Dallas cop shoots man in wrong apartment

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M-Quigley
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Dallas cop shoots man in wrong apartment

Post by M-Quigley »

Female off duty white Dallas cop works a full shift, comes home to what she thinks is her apartment, enters someone elses apartment by mistake, shoots and kills the black male occupant. I mention race only because others in the community are already bringing it up as a factor.
All of the apartments supposedly have a unique electronic key, so you (supposedly) can't enter the wrong apartment. Expect someone with the apartment complex to get sued.

Officer involved was also involved in a justified on duty shooting in 2017.

https://www.whio.com/news/national/dall ... UWvADRo4I/" onclick="window.open(this.href);return false;
Dallas police on Saturday named Amber Guyger, a four-year force veteran, as the off-duty white officer who shot and killed 26-year-old Botham Jean Thursday night.

According to police, Guyger said she returned home in uniform after her shift and entered the wrong apartment, believing it was her own. She called dispatch to report she had shot a man. Jean died later at a hospital. Few other details have been released, although police said they took a blood sample from her for testing.

Jean's mother wondered whether race was a factor in the shooting.

"If it was a white man would it have been different? Would she have reacted differently?" Allison Jean told Dallas' NBC affiliate, KXAS, on Friday.

An attorney for Jean's family, Lee Merritt, said Saturday that an arrest warrant should be issued for Guyger. Dallas police initially said they would seek her arrest but then handed the case over to the Texas Rangers, who asked for more time to investigate.
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Re: Dallas cop shoots man in wrong apartment

Post by Mr. Glock »

I can see entering the wrong apartment (a mistake), but I’m not sure why it wasn’t readily apparent to her that none of the furnishings were hers?
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Re: Dallas cop shoots man in wrong apartment

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This is bizarre:

https://heavy.com/news/2018/09/amber-guyger/" onclick="window.open(this.href);return false;
Dallas Police told Fox 4 News’ Steve Eagar that the officer was on the wrong floor of the apartment building, the South Side Flats, when the shooting occurred. Her apartment was on another floor, Eagar reports. “Her key didn’t work in the door. Shooting happened shortly after resident opened his own door,” he wrote on Twitter. He said she was continuing to try to open the door with her key when the door was opened.
A family member of Jean told St. Lucia Times that he lived in a gated community in Dallas and alleged that “the police officer’s key was found in the lock of the door of the apartment belonging to the deceased, after she tried unsuccessfully to open it.”
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M-Quigley
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Re: Dallas cop shoots man in wrong apartment

Post by M-Quigley »

Chuck wrote:This is bizarre:

https://heavy.com/news/2018/09/amber-guyger/" onclick="window.open(this.href);return false;
Dallas Police told Fox 4 News’ Steve Eagar that the officer was on the wrong floor of the apartment building, the South Side Flats, when the shooting occurred. Her apartment was on another floor, Eagar reports. “Her key didn’t work in the door. Shooting happened shortly after resident opened his own door,” he wrote on Twitter. He said she was continuing to try to open the door with her key when the door was opened.
A family member of Jean told St. Lucia Times that he lived in a gated community in Dallas and alleged that “the police officer’s key was found in the lock of the door of the apartment belonging to the deceased, after she tried unsuccessfully to open it.
So I guess the apartment complex won't be sued then, related to the keys, since she didn't gain entry to the apartment that way. Oh wait, I'm not thinking like an attorney. Who has the deep pockets? The owners of the apartment. The apartment complex will be sued because they didn't provide apartment numbers on the outside of the door so people will know that they are at the wrong apartment. (even though it's on a different floor) :roll:

What's with this comment from the attorney of the deceased's family? Based on what?
“There was at least enough evidence for a charge of manslaughter, and there is likely evidence for even stiffer penalty charges,” Merritt said in a press conference, saying it was “incumbent on law enforcement and the District Attorney’s office” to issue a warrant for the officer’s arrest. Merritt called it “deferential treatment for law enforcement officers,” saying that Jean’s family is very upset. “We ask that they (law enforcement officers) be treated like any other citizen… for an arrest to be made.”
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Re: Dallas cop shoots man in wrong apartment

