fourth flooring the place her and Jean’s residences had been positioned look equivalent.
“Her mistaken perception negated the culpability for homicide as a result of though she deliberately and knowingly prompted Jean’s loss of life, she had the suitable to behave in lethal power in self-defense since her perception that lethal power was instantly essential was affordable below the circumstances,” the attraction reads.
Guyger had each a taser and pepper spray on her together with the gun she used to kill Jean. Her attorneys argue although that officers will not be 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 attraction reads, claiming Guyger “merely missed” the clues she was coming into the incorrect house.
Throughout the trial, Guyger’s attorneys argued that Jean’s loss of life occurred because of the “malfunction” on his door and the “absurd design” and incompetent administration” of the house constructing.
Amber Guyger has been in jail since October of 2019.