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Title: Legal experts say Amber Guyger guilty verdict signals major shift in how juries view police officers
Source:
From The Trenches/Dallas Morning News
URL Source: https://fromthetrenchesworldreport. ... es-view-police-officers/254936
Published: Oct 1, 2019
Author: Kevin Krause
Post Date: 2019-10-02 10:35:02 by Deckard
Keywords: None
Views: 947
Comments: 16
Dallas Morning News For some legal observers, there was only one word for the Amber Guyger guilty verdict on Tuesday: Stunning. That’s because a police officer likely never even would have been charged just a few years ago, they said. The case was far from straightforward. And portions of Guyger’s tearful and regret-filled account of her shooting of Botham Jean last year put her in a positive light, some felt. But not only did the jury give prosecutors the murder conviction they wanted — as opposed to a conviction on the lesser manslaughter charge — they did so after less than a full day of deliberations. Jurors convicted Guyger even after they were allowed to consider her Castle Doctrine defense, which allows Texas homeowners to stand their ground and shoot intruders. “It’s a seismic shift,” said Aaron Wiley, a former state and federal prosecutor. “The Dallas that exists today is not the same Dallas that existed in 2004.” Wiley said the jurors did something that juries in other U.S. cities have been hesitant or unwilling to do: convict a police officer of murder. “At the end of the day, there is a healthy skepticism regarding law enforcement officials,” he said. “Who would have thought that Dallas would be at the forefront of the new civil rights movement? The epicenter is here.” The Guyger murder conviction is the third one against a Dallas-area police officer in two years. Last year, Roy Oliver, a former Balch Springs officer, was sentenced to 15 years in prison for fatally shooting Jordan Edwards, an unarmed 15-year-old boy. Also last year, Ken Johnson, a former Farmers Branch police officer, was sentenced to 10 years in prison for chasing down and killing 16-year-old Jose Cruz, who he caught breaking into his SUV. And a a fourth officer, Michael Dunn, has been charged in the shooting death of Juan Moreno, 35, in June in a shopping center parking lot in northwest Dallas. Farmers Branch police placed Dunn on administrative leave after the incident. Brian Poe, another former state and federal prosecutor, agreed that Dallas County juries are bucking the trend. “Historically, first responders have been given deferential treatment,” he said. “We may be seeing a shift here where that’s not the case anymore… They’re not getting the pass like they used to.” What surprised Poe more, however, was the fact that the Dallas County District Attorney’s office pursued the case even though its lead investigator, a Texas Ranger, believed Guyger acted reasonably when she shot Jean. State District Judge Tammy Kemp did not allow the jury to hear that particular testimony from David Armstrong, a sergeant. When he was a state prosecutor, Poe said, the general guidance was not to bring a case if the lead detective didn’t think a crime was committed. “I never wanted to go forward with something unless the investigator believed in the case,” Poe said. Derek Staub, a former Dallas County prosecutor who now defends people in state and federal court, said the prosecutors smartly focused on the small details of the case like the red doormat in front of Jean’s apartment. “You have to look at them. It’ll make or break your case,” he said. Assistant District Attorney Jason Hermus showed jurors the distinctive doormat and told them it was one of many clues Guyger missed that would have told her she was on the floor above her apartment. With their verdict, Staub said, the jury “clearly said this was not a mistake.” Staub said prosecutors also did a great job “making this case come alive.” Jurors, he said, could almost picture themselves walking down the apartment building hall on that fateful night. “The jury felt like they were there,” Staub said, and they said to themselves, ‘What would I do?'” The fact that Guyger saw no weapons on Jean was key, he said. Guyger testified that all she saw was a body. “That’s not enough to take out a weapon and shoot,” Staub said. Staub said Guyger had to testify during her trial, even though it’s risky, in order to explain to jurors what was going on in her mind at the time. Typically, defense lawyers advise their clients not take the witness stand, he said. “Without her testimony, the defense didn’t stand a chance,” he said. Staub said Guyger performed well on the stand when she tearfully expressed sorrow and regret. Wiley said Guyger uttered the right words during her testimony, such