Post by Gramps »

Fox had the story but I can't find it. I read a day or so back she shot someone else accidentally in a the Fox news story.
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Re: Dallas cop shoots man in wrong apartment

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M-Quigley wrote:What's with this comment from the attorney of the deceased's family? Based on what?
“There was at least enough evidence for a charge of manslaughter, and there is likely evidence for even stiffer penalty charges,” Merritt said in a press conference, saying it was “incumbent on law enforcement and the District Attorney’s office” to issue a warrant for the officer’s arrest. Merritt called it “deferential treatment for law enforcement officers,” saying that Jean’s family is very upset. “We ask that they (law enforcement officers) be treated like any other citizen… for an arrest to be made.”
Well, if she's NOT arrested, it would have a smell about it similar to the case of Officer Johannes Mehserle who shot the prone and handcuffed Oscar Grant in the back. Mehserle was allowed to flee the jurisdiction (and the STATE) as I recall, before public outcry led to his arrest. Then too, there's the case of Officer Anthony Abbate who savagely beat barmaid Carolina Obrycka for refusing to serve him when he was drunk. He was allowed to hide out for days in "rehab" before being arrested WITHOUT being handcuffed.

If that's not "dreferential treatment", I don't know what is.
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Re: Dallas cop shoots man in wrong apartment

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A white Dallas police officer who shot and killed a black man in his apartment after she mistook it for her own has been arrested and charged with manslaughter, authorities said Sunday.

Officer Amber Guyger, 30, was booked into the Kaufman County Jail Sunday evening after Texas Rangers arrested her in connection with the shooting of 26-year-old Botham Jean.
http://www.foxnews.com/us/2018/09/09/da ... ghter.html" onclick="window.open(this.href);return false;
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Re: Dallas cop shoots man in wrong apartment

Post by M-Quigley »

deanimator wrote:
M-Quigley wrote:What's with this comment from the attorney of the deceased's family? Based on what?
“There was at least enough evidence for a charge of manslaughter, and there is likely evidence for even stiffer penalty charges,” Merritt said in a press conference, saying it was “incumbent on law enforcement and the District Attorney’s office” to issue a warrant for the officer’s arrest. Merritt called it “deferential treatment for law enforcement officers,” saying that Jean’s family is very upset. “We ask that they (law enforcement officers) be treated like any other citizen… for an arrest to be made.”
Well, if she's NOT arrested, it would have a smell about it similar to the case of Officer Johannes Mehserle who shot the prone and handcuffed Oscar Grant in the back. Mehserle was allowed to flee the jurisdiction (and the STATE) as I recall, before public outcry led to his arrest. Then too, there's the case of Officer Anthony Abbate who savagely beat barmaid Carolina Obrycka for refusing to serve him when he was drunk. He was allowed to hide out for days in "rehab" before being arrested WITHOUT being handcuffed.

If that's not "dreferential treatment", I don't know what is.
The charge of manslaughter I understand. What was confusing to me was the last part of the sentence, the bolded comment "there is likely evidence for even stiffer penalty charges" before the Texas rangers completed their investigation. What supposed evidence? I know the family would probably feel better right now if the person was charged with murder one (or whatever it's called in Texas) but wouldn't feel very good if the person is acquitted later on because the person was overcharged, as has happened with other cases.
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Re: Dallas cop shoots man in wrong apartment

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M-Quigley wrote:The charge of manslaughter I understand. What was confusing to me was the last part of the sentence, the bolded comment "there is likely evidence for even stiffer penalty charges" before the Texas rangers completed their investigation. What supposed evidence? I know the family would probably feel better right now if the person was charged with murder one (or whatever it's called in Texas) but wouldn't feel very good if the person is acquitted later on because the person was overcharged, as has happened with other cases.
I watched the DA's press conference today and she made it clear several times that while the charge, for now, is manslaughter, it will ultimately be up to the grand jury to determine what charges are appropriate.

