Posted on Sep 14, 2018
Video shows Dallas Officer Amber Guyger getting booked after killing neighbor
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Did you hear the one about the Dallas police officer who walks into a man’s apartment, shoots and kills him, and then goes, “Oh... this isn’t MY apartment” ???
Video shows Dallas Officer Amber Guyger getting booked after killing neighbor
Posted from cbsnews.com
Dallas
Police
Death
Murder
Posted >1 y ago
Responses: 2
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For all of those talking about the level of the charge (Hoffman's blocked me, so I can't respond directly), let me clarify it for you, at least as to Texas law.
For Patricia Overmeyer - the officer has been charged with Manslaughter, which is already a 2nd degree felony (2-20 years), and is reckless killing. That doesn't really fit, because she intentionally pulled the trigger, which would make it murder. And for David, all murder in Texas are 1st degree felonies (5-99 years or life). If you kill multiple people, or a cop, or certain other situations, then it becomes a capital murder (life or death).
It also wasn't the second floor. The officer lived on the 3rd floor, the victim on the 4th floor.
For Patricia Overmeyer - the officer has been charged with Manslaughter, which is already a 2nd degree felony (2-20 years), and is reckless killing. That doesn't really fit, because she intentionally pulled the trigger, which would make it murder. And for David, all murder in Texas are 1st degree felonies (5-99 years or life). If you kill multiple people, or a cop, or certain other situations, then it becomes a capital murder (life or death).
It also wasn't the second floor. The officer lived on the 3rd floor, the victim on the 4th floor.
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Patricia Overmeyer
Reading the Texas statutes, there are two types of charges: murder and manslaughter. Murder is divided into capital murder, for which one may receive the death penalty, and murder for which one may receive life in prison. There are also a couple of other factors regarding enhancement, etc. Manslaughter is simply manslaughter but enhancements can be used to increase the sentence. The way I'm looking at the statutes, she should be charged with what is commonly known as 2nd degree murder and not manslaughter.
From the Dallas News: "Authorities say Guyger, who lives directly below Jean, shot and killed him around 10 p.m. Sept. 6 after she says she drove to the wrong level of the parking garage and mistook his apartment for her own. Guyger told police that the door was ajar and that she thought Jean was an intruder." First she said that the door was closed and she opened it with her key. Then she claims the door was ajar. However, there have been videos made by other apartment dwellers that the doors automatically shut and you can't keep them ajar. Just way too many versions of the event.
From the Dallas News: "Authorities say Guyger, who lives directly below Jean, shot and killed him around 10 p.m. Sept. 6 after she says she drove to the wrong level of the parking garage and mistook his apartment for her own. Guyger told police that the door was ajar and that she thought Jean was an intruder." First she said that the door was closed and she opened it with her key. Then she claims the door was ajar. However, there have been videos made by other apartment dwellers that the doors automatically shut and you can't keep them ajar. Just way too many versions of the event.
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Capt Gregory Prickett
Patricia Overmeyer - OK that's not entirely correct, but close. To clear it up, these are the types of criminal homicide in Texas.
Sec. 19.02 Murder, 1st deg. felony, punishable by 5-99 years in prison or life, may include a $10K fine. That may be reduced to a 2nd deg. felony, punishable by 2-20 years and up to a $10K fine if the murder arose out of "sudden passion." Case law basically limits the later, and ""a bare claim of 'fear'" does not demonstrate "sudden passion arising from adequate cause." Griffin v. State, 461 S.W.3d 188, 194 (Tex. App--Houston [1st Dist.], 2014, no pet.) (citing Daniels v. State, 645 S.W.2d 459, 460 (Tex. Crim. App., 1983)). This is not going to be a reduced penalty if she is convicted of murder.
Sec. 19.03 Capital Murder, a capital felony, is not really at play here, as none of the nine enhancing factors are present.
Sec. 19.04 Manslaughter, 2nd deg. felony, causes death by being reckless, which is not really the case here. The officer intentionally fired her gun, it wasn't a reckless act. There are no enhancements for manslaughter.
Sec. 19.05 Criminally Negligent Homicide, State Jail Felony, up to 2 years in a state jail and up to a $10K fine, if the death is caused by the criminal negligence of the actor. Again, it doesn't cover an intentional act.
Sec. 19.02 Murder, 1st deg. felony, punishable by 5-99 years in prison or life, may include a $10K fine. That may be reduced to a 2nd deg. felony, punishable by 2-20 years and up to a $10K fine if the murder arose out of "sudden passion." Case law basically limits the later, and ""a bare claim of 'fear'" does not demonstrate "sudden passion arising from adequate cause." Griffin v. State, 461 S.W.3d 188, 194 (Tex. App--Houston [1st Dist.], 2014, no pet.) (citing Daniels v. State, 645 S.W.2d 459, 460 (Tex. Crim. App., 1983)). This is not going to be a reduced penalty if she is convicted of murder.
Sec. 19.03 Capital Murder, a capital felony, is not really at play here, as none of the nine enhancing factors are present.
Sec. 19.04 Manslaughter, 2nd deg. felony, causes death by being reckless, which is not really the case here. The officer intentionally fired her gun, it wasn't a reckless act. There are no enhancements for manslaughter.
Sec. 19.05 Criminally Negligent Homicide, State Jail Felony, up to 2 years in a state jail and up to a $10K fine, if the death is caused by the criminal negligence of the actor. Again, it doesn't cover an intentional act.
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SGT Tomas "Huey" Husted
Capt Gregory Prickett So basically your saying she should be tried on 1st degree murder charge? I can foresee a possible charge of venue as well.
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Capt Gregory Prickett
SGT Tomas "Huey" Husted - Murder is the offense that fits the facts. It was not reckless, she intentionally fired her pistol, it wasn't a reckless act. And I'm not the only lawyer that has said this, see https://www.dallasnews.com/news/courts/2018/09/11/dallas-officercharged-manslaughter-not-murder-killing-botham-jean
Murder charge, not manslaughter, best fits Botham Jean case because Dallas officer intended to...
A grand jury will ultimately decided whether a Dallas police officer should be charged with murder or manslaughter — or nothing at all — for...
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