*As far as a lot of folks are concerned, ex-Dallas cop Amber Guyger got off relatively easy for shooting and killing her neighbor, Botham Jean.
Guyger is currently serving a 10 year prison term in Texas for shooting Botham, 26, inside his own apartment at the South Side Flats on September 6, 2018.
Like we said for someone who murdered another person in their own apartment, the consensus is that she should have got a hell of a lot longer sentence, perhaps even life, for the killing. In any event, Guyger’s defense team is filing an appeal to overturn her 2019 murder conviction.
Guyger’s attorneys are hoping to overturn her murder conviction to have it changed to negligent homicide, citing insufficient evidence, according to the Dallas Morning News.
During a brief filed Tuesday, Guyger’s lawyer argued that because she thought that Jean was an intruder (remember, he was in HIS apartment) justified her use of deadly force.
“The evidence was legally insufficient to prove beyond reasonable doubt that Guyger committed murder because (1) through mistake, Guyger formed a reasonable belief about a matter of fact — that she entered her apartment and there was an intruder inside — and (2) her mistaken belief negated the culpability of 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,” court documents read.
The team had previously argued that the layout of the complex where they both lived, was confusing. Guyger lived directly above Jean, on the fourth floor.
Lawyers also mention in the appeal that other residents have also struggled finding their own apartments, with many sharing they have also parked on the wrong floor.
Court documents show that of 71 tenant interviewed, 44 per cent said that they had walked into the wrong apartment of the wrong floor before. 23 per cent said that they had gone to the wrong door and entered their key into the lock, court documents state.