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court throws out guyer's appeal. no, a cop can't just wander into...

She's her own worst enemy. She admitted everything right from the start. If she had plead guilty and apologized sincerely to the family, she might have gotten a much lighter sentence as plea deals often do.
 
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I watched that case closely, and it was undoubtably a tragic mistake. The chain of events that led to the fatal encounter would make for a preposterous Hollywood screenplay.

This was not George Floyd.
 
She made a series of mistakes that MIGHT have been somewhat forgivable IF she had owned up to them and not tried to hide behind the badge and claim justification.
 
jaF0 said:
She made a series of mistakes that MIGHT have been somewhat forgivable IF she had owned up to them and not tried to hide behind the badge and claim justification.
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After listening to the testimony, it was obvious that "Mistake of Fact" was involved, and that is something any citizen in Teaxs can claim in their defense.

If Amber Guyger believed in her mind that she was entering her own apartment, with the front door already ajar, the smell of MJ in the air, and suddenly confronted by a large man coming towards her and yelling, her police training and the fact that she had her service weapon with her does need to be considered.

The most she should have been charged with is criminally negligent homicide.

Again, she is no Derek Chauvin, and Botham Jean was not handcuffed on the ground. It was a tragic, negligent mistake; not murder.
 
RobDownSouth said:
10 years in prison.
Eligible for release in 2024.
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Yeah, the sentencing corrected the verdict.

I don't blame Amber Guyger for wanting to have the murder label removed from her name though.

Based on all the facts in evidence, criminally negligent homicide would have been the correct charge and verdict.
 
I'm not familiar with this case but based on the posts, this sounds less egregious than vehicular homicide.
 
Lazaran said:
After listening to the testimony, it was obvious that "Mistake of Fact" was involved, and that is something any citizen in Teaxs can claim in their defense.

If Amber Guyger believed in her mind that she was entering her own apartment, with the front door already ajar, the smell of MJ in the air, and suddenly confronted by a large man coming towards her and yelling, her police training and the fact that she had her service weapon with her does need to be considered.

The most she should have been charged with is criminally negligent homicide.

Again, she is no Derek Chauvin, and Botham Jean was not handcuffed on the ground. It was a tragic, negligent mistake; not murder.
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not according to the court... it's a legal term, not the same thing as we'd assume it as laymen. the court's decision and opinion is all laid out if you care to read right through the link i posted in the op. her own testimony negates the legal use of mistake of fact.


unless there's stuff we don't know about regarding some animosity between her and the resident of that apartment, or plans to murder him which were the subject of the phone call, then criminally negligent homicide sounds reasonable. HAving said that, her training should have created a situation where she should have taken cover outside of the apartment and called for backup (which could have allowed her time to realise her 'mistakes') but, instead, she entered the apartment, drew her gun and aimed to kill someone. She either chose to ignore her training or something else was going on chemically/medically in her brain...she makes no claims that i know of that she wasn't able to make rational judgements and asserts she intended to kill the occupant.
 
butters said:
not according to the court... it's a legal term, not the same thing as we'd assume it as laymen. the court's decision and opinion is all laid out if you care to read right through the link i posted in the op. her own testimony negates the legal use of mistake of fact.


unless there's stuff we don't know about regarding some animosity between her and the resident of that apartment, or plans to murder him which were the subject of the phone call, then criminally negligent homicide sounds reasonable. HAving said that, her training should have created a situation where she should have taken cover outside of the apartment and called for backup (which could have allowed her time to realise her 'mistakes') but, instead, she entered the apartment, drew her gun and aimed to kill someone. She either chose to ignore her training or something else was going on chemically/medically in her brain...she makes no claims that i know of that she wasn't able to make rational judgements and asserts she intended to kill the occupant.
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You make a good point about her training and her responsibility as a police officer, so, I'm going to adjust my opinion. I stated that it was less egregious than vehicular homicide. I think the sentence should be equivalent. Unless there is evidence of intentional murder, it's a tragic accident.
 
LincolnDuncan said:
You make a good point about her training and her responsibility as a police officer, so, I'm going to adjust my opinion. I stated that it was less egregious than vehicular homicide. I think the sentence should be equivalent. Unless there is evidence of intentional murder, it's a tragic accident.
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She admitted under oath, which the appeals court pointed out, that she drew her weapon with the intent of killing the guy. That's textbook "premeditation", ergo, murder.
 
George Floyd

Lazaran said:
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I watched that case closely, and it was undoubtably a tragic mistake. The chain of events that led to the fatal encounter would make for a preposterous Hollywood screenplay.

This was not George Floyd.
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George Floyd was not George Floyd. But yes, this one was a tragic mistake.
 
butters said:
someone else's apartment and shoot them dead then claim their own series of "mistakes" (wrong floor, wrong apartment, being distracted by a phone call, entering the door her key fob wouldn't unlock) should mean they get a shorter sentence

https://lawandcrime.com/live-trials...n-for-murdering-botham-jean-in-his-apartment/
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This is a sad case all around ...no one wins here.

I get that mistakes happen and when over worked and tired, they occur even more(been there). With jobs that involve life and death consequencial decision that standard always mist be higher.

It is tragic, because I think she is being sincere and a person is dead so a penalty must be applied and she must accept it.
 
RobDownSouth said:
She admitted under oath, which the appeals court pointed out, that she drew her weapon with the intent of killing the guy. That's textbook "premeditation", ergo, murder.
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What about hands up, don't shoot? Even if she was on duty, drawing her gun also included an opportunity to surrender. I'm not victim blaming, I'm just suggesting that the concept of not drawing your weapon unless you intend to kill is a fallacy.
 
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