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Murder of Botham Jean

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Coordinates: 32°46′11″N 96°47′45″W / 32.769592°N 96.795944°W / 32.769592; -96.795944
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"Botham Jean" redirects here. Not to be confused with Jean Botham.

Murder of Botham Jean
The South Side Flats in Dallas, Texas, where the murder occurred.
LocationDallas, Texas, United States
Coordinates32°46′11″N 96°47′45″W / 32.769592°N 96.795944°W / 32.769592; -96.795944
DateSeptember 6, 2018; 6 years ago (2018-09-06)
Attack type
Murder by shooting
VictimBotham Shem Jean
PerpetratorAmber Renée Guyger
VerdictGuilty
ConvictionsMurder
ChargesManslaughter (upgraded to murder)
Sentence10 years in prison

On the night of September 6, 2018, 26-year-old accountant Botham Jean was murdered in Dallas, Texas, by off-duty Dallas Police Department patrol officer Amber Guyger, who entered Jean's apartment and fatally shot him. Guyger, who said that she had entered Jean's apartment believing it was her own and believed Jean to be a burglar,[1][2] was initially charged with manslaughter. The absence of a murder charge led to protests and accusations of racial bias because Jean—an unarmed black man—was killed in his own home by a white off-duty officer who had apparently disregarded police protocols. On November 30, 2018, Guyger was indicted on a charge of murder.[3] On October 1, 2019, she was found guilty of murder and was sentenced to ten years' imprisonment the following day.[4] The ruling was upheld on appeal in 2021.[5]

Murder

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Map
Location of the murder[6]

Botham Jean and Amber Guyger lived in South Side Flats, a four-story apartment complex located at the corner of South Lamar Street and Powhattan Street—two blocks northwest of the headquarters of Dallas Police Department, for which Guyger worked as a patrol officer—in the Cedars district in South Dallas.[7] The floor plans for each level of the building are mostly identical. Guyger's apartment on the third floor (number 1378), in which she had lived for approximately two months by the time of the murder, was located directly below Jean's apartment on the fourth floor (number 1478).[8]

On September 6, 2018, Guyger left work at 9:33 p.m. at the end of a 13.5-hour shift. She drove to the apartment complex, parking her vehicle in the parking garage of the fourth floor at 9:46 pm.[8] At this time, she was speaking over the phone with her partner, who had telephoned her during her journey home, in a conversation which lasted until 9:55 pm.[9] Still armed with a handgun but no longer wearing a body camera, Guyger walked to Jean's apartment, supposedly believing it was her own and failing to notice any signs that she was on the wrong floor, including a distinctive red doormat outside the apartment.[10] Attempting to unlock the door, she noticed it was ajar.[11] She entered the apartment and found Jean, who was sitting in his living room eating ice cream, unarmed.[12][13] Guyger fired her handgun twice at Jean, striking him in the chest.[14] She would later testify that she believed him to be an intruder,[15] and that she feared he would kill her.[16] Guyger telephoned 9-1-1 at 9:59 pm.[17] Jean was taken to a nearby hospital, where he died from his wound. The Texas Rangers investigated the shooting, which led to Guyger's arrest three days later.[18]

Guyger was initially charged with manslaughter, but was later charged with murder.[12] The initial charge of manslaughter and the racial aspect of the shooting resulted in protests in the following days.[12]

The Dallas Police Department placed Guyger on paid administrative leave after the shooting. The department fired her on September 24, 2018.[19]

Victim

[edit]
Botham Jean
Born
Botham Shem Jean

(1991-09-29)September 29, 1991[20]
Castries, Saint Lucia
DiedSeptember 6, 2018(2018-09-06) (aged 26)
Dallas, Texas, U.S.
Cause of deathGunshot wound
OccupationAccountant
Known forMurder victim

Botham Shem Jean, a 26-year-old Black man, was a Harding University alumnus and an accountant for PwC. Jean was born in Saint Lucia.[21]: 1 [22]

Following the shooting, an attorney representing Jean's family accused the Dallas Police Department of attempting to smear Jean's reputation by publicizing a police affidavit showing that police seized 0.368 ounces (10.4 g) of marijuana from Jean's apartment.[23] The lawyers also disputed the account of the incident that Guyger told officials, which was recorded in the arrest warrant affidavit, and asserted that two independent witnesses had come forward to give recollections that conflicted with Guyger's account. An attorney for Jean's family asserted that witnesses claimed to have heard knocking on the door to Jean's apartment and that they had heard a woman's voice saying "Let me in, let me in."[24]

Perpetrator

[edit]
Amber Guyger
Born (1988-08-09) August 9, 1988 (age 36)
Dallas, Texas, U.S.
OccupationFormer police officer
EmployerDallas Police Department
Criminal statusImprisoned
MotiveMistaken identity
Conviction(s)Murder
Criminal penalty10 years in prison
(5 years non-parole)
Details
VictimsBotham Jean (killed)
DateSeptember 6, 2018
WeaponHandgun

Amber Renée Guyger (born August 9, 1988)[25] was 30 years old at the time of the shooting. She had been on the Dallas police force for almost five years.

