Former police officer Amber Guyger, who is serving a 10-year sentence for killing her neighbor in Dallas, is asking to be acquitted of murder or acquitted and charged with the lesser crime of criminally negligent homicide.
According to CBS News, Guyger defended herself in the appeal, saying she "had the right to act in deadly force" because she believed Botham Jean was an intruder.
As Blavity previously reported, the 32-year-old white woman entered the wrong apartment on September 6, 2018, and killed Jean, an unarmed Black man who was watching TV in his own home. Guyger said she was coming home from a long day at work when she mistakenly entered Jean's apartment, which was directly above hers. But the court sentenced the former Dallas officer to prison, saying her mistake was "not reasonable."
In the latest appeal, Guyger's attorneys said the original evidence "was legally insufficient to prove beyond reasonable doubt that Guyger committed murder."
"Her mistaken belief negated the culpability for 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 was reasonable under the circumstances," the appeal states.
Guyger seemingly overlooked the differences that would have led her to realize she was in the wrong apartment. Not only did a red doormat sit outside of his apartment, but the key lock had also been blinking red as she tried to open the wrong door, according to CBS. However, the defendant blamed the "malfunction" on Jean's door and the "absurd design" of the apartment building. According to the defense lawyers, 71 people who lived on Guyger's and Jean's floors said they had accidentally walked to the wrong apartment.
"Despite the tragic consequences, considering all the evidence — whether admissible or inadmissible … Guyger acted reasonably," the appeal states.
Guyger is also accused of not doing enough to help Jean after he was shot. Prosecutors said she was more concerned about herself, telling the 911 operator that she was going to lose her job.
According to USA Today, if Guyger now gets her wish, a lesser crime of negligent homicide would carry a maximum sentence of two years in jail.
Jean's brother, Brandt, had forgiven the white officer, as Blavity previously reported.
"I love you just like anyone else and I'm not going to hope you rot and die," Brandt told Guyger during her sentencing hearing. "I personally want the best for you. I wasn't going to say this in front of my family, I don't even want you to go to jail. I want the best for you because I know that's exactly what Botham would want for you. Give your life to Christ. I think giving your life to Christ is the best thing Botham would want for you."
***An image that needs to be seen around the world***
A young man forgives his brother's killer in court. Amber Guyger was convicted of murder and sentenced to 10 years. The former Dallas officer shot and killed Botham Jean in his own apartment thinking he was an intruder. @wfaa
pic.twitter.com/25ecJ9ad7S— Jobin Panicker (@jobinpnews) October 2, 2019
Now, Jean's family has released a statement, saying they are disappointed with the appeal.
"After admitting her crime and asking Botham Jean's family for mercy — Guyger's actions in filing this appeal reflect someone who is not repentant, but instead was hoping to play on the families sympathies at the time that they were most vulnerable," S. Lee Merritt, attorney for the Jean family, said in a statement, according to CNN.
Jean was working as an accountant before he died. The 26-year-old planned to return to his native home, St. Lucia, to become a prime minister.