Dallas officer enters apartment she mistakes for her own, fatally shoots man inside (1 Viewer)

[guidomerkinsrules]

One thing that I don't think has been mentioned here is that murder is a first degree felony in tExas except that if the defendant can prove she acted under the immediate influence of sudden passion arising from an adequate cause. In which case it is a second degree felony.

Punishments:

1st degree: 5 to 99 years
2nd degree: 2 to 20 years

do those ranges seem kinda insane?

 

[guidomerkinsrules]

also didn't see in the article any indication that she rendered aid
just said she dropped her vest by his head

so from what has been reported it seems most plausible that she shot him
he was still alive
she let him die

 

[JimEverett]

Are you saying then, that it HAS to be some degree of murder? The article says the jury can choose not to indict her, is that them simply laying out the possibilities, or is that in any way, shape or form realistic?

Its possible for the Grand Jury not to indict. But unless the Prosecutor really argues for it (as in the Michael Brown/Ferguson case) its virtually impossible.

And yes, I think the State has to charge her with murder for there to be a realistic chance at conviction. She can then plead to manslaughter of negligent homicide, though.

 

[JimEverett]

also didn't see in the article any indication that she rendered aid
just said she dropped her vest by his head

In one of the warrants it said an [opened/used?] first aid kit was found in the apartment. Although that could be from First Responders.

 

[SigFreudianSlip]

also didn't see in the article any indication that she rendered aid
just said she dropped her vest by his head

so from what has been reported it seems most plausible that she shot him
he was still alive
she let him die

And we both know why she dropped the vest there. Better for her at that point that he die.
Quite simplistic there. Vest drop makes look like she tried. She was pacing on a phone as he died.

I was with a nurse for 6 years, a beautiful soul who when she was on the floor would work on a dying patient for an hour to try and bring em back. I used to ask her why she worked on em so long. She had a rep as never letting go. This lady isn’t like that. My opinion.
And I’m pretty close to Dallas, and the feelings on the ‘ground’ level are that she better not walk away free and clear. I do think that would have its own set of consequences.

 

[SigFreudianSlip]

In one of the warrants it said an [opened/used?] first aid kit was found in the apartment. Although that could be from First Responders.

I can open and make it look like I used a first aid kit. And I can speak here (with more than speculation) as was a medic in the Army 91B. Easy to make it look however you want it to.

 

[44slayer]

Here's where Im at on this. We've had 41 pages of interesting, civil discussion.

The noise complaint, and who made it, is still huge. If she did file it with the apt leasing agent, its not going to be good for her regardless of if you believe her story.

2nd, her parking on the 4th floor, in my eyes, is the biggest support of her story. I just cant imagine parking on the 4th floor unless she did it by mistake. If you were going to confront him, youd park on the 3rd floor and just walk up to his floor. You just wouldn't park your car on another floor. Devils advocate says, she parked on the 4th floor to support her story - but that would mean she pre meditated the entire thing and knew she was going to kill him. I just don't know if I can say I think she planned on killing him before she even got to the apt complex.

But her actions are inexcusable. She had many other options and the bottom line is she killed a man who was just living in his home. For whatever reason, it was a home invasion and a murder. The fact that she is a cop should only make it worse for her, as she is trained in the use of firearms, firearm safety, and responding to a situation. She also shot a man previously while on duty, in what seems to be a justifiable action.

Id like to hear where some of you are at right now with this one. Its such a captivating case for many reasons.

 

[SigFreudianSlip]

Great post 44.

 

[T.P.]

Where I am on the case is that she is absolutely guilty. I think we all can agree on that. I am no attorney so I will leave her type of conviction to the legal minds. The reason and the only reason I posted this new article was for the new info that it revealed. I just find this case very interesting, unfortunately there is a death involved. A very bright and loved individual. Botham Jean had a great future ahead of him that was taken away.

 

[coldseat]

I accept that she went to the wrong apartment thinking it was hers. What I don't accept is any excuse making for what happened afterwards.

She doesn't really get any sympathy from me for being tired. Sorry if that's harsh. I also don't see how she didn't notice the things out of place, like the door mat. I live an apartment and I don't have a doormat in front of it. I would know right away if I was at the wrong apartment if there was a doormat in front of it. It would at the very least make me look around and confirm I'm in the right apartment.

I also don't accept the open door, announce and shoot as being a proper course of action. You don't turn on lights? You don't call for back-up? You don't give the person you think is an thief the chance to surrender? You just say police and shoot? Even if she was there in error, that's to quick to go for your gun and kill somebody you can't even see clearly. I thought you where supposed to at least know who/what you're shooting at?

She is guilty of manslaughter, given what we know and should serve prison time.

 

[44slayer]

It appears the Police Chief in Dallas has the authority to fire Guyger, but has decided to reference laws - which at the moment she couldn't actually reference - to protect her from taking the action she should be taking. Unreal.

"I can’t do that because there are both local, state and federal laws that prohibit me from taking action," Hall said. "There are civil service laws we have to adhere to.”

The Dallas Police Department general orders do allow the chief to take action, saying, "The Chief of Police may circumvent all formal disciplinary procedures to render an immediate decision when it deems it necessary to preserve the integrity of the department.”

The general orders are the policies that officers have to follow and are governed by within the department.

It was unclear what laws chief Hall was referring to, but she promised she would release copies of the laws."

Chief says she can't fire Amber Guyger over Botham Jean. DPD general orders say otherwise

 

[billinms]

The Dallas Police Department general orders do allow the chief to take action, saying, "The Chief of Police may circumvent all formal disciplinary procedures to render an immediate decision when it deems it necessary to preserve the integrity of the department.”

It continues, "But in that this department has no integrity, the question is moot."

 

[guidomerkinsrules]

It appears the Police Chief in Dallas has the authority to fire Guyger, but has decided to reference laws - which at the moment she couldn't actually reference - to protect her from taking the action she should be taking. Unreal.

"I can’t do that because there are both local, state and federal laws that prohibit me from taking action," Hall said. "There are civil service laws we have to adhere to.”

The Dallas Police Department general orders do allow the chief to take action, saying, "The Chief of Police may circumvent all formal disciplinary procedures to render an immediate decision when it deems it necessary to preserve the integrity of the department.”

The general orders are the policies that officers have to follow and are governed by within the department.

It was unclear what laws chief Hall was referring to, but she promised she would release copies of the laws."

Chief says she can't fire Amber Guyger over Botham Jean. DPD general orders say otherwise

i see no discrepancy - retaining a killer is not a blocking concern
cool.cool

 

[SigFreudianSlip]

i see no discrepancy - retaining a killer is not a blocking concern
cool.cool

Convo going on right now between myself and a good friend here. Please excuse my language.
NSFW.
This is the truth. LaMark and I will be heading to Dallas together if this LEO walks. We will be there in unity.

And before I’m misconstrued, I don’t condone any killing I just get that some folks feel cornered and marginalized.

ETA: he’s telling me to be careful.

 

[SigFreudianSlip]

What I posted above is ground level. This is from a good friend who used to work for me and we just hit it off. I’m not stereotyping so don’t label me, LaMark knows well how to carry himself and is very smart....but in my time he’d be referred to as an OG. Like real OG.

Which is to my point of I believe there will be severe consequences if this woman walks free.
Do any of y’all feel there will be as well? Or do you feel it will just go away peacefully?