Criminal trial

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On November 30, 2018, Guyger was indicted on murder charges by a Dallas County grand jury.[26] On September 22, 2019, the day before the trial began, Dallas County District Attorney John Creuzot took part in an interview regarding the trial in spite of a gag order issued by Judge Tammy Kemp in January of that year. After questioning jurors, who reported that they had not seen the interview or other media coverage of the trial, Kemp denied the defense's motion for a mistrial, and sequestered the jury.[27]

Manslaughter charges would have merely required proof of recklessness, while murder charges require proof that the defendant intended to cause either great bodily harm or death (with death resulting).[28] The prosecutors alleged criminal intent for two reasons: firstly, they said her arrival at the wrong apartment (on the wrong floor) was not caused by tiredness, but rather caused by the conversation she had immediately prior with her lover trying to arrange a meeting that night, and secondly that she did not follow standard police protocol of not entering a building with a potential burglar inside and instead calling for backup from the police station, which was only two blocks away.[28]: 1 [29]

On October 1, 2019, Guyger was found guilty of murder.[30] The jury deliberated for six hours to reach the verdict of murder.[28] The jurors also considered the lesser charge of manslaughter.[28] She was the first Dallas police officer to be convicted of murder since the 1973 murder of Santos Rodriguez.[28]

On October 2, 2019, Guyger was sentenced to 10 years in prison after the jury deliberated for an hour.[4] During the sentencing hearing, Jean's mother Allison provided emotional testimony and some of Guyger's text messages and social media posts that were "racist and offensive" were shared.[31] Jean's younger brother Brandt forgave and hugged Guyger during her sentencing. Jean's father Bertrum also stated that he forgave Guyger but had wanted a stiffer sentence. [32][33][34][35]

Guyger's legal bills were paid by the Dallas Police Association, a union which serves Dallas police officers.[36]

On October 16, 2019, Guyger's attorneys filed a notice of appeal requesting a new trial.[37][38] On August 7, 2020, Guyger's attorneys filed an appeal, alleging that insufficient evidence existed to convict her of murder. The appeal sought either an acquittal, or a reduction in charge to criminally negligent homicide with a new hearing for sentencing on the reduced charge.[39] On August 5, 2021, the Fifth Court of Appeals of Texas upheld Guyger's murder conviction, unanimously holding that the jury verdict was reasonable and Guyger's own testimony supported the murder charge.[40][41] On November 17 of that year, the court withdrew its previous opinion, but again upheld her murder conviction using similar reasoning, stating that her defense that she had unknowingly entered the wrong apartment did not justify the lesser charge of criminally negligent homicide.[42][43] Her appeal to the Texas Court of Criminal Appeals, the court of last resort for criminal cases in the state, was denied.[44][45]

Guyger is currently imprisoned in the Patrick O'Daniel Unit (formerly the Mountain View Unit).[46] She was eligible for release in September 2024, after serving half her sentence, although her full sentence runs until September 2029.[47] Guyger was denied parole in October 2024.[48] She will be eligible for release again in 2026.[49]

Controversies involving witnesses

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On January 31, 2019, ABC News reported that a female witness—identified only as "Bunny" — had taken a video of Guyger's actions immediately after the shooting. The witness claimed to have been harassed and threatened by unidentified Internet trolls after providing the video to the Dallas County District Attorney's Office and later posting it on social media.[50]

On October 4, 2019, key prosecution witness and Jean's across-the-hall neighbor, Joshua Brown, was shot and killed in the parking lot[51] of another apartment complex he had moved to, about 5 miles (8.0 km) from where Jean and Guyger had lived.[52][53] Witnesses could not describe the shooter or shooters, only the vehicle they drove.[54]