Keep in mind that the "likely evidence" comment was made by an attorney representing the family. To a certain extent they have to play up the circumstances in the most favorable light possible for their clients. From my quick study of Texas law it looks like one distinguishing factor between manslaughter and murder is if the accused commits some other felony in the process.

Texas treats forcible entry of habitable premises at night (home invasion) as a very serious offense. Remember that in Texas it's sometimes legal to use deadly force against a person stealing property after dark, to say nothing of forcing your way into his apartment with the intent to assault and kidnap him (also known as arresting without probable cause).

Personally I would not be surprised to see the grand jury return a murder bill with manslaughter being a lesser included offense. I expect the defense will put forth some form of the castle doctrine as a defense, arguing that the defendant had an honest but mistaken belief she was in her own home. That'll no doubt get the anti-SYG crowd riled up. I expect the prosecutor to be loaded for bear, having just notched a very rare victory against another police officer recently. While this will be fascinating to watch play out I feel awful for this young man and his family. His mother was a lot more stoic addressing the media than I would ever be.
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Re: Dallas cop shoots man in wrong apartment

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djthomas wrote: Personally I would not be surprised to see the grand jury return a murder bill with manslaughter being a lesser included offense. I expect the defense will put forth some form of the castle doctrine as a defense, arguing that the defendant had an honest but mistaken belief she was in her own home.
Yep. Supposedly his door was not only unlocked but slightly open, and that's why the door opened fully when she put her key in and pushed.
“She inserted a unique door key, with an electronic chip, into the door key hole,” the affidavit says. “The door, which was slightly ajar prior to Guyger’s arrival, fully opened under the force of the key insertion.”

Once the door opened, Guyger saw Jean across the room. She described him as looking like a large silhouette because it was dark inside. She said she believed he was an intruder.
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Re: Dallas cop shoots man in wrong apartment

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The union will find some reason why the deceased was completely to blame.
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Re: Dallas cop shoots man in wrong apartment

Post by M-Quigley »

DontTreadOnMe wrote:
djthomas wrote: Personally I would not be surprised to see the grand jury return a murder bill with manslaughter being a lesser included offense. I expect the defense will put forth some form of the castle doctrine as a defense, arguing that the defendant had an honest but mistaken belief she was in her own home.
Yep. Supposedly his door was not only unlocked but slightly open, and that's why the door opened fully when she put her key in and pushed.
“She inserted a unique door key, with an electronic chip, into the door key hole,” the affidavit says. “The door, which was slightly ajar prior to Guyger’s arrival, fully opened under the force of the key insertion.”

Once the door opened, Guyger saw Jean across the room. She described him as looking like a large silhouette because it was dark inside. She said she believed he was an intruder.
Here is some additional information regarding the alleged circumstances.

https://www.whio.com/news/national/atto ... 8UvQMxNXI/" onclick="window.open(this.href);return false;
DALLAS — Attorneys for the family of a black man who was shot and killed by a white Dallas police officer who says she mistook his apartment for hers are criticizing an affidavit that gives a narrative of what happened.

The lawyers said the arrest affidavit released Monday contradicts neighbors' accounts. Amid their concerns, though, the district attorney said the case against Amber Guyger will get a hard look by her office and be presented to a grand jury, which could decide on more serious charges than manslaughter in last week's shooting of 26-year-old Botham Jean.

Benjamin Crump, one of the attorneys for Jean's family, said the affidavit "is very self-serving." And Lee Merritt, who is also representing the family, called it an attempt to "condone what happened, give her a break."

The document, prepared by a Texas Ranger, appeared to be based almost entirely on Guyger's account.

