Amber Guyger To Continue Serving 10-Year Prison Sentence For Botham Jean's Killing After Failed Appeal
The court said there is enough evidence to convict the former Dallas officer.
August 06, 2021 at 4:42 pm
A panel of three judges in Texas upheld the murder conviction of former Dallas police officer Amber Guyger who was sentenced to prison for fatally shooting her neighbor Botham Jean in his home in 2018. In its ruling on Thursday, the Texas appeals court said there is sufficient evidence to convict Guyger, CBS News reported.
"The evidence is undisputed that Guyger intended the result of her conduct or acted knowingly with respect to the result of her conduct because she testified she intended to shoot and kill Jean. 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 court stated.
A court upheld the murder conviction of Amber Guyger, the Dallas ex-cop who killed Botham Jean as he was eating ice cream in his home.— AJ+ (@ajplus) August 6, 2021
She claimed the 2018 shooting was "reasonable," saying she mistook his apartment for hers, and wanted her 10-year sentence reduced to 2 years pic.twitter.com/2MJDdbKpSn
The former police officer, who turns 33 on Monday, will continue to serve her 10-year prison sentence after coming up short in her effort to overturn the 2019 conviction.
As Blavity previously reported, Guyger entered Jean's apartment on Sept. 6, 2018, and shot him while he was watching TV. After being convicted for his death, the 32-year-old appealed to have her sentence overturned, saying she "had the right to act in deadly force" because she believed Jean was an intruder in her apartment.
"Despite the tragic consequences, considering all the evidence — whether admissible or inadmissible ... Guyger acted reasonably," the appeal stated, as Blavity previously reported.
A Dallas County prosecutor, however, said the officer’s error in judgment was not reasonable and she acknowledged having the intent to kill the 26-year-old man.
“Murder is a result-oriented offense," prosecutors said.
Guyger has been asking the court to throw out her conviction or to be sentenced on a lesser charge of negligent homicide. But her attorneys will need to file another appeal after the court's latest ruling, NBCDFW reported.
Adding to the evidence against the 32-year-old during the trial, prosecutors said she was more concerned about texting her partner after shooting Jean.
“She should’ve been giving 100% of her attention to that man,” prosecutor Jason Hermus said, according to WFAA.
Prosecutor also added that Guyger missed several clues when she was walking down the hallway before entering the wrong apartment. The clues she was expected to notice included Jean’s red doormat and the smell of marijuana in his home. In addition, the door was unlocked while Jean was on the couch eating ice cream and watching TV.
Guyger can be eligible for parole as soon as 2024.