as the fact that she killed an innocent man. And she didn’t come across as evasive in her responses, he added. “Those were sympathetic words.” Wiley said. “I developed sympathy for her.” But the prosecution team also used the emotional death of the victim in their presentation to the jury, Wiley said. “The emotion carried the day,” he said. The brief deliberations, Staub said, told him that all 12 jurors were “on board with guilty almost immediately.” The message for police officers, he said, is that “you are being scrutinized,” particularly in Dallas County. Police officers will have second thoughts about pulling their gun and using it during an incident, Staub said. And that could mean the difference between a dead defendant and one who is still alive, he added. “I think times have changed,” he said. Staub said there will be more arrests and convictions of police officers, but perhaps not in more conservative areas of North Texas like Collin and Rockwall counties where people are more deferential toward police. The Guyger defense team wisely tried to have the trial moved out of Dallas for that reason, he said. Had they been successful, the result might have been different, Staub added. “It’s sad but true.” Poe said the issues of the use of deadly force was key in the trial. The jury, he said, appeared to agree with prosecutors that Guyger should have used her training to avoid a violent confrontation with Jean on that September 2018 night. “You have to think that they held her to a higher standard as a police officer, even though she’s off duty and thought she was in her home,” Poe said. Using the Castle Doctrine as a defense was a “very novel idea,” Poe said. But jurors apparently agreed that it didn’t apply in this case. The law, he said, is for people who feel threatened in their home. “It goes back to the question of, did she reasonably believe she had to use deadly force?” Poe said. Wiley said he expected a hung jury. He said police body cameras, when the footage is available, have helped to hold police officers accountable for misconduct. “We used to not need body cams,” he said. “If the police said it, it’s true.” Wiley said he believes the failed government prosecution of Dallas County Commissioner John Wiley Price, who is black, on corruption charges in 2017 was a “preview into the changing nature of Dallas County juries.” “That case would have gone in another direction years before,” he said. https://www.dallasnews.com/news/courts/2019/10/01/legal-experts-say-amber-guyger-guilty-verdict-signals-major-shift-juries-view-police-officers/
Details and emotion
‘Higher standard’
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#1. To: Deckard (#0)
She was off duty. If she drove a school bus then went home would the headline read "Amber Guyger guilty verdict signals major shift in how juries view school bus drivers"? What a load of bs.
I see reporting that she was sentenced to 10 years. Probably eligible for parole in 7 years. After that, Botham Jean's brother forgave her and the judge gave permission for him to hug her. I kinda doubt the Jean family is going to forget about any civil lawsuits though. Not that forgiving.
Fair enough.
I agree. She probably would have received that even if the charge was negligent homicide.
Sure it is. Woman sentenced in home invasion robbery A 53-year-old woman will spend 30 years in prison for participating in a home invasion robbery in December 2009 that left a Northeast Baltimore homeowner dead, the city State's Attorney's Office announced on Friday. Bonnie Lee Lizor had pleaded guilty to a first-degree murder charge and was sentenced this week. Elko man sentenced to life in deadly home invasion An Elko man will spend up to life in prison with the possibility for parole in 25 years for the home invasion murder of another man a year ago. Tieres A. Lopez Sr., 24, was sentenced Wednesday in Elko District Court by Judge Nancy Porter in the death of Bradley Smith on July 7, 2018. Smith died of multiple gunshot wounds after intruders kicked in the front door of his home on Wrangler Circle at about 11:30 p.m. and a gun battle ensued.
Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen. Every example you compared this sentence to, were the result of someone INTENDING to commit a crime. Big difference, dick bag. When people INTEND to commit crimes, they should get 10 times the prison sentence they got.
She only got the possible 7 year probation because she's a cop. What sentence and probation would Joe Six Pack get for this?
Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen. intent should cause 90% of the sentence. Intend to sell heroin.... get 50 years. Accidentally kill a drug addict via overdose... just add 7 more years. I’m good with that.
