Amber Guyger Biography – Amber Guyger Wiki
Amber Guyger, the former Dallas police officer sentenced to 10 years in prison last year for the 2018 shooting death of her upstairs neighbor, has filed an appeal to get her conviction overturned, according to reports.
Attorneys for Amber Guyger, a white former Dallas police officer, filed an appeal this week to overturn her murder conviction in the shooting of Botham Jean, her Black unarmed neighbor, inside his home.
Guyger is serving a 10-year prison sentence for the September 2018 fatal killing. She testified in court that she mistook Jean for an intruder when she mistakenly entered his apartment, thinking it was her own, after a long shift at work. Guyger, 31, was in uniform at the time but was off-duty and shot Jean with a service weapon. Jean was eating a bowl of ice cream when he was killed.
According to authorities, Guyger entered the Dallas apartment of neighbor Botham Jean, 26, and fatally shot him in September 2018. Guyger claimed she entered the apartment by mistake, thinking it was her own residence and fired at Jean because she thought he had broken into the apartment.
Guyger was fired by the Dallas Police Department after the shooting, the Dallas Morning News reported.
In the appeal, filed with the 5th Texas Court of Appeals, Guyger’s attorneys ask the Dallas-based court to overturn her murder conviction and ordered new sentencing and trial or replace it with a conviction for criminally negligent homicide, which would carry a maximum punishment of two years in jail, the Associated Press reports.
In the appeal, Guyger’s lawyers wrote:
“The evidence was legally insufficient to prove beyond a reasonable doubt that Guyger committed the murder because (1) through mistake, Guyger formed a reasonable [belief] about a matter of fact – that she entered her apartment and there was an intruder inside – and (2) her mistaken belief negated the culpability of murder because although she intentionally and knowingly caused Jean’s death, she had the right to act in deadly force in self-defense since her belief that deadly force was immediately necessary [and] was reasonable under the circumstances.”
Guyger’s defense team had argued that Guyger was mistaken about which apartment she entered because the layout of her floor and that of Jean’s floor were identical and he lived in the apartment directly above her.
She had also just finished a long shift at work, making fatigue a possible factor in her mistake, defense lawyers had claimed during the trial.
Of 71 tenants interviewed, 44% said they had entered the wrong apartment on the wrong floor and 23% said had gone to the wrong floor and tried to use their key to enter the wrong apartment, court documents say, according to the newspaper.
Prosecutors argued that Jean had been eating a bowl of ice cream inside his apartment when Guyger entered, negating her claim that he appeared to pose a threat to her.
After Guyger was sentenced last year, Jean’s brother, Brandt Jean, said he forgave her for the shooting, hoped she would devote her life to Christ, then asked the judge if he could give Guyger a hug.
The judge agreed and Jean’s brother and Guyger embraced in the courtroom.