On October 8, Dallas police announced that they had identified three suspects in Brown's killing and had arrested one of them, and that the suspects were engaged in a drug deal with Brown when he was shot.[55] A search of Brown's apartment yielded 12 pounds (5.4 kg) of marijuana, 5.04 ounces (143 g) of THC cartridges and $4,000 in cash; however, advocates questioned police claims that the three men had traveled 300 miles (480 km) from Alexandria, Louisiana, to purchase drugs from Brown, and an attorney representing Brown's family called for an independent investigation by another agency. Dallas Assistant Police Chief Avery Brown denied that Joshua Brown's death was related to Guyger's trial.[56] A second suspect was arrested the next day,[57] and on December 8, all three men were indicted on charges of capital murder, although one of them remained at large.[58]

Civil trial

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On November 20, 2024, a civil trial jury awarded Jean's family $98.65 million, including about $60 million in punitive damages and $38.6 million in compensatory damages, in a wrongful death claim against Guyger—a figure nearly double what the family sought.[59][60] The family alleged that Dallas police inadequately trained Guyger and also named the city of Dallas as a defendant, but the city was dismissed from the lawsuit, leaving Guyger solely responsible for paying the damages.[60] Guyger initially represented herself but did not appear at trial and declined to provide legal representation.[59][60] The family said it will donate any damages they receive to the Botham Jean Foundation, potentially including the proceeds from any film or book deals made by Guyger.[59] The family acknowledged they are unlikely to receive the full amount.[59]

Memorials

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Dallas Police headquarters in 2021, with updated Botham Jean Blvd. (formerly Lamar St.) sign.

On January 13, 2021, the Dallas City Council unanimously voted to rename approximately 4 miles (6.4 km) of South Lamar Street from Interstate 30 to South Central Expressway (S.M. Wright Freeway) as Botham Jean Boulevard. The street passes Jean's former apartment and Dallas police headquarters.[61]

Texas House Bill 929, known as the Botham Jean Act, mandates that the police are required to keep their body cameras on for the duration of their active participation in an investigation. It also requires that law enforcement policies regarding body cameras include stipulations about collecting the camera, video recording, and audio recording as evidence. The Act took effect in September 2021.[62]