I'm saying what would Joe-Six-Pack's sentence be if he pulled an Crazy Amber (You know, like "Crazy Ivan" in The Hunt For Red October -pretty funny, huh.), went to the wrong floor while sexting with his paramour (look it up if you don't know what "paramour" means). Door ajar and you see a guy eating ice cream, then kill him. Joe Six-Pack be gettin' some serious time in the slammer, you dig what I mean daddy-o?
Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen. Stupid question. Sentences vary from state to state... but if this happened 1 million times, I’d be happy with 1 million 7 year sentences... unless the defendant was a filthy fucking illegal. Then he should be executed.
She was sentenced to 10 years. The 7 years thing was just me telling GI earlier that she'd probably get out in 7 years on parole. She's going to prison, not being put on probation.
You're right - I posted "probation' instead of "parole". Hope Gatlin doesn't find my mistake. Heavens to Betsy, my laws yes! - he'll be all over it like Jaws on a twenty-fold group of totally terrified toddlers. I'd better start writing that apology now. Mayhap I will, mayhap I won't..
Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen. I think you should apologize to everyone on the forum. You should write abject apologies and send weeping missives via Private Mail to everyone, pleading for their mercy and forgiveness, promising never to do it again. Except Gatlin.
That shouldn't take long. How many posters here are still relatively active at this ungodly hour?? Maybe 3 at the most. TC, I am ever so dreadfully sorry for whatever transgressions I committed. Besties again? Gee willikers, I sure hope everything is copacetic. To whomever is still here: this offer expires at 0227 Hrs, Zulu.
Government is in the last resort the employment of armed men, of policemen, gendarmes, soldiers, prison guards, and hangmen. Sorry, I can't accept your apology. You really need to work on your groveling technique. LOL
Stupid question. I saw his post and started to do a detailed explanation on why he cannot possibly do such an inconceivable hypothetical. But then I did not proceed and waste my time after realizing the retard would never understand the reality of the situation anyway. It was not too long ago that Deckard and his small entourage of limited-ability thinkers were not likely to be severely limited in their life’s trajectory. But now days they are finding it is a terrible time to not be somewhat brainy. People are finding it ever so easy to mock his kind for being less so. During this time of rampant concern over gross microaggressions and rampant victimization, it is so easy for us to maintain “open season” on the non-smart. It's good entertainment. This gleeful derision we enjoy by piling on Deckard and his ilk may seem especially cruel in view of the more serious abuse that modern life is already “firing” upon him and those others who are also less intellectually gifted. But, what the hell – why should we miss the fun? “Lock and Load” … Salute,
Legal experts say Amber Guyger guilty verdict signals major shift in how juries view police officers
#2. To: Deckard, misterwhite (#0)
#3. To: Tooconservative (#2)
Probably eligible for parole in 7 years.
#4. To: GrandIsland (#3)
Probably eligible for parole in 7 years.
Fair enough.
#5. To: GrandIsland (#3)
(Edited)
Probably eligible for parole in 7 years. Fair enough.
The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning.
Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.
#6. To: Deckard (#5)
#7. To: GrandIsland (#6)
The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning.
Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.
#8. To: Deckard (#7)
#9. To: GrandIsland (#8)
intent should cause 90% of the sentence.
The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning.
Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.
#10. To: Deckard (#9)
I'm saying what would Joe-Six-Pack's sentence be if he pulled an Crazy Amber
#11. To: Deckard (#7)
She only got the possible 7 year probation because she's a cop.
#12. To: Tooconservative (#11)
(Edited)
The 7 years thing was just me telling GI earlier that she'd probably get out in 7 years on parole.
The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning.
Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.
#13. To: Deckard (#12)
I'd better start writing that apology now. Mayhap I will, mayhap I won't..
#14. To: Tooconservative (#13)
I think you should apologize to everyone on the forum.
The essential feature of government is the enforcement of its decrees by beating, killing, and imprisoning.
Those who are asking for more government interference are asking ultimately for more compulsion and less freedom.
#15. To: Deckard (#14)
TC, I am ever so dreadfully sorry for whatever transgressions I committed.
#16. To: GrandIsland (#10)
I'm saying what would Joe-Six-Pack's sentence be if he pulled an Crazy Amber
It is an absolutely ridiculous queston.
Gatlin
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