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They were neighbors who did not know each other, lived on one floor in the same apartment complex in Dallas and were dedicated to their careers.
Amber Guyger had been part of the city police for four years. She had started her patrol and had been assigned to an elite crime team that was conducting high-risk arrests.
Botham Jean, a 26-year-old accountant from the island nation of St. Lucia, moved to Bo's home and called Texas home after being hired by a prestigious firm.
On September 6, 2018, shortly before 10 pm, their names would become inextricably linked when Guyger, who was on duty but in uniform, entered John's apartment and killed him with a fatal bullet. She then told the investigators that she had confused her unit with his and had mistaken for a burglar after seeing a "tall figure" in the dark.
John's death led to demonstrations, the dismissal of Guyger and an indictment before a grand jury for murder. It has also revived discussions about racial prejudice, the use of force by the police, and concerns that law-abiding citizens are not safe, even at home.
Today, more than a year after the shooting, the opening statement of the case against Guyger, 31, must be released Monday under the cloud of unanswered questions and the weight of a community who is asked to trust the judicial system.
"I think a lot of jurors tend to give the benefit of the doubt to the police, but will the jury accept that she made a reasonable mistake?" Kenneth Williams, a professor of criminal law at the South Texas College of Law in Houston, asked. "If there is an acquittal, I think there will be a lot of indignation in the community." There will be a sense that the police will come out with no matter what. what – even against a person sitting in his own apartment, obeying the law. "
A defense of mistake of fact
The lawyers in the case were not able to speak in public after District Judge Tammy Kemp issued a gag order in January.
The prosecution could focus on Guyger's mental state the night of the shot and on his ability to prevent the chain of events from killing, said Amber Baylor, associate professor and director of the clinic. Criminal Defense At Texas A & M Law School.
"A self-defense claim is also centered on how a reasonable person would have acted – and the prosecution will want to distinguish Guyger's reaction from that of a reasonable person in his place," Baylor said.
Although Guyger's defense arguments are unclear, the legal experts say his case will likely depend on the jury's conviction that John's death is an error without any criminal intent.
Williams stated that the use of a defense of "mistake of fact" in Texan law was not unusual and that a jury had to analyze the evidence and testimony in order to determine whether Guyger had made a reasonable mistake while she thought she had killed an intruder in his home. his own home and to exercise his right of self-defense.
Alex Piquero, a criminologist at the University of Texas in Dallas, said the prosecution could probably argue that she needed to know where she was and that she should be held responsible and punished accordingly. The judge may ask jurors to consider murder, which carries a maximum penalty of life imprisonment or a less serious charge.
"Of course, everyone knows what has been reported in the press, so it's unknown and uncertain not just what each lawyer has to hammer to plead his guilt about Guyger's guilt, but especially how 12 jurors will interpret this evidence, will train them to see what happened during the tragic event, and then if they can agree on specific charges, "said Piquero.
Revelations at trial
The court documents and arrest warrants gave an idea of what prompted Guyger to pull the trigger.
Guyger had returned home to the South Side Flats complex after a long day of work and had parked on the wrong floor of the garage, descending to the fourth floor instead of the third.
When she arrived in what she thought was her apartment, she said, she tried to insert her dongle, but the door was opened. She entered the dark unit and met Jean, unsheathing his gun and firing twice, the affidavit of his arrest stated.
Guyger told investigators that the person "had not followed" his verbal orders before opening fire with his service weapon.
According to legal observers, some of the deficiencies in the case should be filled during the trial, including what Guyger could have said to Jean and the exact number of hours worked. The reports vary depending on whether his work lasted 12 or 15 hours.
It is also unclear what Guyger could have done between his work and his return home. Blood and alcohol tests that were taken from him the night of the shootings could be added to the file.
Baylor said that Guyger's experience in law enforcement is open to scrutiny, but that it will be up to the judge to decide what evidence or background information about his work will be eligible for trial.
"It is true that defense teams have used the officers' work experience to justify quick decision-making in potentially dangerous or unstable situations," Baylor said. "One could also argue that an officer is trained to assess the situation more carefully than a civilian and to defuse unstable situations."
Also unanswered, Guyger could have been mistaken in Jean's apartment, located just above his own, and enter it inside. According to reports, Jean's unit had a red carpet in front of the front door. And while Guyger said she was able to push the door, a lawyer representing the Jean family in a federal civil trial said earlier this year that two independent witnesses claimed that before the shooting, they had heard knocking at the door of the corridor.
Crime scene reconstruction experts and forensic video analysts should be summoned as witnesses to the state.
The question of whether Guyger would defend his own defense is still uncertain, and legal experts believe that such tactics can have the opposite effect. Last year, Roy Oliver, police officer from the Dallas suburbs, had testified during his trial in the shooting of black teenager Jordan Edwards. He was later sentenced to 15 years in prison for murder.
"It's definitely a risky decision because it's always possible that her testimony could undermine the benefit of the doubt that she could draw from the jury," Williams said of Guyger.
Coping with racial prejudices
The attempt by defense lawyers to move the trial to another county outside of Dallas, where the demographics are whiter and more conservative, was rejected by Kemp J. this month. Guyger's defense asserted that the intense attention of the media would prevent it from getting a fair trial.
The racial composition of the jury in Dallas County is not clear.
At this year's pre-trial hearings, Guyger "softened" his appearance, according to legal observers, abandoning the hairstyle pulled back and the dark clothes more associated with the forces of order.
Meanwhile, the manner in which the police handled the case was initially examined after groups of social activists complained that it was necessary to wait three days before Guyger was arrested and that he was arrested. she is charged with manslaughter, although it is later a murder.
"There are organizations that have been investing in the city to solve race and police issues for years," Baylor said. "Roy Oliver's lawsuit last year and the Guyger lawsuit raised the issues that these lawyers have tried to bring to light with respect to racial and police violence – albeit in tragic circumstances."
John's death became a rallying cry in Dallas, and earlier this year, City Council voted unanimously to expand the powers of City Council hearing complaints of misconduct by the City. police and gives an "observer" the opportunity to view completed police investigations.
His name was also added to a growing list of incidents in which police intervened in situations where blacks carried out ordinary and non-threatening activities, and was another extreme example of police opting for lethal force against a police officer. person of color.
In the process, his family publicly asked if Guyger would have been so quick to shoot him if it was not black.
"Although we do not know if the defense or the prosecution will explicitly speak of the consequences of the race," said Baylor, "it is prudent to expect that internally, the teams Prosecution and defense consider the prism of jurors on race and racism their strategies. "
The case is also taking place in a city where leadership and law enforcement have diversified. Dallas Mayor Eric Johnson, who took office in June, is black, as are Dallas Police Chief Renee Hall, Dallas County Attorney John Creuzot and Marian County Sheriff Marian Brown. .
Kemp, who was reelected last year, is also black and those who know her say she is running her audience room impartially and will not tolerate the Guyger lawsuit becoming a media circus.
"This is probably the biggest case she has ever had," said Anthony Eiland, a lawyer and former crime attorney with the Dallas County Attorney's Office. "She will go out of her way to make sure everything is done right."
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