See also

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References

[edit]
  1. ^ "Dallas officer goes home to wrong apartment, kills man inside". Fox 4. September 7, 2018.
  2. ^ Manna, Nichole (September 13, 2018). "Dallas police officer's arrest affidavit contradicts search warrant for victim's apartment". Fort Worth Star-Telegram. Retrieved September 14, 2018.
  3. ^ "Ex-Dallas Police Officer Amber Guyger Indicted On Murder Charge In Killing Of Botham Jean". KERA News. December 1, 2018. Retrieved March 12, 2022.
  4. ^ a b "Victim's brother hugs ex-cop after sentencing in wrong-apartment murder". ABC News.
  5. ^ "Amber Guyger's appeal for rehearing again denied by Texas court". FOX 4. November 18, 2021. Retrieved March 12, 2022.
  6. ^ "Ex-cop's murder trial for shooting neighbor set to start".
  7. ^ "Botham Jean's door was unlocked, lights were off when Officer Amber Guyger mistook his apartment for hers, official says". Dallas News. September 10, 2018. Retrieved March 12, 2022.
  8. ^ a b "Guyger v. State". casetext.com. Retrieved March 12, 2022.
  9. ^ "First day of Amber Guyger's murder trial focuses on her relationship, sexual texts with police partner". Dallas News. September 23, 2019. Retrieved March 12, 2022.
  10. ^ "What we've learned in the Amber Guyger murder trial". wfaa.com. September 26, 2019. Retrieved March 12, 2022.
  11. ^ "Ex-Dallas cop found guilty of murder in neighbor's death". CBS News. October 2019.
  12. ^ a b c Ortiz, Erik; Johnson, Alex (October 2, 2019). "Amber Guyger sentenced to 10 years for murdering neighbor Botham Jean". NBC News. Retrieved October 6, 2019. Guyger is white, and Jean, a native of the island nation of St. Lucia who moved to Dallas for a job with PricewaterhouseCoopers, was black. His death stoked protests, led to Guyger's firing and renewed conversations about police use of force and racial bias.
  13. ^ Allyn, Bobby (October 1, 2019). "Ex-Dallas Officer Who Killed Man In His Own Apartment Is Found Guilty Of Murder". NPR. Retrieved October 6, 2019.
  14. ^ "Amber Guyger found guilty of murder at trial in fatal shooting of neighbor Botham Jean". NBC News. October 2019. Retrieved March 12, 2022.
  15. ^ Martinez, Marina Trahan; Mervosh, Sarah; Eligon, John (October 2, 2019). "Former Dallas Police Officer Is Guilty of Murder for Killing Her Neighbor". The New York Times.
  16. ^ Donaghue, Erin (October 1, 2019). "Ex-Dallas cop found guilty of murder in neighbor's death". CBS. Retrieved October 6, 2019.
  17. ^ Mitchell, Mitch (September 25, 2019). "Lead investigator doesn't believe Amber Guyger's killing of Botham Jean was a crime". Fort Worth Star-Telegram. Retrieved October 15, 2023.
  18. ^ Emily, Jennifer (September 14, 2018). "Evidence Released in Botham Jean Slaying Prompts Allegations of 'Smear Campaign'". The Dallas Morning News. Retrieved October 3, 2019.
  19. ^ "Dallas Officer Fired for Killing Innocent Man in His Own Apartment". BBC News. September 24, 2018. Retrieved October 3, 2019.
  20. ^ "Who is Botham Jean? Dallas man shot by police officer was more than his death". WFAA. September 21, 2019.
  21. ^ Emily, Jennifer; Smith, LaVendrick; Branham, Dana (October 1, 2019). "Amber Guyger convicted of murder for killing Botham Jean; sentencing phase to continue Wednesday". The Dallas Morning News. Archived from the original on October 2, 2019. Retrieved October 2, 2019.
  22. ^ "Jurors in Amber Guyger's murder trial watch officers' desperate efforts to revive Botham Jean". Dallas News. September 24, 2019.
  23. ^ "Dallas police accused of smearing man killed by cop in his own apartment". CBS News. September 14, 2018. Retrieved September 14, 2018.
  24. ^ "Victim's family disputes official account of the moments before Amber Guyger shot Botham Jean". Dallas News. September 10, 2018. Retrieved September 14, 2018.
  25. ^ "Dallas officer faces manslaughter charge in fatal shooting of neighbor". CBS News. September 10, 2018.
  26. ^ "Sources: Fired cop Amber Guyger indicted on a murder charge in Botham Jean killing". WFAA. November 30, 2018. Retrieved November 30, 2018.
  27. ^ "Sources: Dallas County DA spoke about Amber Guyger case on eve of murder trial — much to judge's dismay". Dallas News. September 23, 2019. Retrieved September 23, 2019.
  28. ^ a b c d e Allyn, Bobby (October 1, 2019). "Ex-Dallas Officer Who Killed Man In His Own Apartment Is Found Guilty Of Murder". NPR. Archived from the original on October 1, 2019. Retrieved October 2, 2019.
  29. ^ "Weeping on the stand, Amber Guyger yells 'keep going!' at the lawyer". September 27, 2019. Guyger said she mistakenly thought she had parked on her own level in her apartment building's parking garage. 'I kept thinking I was so lucky' for finding a spot next to the entry door, she said, making it easier to carry her gear into her apartment.
  30. ^ "Amber Guyger found guilty of murder at trial in fatal shooting of neighbor Botham Jean". NBC News. October 2019.
  31. ^ "Amber Guyger sentenced to 10 years for murdering neighbor in his apartment". NBC News. October 3, 2019.
  32. ^ Simon, Darran (October 3, 2019). "Botham Jean's brother hugs the former police officer who killed him". CNN. Retrieved October 4, 2019.
