[ad_1]
A Texas appeals court on Thursday upheld the murder conviction of former Dallas police officer Amber Guyger, despite her claims the charge should be reduced to criminally negligent homicide, according to reports.
Guyger argued that she should not have been convicted of murder because she took neighbor Botham Jean’s apartment as her own when she walked in, saw him on the sofa and shot him , reported the Dallas Morning News.
She said at trial that she shot Jean with intent to kill because she believed he broke into her third-floor apartment after returning from work around 10 p.m. Instead, she went to the fourth floor.
EX-MINNEAPOLIS POLICE CHARGES IN GEORGE FLOYD DEATH DEMAND REQUEST SEPARATE FEDERAL TRIAL OF DEREK CHAUVIN
“The fact that she was wrong about Jean’s status as a resident in her own apartment or a burglar in hers does not change her mental state of intentional or knowledge into criminal negligence”, Judge Lana Myers, Robbie Partida-Kipness of the Fifth District Court of Appeal. and Chief Justice Robert D. Burns III wrote. “We refuse to rely on Guyger’s misperception of the circumstances which led to his mistaken beliefs as the basis for overturning the jury verdict in light of direct evidence of his intent to kill.”
A protester holds a sign for Botham Jean during a march at a protest on June 9, 2020, in Revere, Massachusetts. (Getty Images)
Guyger was sentenced to 10 years in prison for shooting his upstairs neighbor while eating ice cream on his own sofa on September 6, 2018. He was unarmed.
Amber Guyger was sentenced to 10 years in prison for shooting her neighbor from above while eating ice cream on his own sofa on September 6, 2018. He was unarmed.
She told the appeals court that her murder conviction should be replaced with a lesser charge, carrying a maximum sentence of two years. She could have been sentenced to a maximum of 99 years, according to the New York Times.
Prosecutors had asked for her to be sentenced to at least 28, the age Jean would have been at trial.
Her appeals lawyer argued that she shot in self-defense, according to the Morning News.
Guyger and another officer testified at the trial that she could have stepped down and called in reinforcements or checked to see if Jean was armed and take cover, the Morning News reported.
She can now appeal to the state’s highest criminal court, the Texas Court of Criminal Appeals.
CLICK HERE TO GET THE FOX NEWS APP
Despite his conviction, John’s brother immediately offered his forgiveness in court.
“I was never going to say it in front of my family or anyone else, but I don’t even want you to go to jail. I want the best for you,” he said before kissing her. , according to the times.
[ad_2]
Source link