Ex-Dallas police officer Amber Guyer was found guilty of murder after she fatally shot Botham Jean in 2018 after she allegedly entered the wrong apartment believing it was her’s. Guyer was sentenced to 10 years in prison has now filed an appeal for her conviction. The appeal has requested for Guyer to be acquitted of murder or acquitted and charged with the lesser crime of criminally negligent homicide, alleging she believed Jean was breaking into her apartment and “had the right to act in deadly force” according to CBS News.
Guyer fatally shot on September 6, 2018 when she got back to the complex after working over 13 hour shift. However, rather going into her apartment she went into Jean’s apartment which was directly above hers. Once she got into the apartment Jean was on his couch eating ice cream before Guyer shot him.
Guyger was found guilty of Jean’s murder in October 2019 because her mistake was “not reasonable.” Guyger’s lawyers claim the evidence submitted in the case “was legally insufficient to prove beyond reasonable doubt that Guyger committed murder.” They said she was confused about her location because the third and fourth floors, where her and Jean’s apartments were located, look the same.
“Her mistaken belief negated the culpability for murder because although she intentionally and knowingly caused Jean’s death, she had the right to act in deadly force in self-defense since her belief that deadly force was immediately necessary was reasonable under the circumstances,” the appeal reads.
“Despite the tragic consequences, considering all the evidence — whether admissible or inadmissible … Guyger acted reasonably,” the appeal says, stating that she “simply missed” before entering the wrong apartment according to CBS News. Guyger’s lawyers claimer the 26-years-old death occurred because of the “malfunction” on his door and the “absurd design” and “incompetent management” of the apartment building.
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