Guyger, a four-year veteran of the police force, told investigators that she had just ended a 15-hour shift Thursday when she returned in uniform to the South Side Flats apartment complex. She parked on the fourth floor, instead of the third, where she lived, according to the affidavit, possibly suggesting that she was confused or disoriented.

When she put her key in the apartment door, which was unlocked and slightly ajar, it opened, the affidavit said. Inside, the lights were off, and she saw a figure in the darkness that cast a large silhouette across the room, according to the officer's account.

The officer told police that she concluded her apartment was being burglarized and gave verbal commands to the figure, which ignored them. She then drew her weapon and fired twice, the affidavit said.

She called 911 and, when asked where she was, returned to the front door to see she was in the wrong unit, according to the affidavit. Authorities have not released the 911 tapes.

At a news conference Monday evening, Merritt said two independent witnesses have told him they heard knocking on the door in the hallway before the shooting.

He said one witness reported hearing a woman's voice saying, "Let me in! Let me in!" Then they heard gunshots, after which one witness said she heard a man's voice say, "Oh my God! Why did you do that?"

Merritt said he believes those were Jean's last words.

As for the contention that Jean left his front door ajar, Merritt said Jean was a "meticulous individual" who made it "a point to close the door behind him."

"He put everything in a particular place," Merritt said.

He said Jean had a red doormat outside his apartment door. "In fact, to ensure no one mistook his apartment the way this officer is claiming in this case, he went out and bought the biggest, brightest red rug and placed it right there at his doorstep," Merritt said.
Regarding the above and how factual it might be, there's an old saying, "consider the source." Still, however, it might be true.
Merritt has represented relatives of an unarmed black teenager who was fatally shot in the back by a white police officer in June while fleeing a traffic stop near Pittsburgh.

Crump is best known for representing the families of Trayvon Martin and Michael Brown. Martin, 17, was fatally shot in 2012 in Florida by George Zimmerman, a Hispanic man who was a neighborhood watch captain. Brown, 18, was shot to death in 2014 by a white police officer in Ferguson, Missouri.

"Black people in America have been killed by police in some of the most unbelievable manners," Crump said earlier Monday, citing "driving while black in our cars" and "walking while black in our neighborhoods."

Now, he said, "we are being killed living while black when we are in our apartments."



Protesters gathered at police headquarters Monday night in Dallas, The Dallas Morning News reported. Several dozen blocked traffic as they marched about half a mile from the headquarters. Police fired pepper balls to help control the crowd at one point.

Dallas County District Attorney Faith Johnson said the decision to allow Guyger to surrender somewhere other than Dallas County's jail was made by the Texas Rangers, who are also investigating. She emphasized, though, that her office is conducting its own probe.

"We are committed to making certain that we get to the bottom of (it)," Johnson said.

She will have the option of presenting more serious charges to the grand jury.
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Re: Dallas cop shoots man in wrong apartment

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deanimator wrote:The union will find some reason why the deceased was completely to blame.
Sgt. Mike Mata, president of Dallas’ largest police union, the Dallas Police Association, called Saturday for an “open, transparent and full investigation of the event,” the Dallas Morning News reported.

He described Jean [the victim] as an “amazing individual” and said that “if the grand jury deems necessary, this officer should have to answer for her actions in a court of law in Dallas County.”
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Re: Dallas cop shoots man in wrong apartment

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M-Quigley wrote:
Protesters gathered at police headquarters Monday night in Dallas, The Dallas Morning News reported. Several dozen blocked traffic as they marched about half a mile from the headquarters. Police fired pepper balls to help control the crowd at one point.
She was arrested, with initial charges filed.. what are they protesting already ?
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Re: Dallas cop shoots man in wrong apartment

Post by catfish86 »

Think if this is one of your coworkers that you liked and trusted. That is why another agency has to investigate. At the end of the day, I wonder about the red carpet. How could she have made such a stupid mistake? I feel some sympathy but when your mistakes kill people there are consequences.
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