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The arrest affidavit obtained by Fox News from a white Dallas police officer who shot a black neighbor at his home – after confusing the floor, shed new light on the case, before a grand jury that could deliver more serious charges than manslaughter.
David Armstrong, of the Texas Rangers, wrote in an affidavit of arrest obtained by Fox News Monday that the agent Amber Guyger shot Botham Jean after ignoring his "verbal orders".
Guyger had just finished a 15-hour shift on Thursday when she returned in uniform in the South Side Flats apartment complex. She parked on the fourth floor, instead of the third, where she lived, according to the affidavit filed against the arrest warrant, suggesting perhaps that she was confused or disoriented.
When she put her key in the apartment door that was unlocked and slightly ajar, she opened it. Inside, the lights were off. Then she saw a figure in the dark, said the affidavit.
The officer concluded that his apartment was burgled and gave verbal orders to the person who ignored them. She then fired her gun and fired twice, the affidavit said.
When she turned on the lights, she realized that she was in the wrong unit, according to the affidavit, which seemed to be based almost entirely on the agent's account.
Mayor Mike Rawlings also said Monday that Guyger had parked on the wrong floor.
Guyger, 30, was arrested on Sunday night and jailed in nearby Kaufman County before being released on bail of $ 300,000, as reported by Fox News.
"The grand jury will be the entity that will make the final decision on charges or charges," Dallas District Attorney Faith Johnson told reporters. "We are preparing to present a complete dossier to the Dallas County Grand Jury so that the right decision can be made in this case."
The District Attorney will also have the opportunity to make more serious charges to the grand jury.
When asked why Guyger was allowed to go elsewhere than in Dallas County Jail, Johnson said the decision was made by the Texas Rangers, who were also investigating.
The Dallas County Medical Examiner's Office reported that John, who grew up on the island of St. Lucia, died from a gunshot wound in his chest. His death was found to be homicidal.
Jean's mother stated that the investigators did not give his family a report of what had happened. Allison Jean said at a press conference that she had asked many questions, but was told that there was no answer yet.
Counsel for the victim's family questioned why it took three days for Guyger to be charged and why she was so quick to use lethal force in meeting 26-year-old Jean.
John's family hired attorney Benjamin Crump, known to have represented the families of Trayvon Martin and Michael Brown. Martin was the 17-year-old who was shot in 2012 by George Zimmerman, a Hispanic man who was the captain of his neighborhood. Brown, 18, was shot in 2014 by a white policeman in Ferguson, Missouri.
"Blacks in America have been killed by police in some of the most incredible ways," Crump said Monday during a press conference, citing "driving in black in our cars" and "walking in black in our neighborhoods. "
Now, he said, "we are killed alive while we are in our apartments."
The family's legal team also includes Lee Merritt, who represents relatives of an unarmed black teen who was shot by a white policeman in June while fleeing a traffic stop near Pittsburgh.
Friends and family members gathered Saturday at the West Dallas Church to remember Jean, who had worked for the PwC accounting firm in 2016 at Harding University in Arkansas.
Sgt. Mike Mata, president of Dallas' largest police union, the Dallas Police Association, on Saturday called for "an open, transparent and comprehensive investigation into the event," the Dallas Morning News reported.
He described John as an "extraordinary individual" and said that "if the grand jury deems it necessary, that officer should be answerable to a Dallas County Court."
The day after the shooting, police chief U. Renee Hall said his department was seeking manslaughter against Guyger, a four-year veteran of the police. But Hall said Saturday that the Texas Rangers had asked his department to disregard the situation because they had learned new information and wanted to investigate further before a warrant was issued.
Guyger's blood was taken at the scene for alcohol and drug testing, Hall said, but the authorities have not published any results.
Jean was not the first person shot by Guyger. She shot a man named Uvaldo Perez on May 12, 2017, while he was on duty.
According to a sworn affidavit against Perez, the police were looking for a suspect when Guyger and another officer were called to assist a third officer. Perez came out of a car and became combative with Guyger and another officer. A fight started and Guyger pulled his stun gun on Perez, who then ripped it off. She then fired her gun and fired, injuring Perez in the abdomen.
Associated Press contributed to this report.
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