  33. ^ Knowles, Hannah (October 4, 2019). "Amber Guyger was hugged by her victim's brother and a judge, igniting a debate about forgiveness and race". The Washington Post. Retrieved October 4, 2019.
  34. ^ Pengelly, Martin (October 4, 2019). "Botham Jean's father: I forgive Amber Guyger but I wanted stiffer sentence". The Guardian. Retrieved October 4, 2019.
  35. ^ Chappell, Bill; Gonzales, Richard (October 3, 2019). "Brandt Jean's Act Of Grace Toward His Brother's Killer Sparks A Debate Over Forgiving". NPR. Retrieved October 4, 2019.
  36. ^ "Diversity Of Amber Guyger Murder Trial Jury Seen As Key Factor In Conviction". CBS News. October 4, 2019. Retrieved February 21, 2023.
  37. ^ Clarraidge, Emerson (October 22, 2019). "Former Dallas officer Amber Guyger's defense files notice to appeal murder conviction". Fort Worth Star Telegram. Retrieved October 23, 2019.
  38. ^ Jacabo, Julia (October 22, 2019). "Attorney for convicted wrong-apartment shooter Amber Guyger files notice of appeal". NBC News. Retrieved October 23, 2019.
  39. ^ "Attorneys for former Dallas police officer Amber Guyger file appeal in Botham Jean murder case". CNN. August 7, 2020. Retrieved August 10, 2020.
  40. ^ Guyger v. State, No. 05-19-01236-CR (Tex. App. 2021-08-05).
  41. ^ "Appeals court upholds murder conviction of ex-Dallas officer". August 5, 2021. Retrieved August 5, 2021.
  42. ^ Guyger v. State, No. 05-19-01236-CR (Tex. App. 2021-11-17).
  43. ^ Prosser, Maggie (November 18, 2021). "Dallas appeals court again upholds Amber Guyger's conviction for the murder of Botham Jean". The Dallas Morning News. Dallas, Texas. Retrieved November 18, 2021. "That she was mistaken as to Jean's status as a resident in his own apartment or a burglar in hers does not change her mental state from intentional or knowing to criminally negligent," the justices wrote. The justices made a similar statement in their ruling on her first appeal.
  44. ^ Guyger v. State, 653 S.W.3d 123 (Tex. Crim. App. 2022-03-30).
  45. ^ "Court upholds conviction, sentence of Amber Guyger, ex-Dallas officer who murdered Botham Jean". Dallas News. March 30, 2022. Retrieved April 14, 2022.
  46. ^ "Texas Department of Criminal Justice Offender Search". Archived from the original on June 11, 2020. Retrieved June 11, 2020.
  47. ^ Keller, Aaron (August 6, 2021). "Texas Court of Appeals Upholds Ex-Cop Amber Guyger's Conviction for Murdering Botham Jean in His Apartment". Dan Abrams. Retrieved August 7, 2021.
  48. ^ Myers, Doug; Hudson, Giles (October 11, 2024). "Former Dallas police officer Amber Guyger denied parole for Botham Jean murder - CBS Texas". www.cbsnews.com. Retrieved October 13, 2024.
  49. ^ "Ex-Dallas cop Amber Guyger denied parole after serving half of murder sentence". Dallas News. October 10, 2024. Retrieved October 11, 2024.
  50. ^ Jacobo, Julia (January 31, 2019). "Neighbor who filmed wrong apartment shooting aftermath says she's had death threats". ABC News. Retrieved October 6, 2019. Bunny said her employer let her go, explaining that they "didn't want their company associated with a high-profile case."... ABC News could not independently confirm her claims that she was fired, or, if so, why.
  51. ^ "Joshua Brown, Prosecution Witness In Amber Guyger Murder Trial, Fatally Shot At Dallas Apartment Complex". CBS News. October 5, 2019. Retrieved October 6, 2019.
  52. ^ Wagtendonk, Anya van (October 6, 2019). "Joshua Brown, a key witness in the murder trial against Amber Guyger, was fatally shot". Vox.
  53. ^ Dwilson, Stephanie Dube (October 6, 2019). "Joshua Brown Shot About 5 Miles from South Side Flats, Where Botham Jean Lived".
  54. ^ "Witness in Guyger Trial Shot, Killed Friday Night". NBC 5 Dallas-Fort Worth. KXAS-TV. October 7, 2019. Retrieved January 18, 2021.
  55. ^ Allyn, Bobby (October 8, 2019). "Dallas Police: Key Witness In Guyger Trial Was Killed In Drug Deal That Turned Deadly". Washington DC: NPR. Retrieved October 8, 2019.
  56. ^ Shammas, Brittany; Thebault, Reis (October 8, 2019). "Police name suspects, deny wrongdoing in death of Amber Guyger witness Joshua Brown". The Washington Post. Retrieved May 25, 2020.
  57. ^ "Second arrest made in murder of witness in Amber Guyger murder trial". NBC News. October 9, 2019.
  58. ^ "3 men indicted on capital murder charges in slaying of Joshua Brown, witness in Amber Guyger's trial". Dallas News. December 8, 2019.
  59. ^ a b c d Robb, Shaun (November 20, 2024). "Botham Jean's family awarded nearly $100M in civil wrongful death case". Dallas, Texas: KDFW. Retrieved November 22, 2024.
  60. ^ a b c Snyder, Rachel; Sullivan, Cole (November 20, 2024). "Amber Guyger ordered to pay Botham Jean's family more than $98M in damages in civil case". Dallas, Texas: WFAA. Retrieved November 22, 2024.
  61. ^ Bailey, Everton Jr. (January 13, 2021). "Dallas City Council approves renaming street in memory of Botham Jean". The Dallas Morning News. Dallas, Texas. Retrieved January 14, 2021.
  62. ^ "87(R) HB 929 - House Committee Report version - Bill Text". capitol.texas.gov. Retrieved October 11, 2024.
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