New reports reveal Dallas police officer Amber Guyger's affidavit contradicts the accounts of witnesses who were nearby when she shot 26-year-old Botham Jean in his apartment.
According to the Associated Press, Guyger claimed the victim refused to follow her commands when she entered his apartment, allegedly believing it was her own in last Thursday's shooting.
The affidavit released this week states Guyger got home from her shift around 10 p.m. She parked on the fourth-floor parking garage and went to Jean's apartment.
“She inserted a unique door key, with an electronic chip, into the door keyhole,” the affidavit read. “The door, which was slightly ajar prior to Guyger’s arrival, fully opened under the force of the key insertion.”
The Star-Telegram reports she went into the apartment, saw Jean and believed he was an intruder in her unit. At the time, the lights were off and she only saw a silhouette.
“Guyger drew her firearm, gave verbal commands that were ignored by Jean,” the affidavit says. “As a result, Guyger fired her handgun two times striking (Jean) one time in the torso.”
Then, she turned on the lights revealing Jean. The off-duty officer called 911 when she finally discovered she was in the wrong apartment.
Attorney Lee Merritt, who represents the family of the victim, said there were two witnesses who overheard the events unfold.
“One happened to be in a quiet room reading a book so she was in the best position to hear things,” Merritt said. “She heard pounding at the door. The other one [witness] was in the living room [of her own apartment] watching TV. She also heard the same pounding at the door.”
“Let me in! Let me in!” the witnesses claim they heard. They said they then heard gunshots, after which one witness stated she heard Jean’s voice ask, “Oh my God! Why did you do that?”
Merritt said those words are believed to be Jean's last.
The AP reported Guyger's apartment was below Jean's and looked similar due to the familiar layouts and exterior hallways.
In the days following the shooting, nearly 200 protesters took to streets to demand justice for the victim.
Protest for Botham Jean is now walking in traffic down Cadiz Street. Activists are not happy with DPD trying to get in way of protest walk pic.twitter.com/JY1uD0njJ4
— Cassandra Jaramillo (@cassandrajar) September 11, 2018
“Not only at the front of his door [the red rug outside] but all around his apartment. This is his apartment, this wasn’t her apartment,” Merritt said. “There wouldn’t be the same smell. There wouldn’t be the same furniture. There wouldn’t be the same lighting patterns. There would’ve been a number of identifying markers to alert her including the absence of her dog.”
"There is really no reason why a mother should have to wait until the conclusion of an investigation to know what happened to her child," said said Daryl Washington, another member of the family's legal team.
A neighbor also pointed that a distinctive red mat laid in front of Jean's door.
Please notice the bright red mat in front of Bo’s door. But she didn’t realize she was at the wrong door??? Really?? #really
I am his next door neighbor, I was home Thursday night and I heard everything. I took this photo yesterday. #bothemshemjean
#justiceforbo
#BothamJean
pic.twitter.com/bcLwMt8XdG— Alyssa Kinsey (@AlyssaKinsey8) September 9, 2018
Guyger has been charged with manslaughter and was released from jail on Sunday after posting a $300,000 bond, reports the Star-Telegram.
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