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Title: Ex-Dallas cop who fatally shot neighbor distracted by sexting police partner, prosecutors say
Source: FOX News
URL Source: https://www.foxnews.com/us/ex-dalla ... police-partner-prosecutors-say
Published: Sep 24, 2019
Author: Frank Miles
Post Date: 2019-09-26 11:13:41 by Deckard
Keywords: None
Views: 5905
Comments: 54

On the first day of trial, prosecutors contended a former Dallas police officer accused of murdering a man whom she wrongly believed to be in her apartment was distracted by sending sexually explicit text messages.

Attorneys for Amber Guyger, 31, argued that she fired in self-defense based on the mistaken belief that she was entering her own apartment and that Botham Jean was a burglar.

Jean, a 26-year-old accountant from the Caribbean nation of St. Lucia, “was doing no harm to anyone, which was his way,” Dallas County Assistant District Attorney Jason Hermus said in an opening statement. Jean was in his living room eating a bowl of vanilla ice cream on Sept. 6, 2018, when Guyger entered the apartment, which was one floor directly above her apartment, Hermus said.

Fox 4 reported that Guyger allegedly was distracted by texting Martin Rivera, her police partner.

Prosecutors questioned Rivera extensively about a 16-minute phone conversation he had with Guyger as she headed to her apartment that night in September 2018. Asked what it was about, he said he believes it was mostly about police work but his memory of the call was hazy. Again, however, he denied that it involved plans to see Guyger later that evening.

In his opening statement, defense attorney Robert Rogers dismissed the prosecution arguments.

GAMER SENTENCED TO PRISON IN DEADLY 'SWATTING' CASE

Guyger “was on autopilot,” he said of her entrance to Jean’s apartment. “She had tunnel vision.”

Rogers also dismissed as “preposterous” the relevance of Guyger’s sexual relationship with her partner.

Guyger was off duty but still in uniform when she shot Jean. She told investigators that after a 15-hour shift she parked on the fourth floor of the complex’s garage – rather than the third floor, where she lived – and found the apartment’s door ajar.

CLICK HERE TO GET THE FOX NEWS APP

Three days after the shooting, Guyger was arrested for manslaughter. She was subsequently fired from the Dallas Police Department and charged by a grand jury.

The jury will have to decide whether Guyger committed murder, a lesser offense such as manslaughter or criminally negligent homicide, or no crime at all.


Poster Comment:

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Begin Trace Mode for Comment # 31.

#1. To: Deckard (#0)

Criminally negligent homicide I can see. If she hadn't been tired, confused and distracted, this wouldn't have happened.

Murder? No way.

misterwhite  posted on  2019-09-26   12:15:27 ET  Reply   Untrace   Trace   Private Reply  


#4. To: misterwhite (#1)

Murder? No way.

This is all of us wearing our shocked faces. Really.

I'm only surprised you don't want her to get a public service award for her bravery in shooting an unarmed man eating vanilla ice cream in his own apartment.

Tooconservative  posted on  2019-09-26   15:19:26 ET  Reply   Untrace   Trace   Private Reply  


#5. To: Tooconservative (#4)

How do you justify a charge of murder?

misterwhite  posted on  2019-09-26   15:30:07 ET  Reply   Untrace   Trace   Private Reply  


#12. To: misterwhite, Tooconservative (#5)

Apparently he made an aggressive move.

Apparently not necessary.

How do you justify a charge of murder?

I actually pondered the same question. I seems Texas law may be a tad different than we are used to.

https://statelaws.findlaw.com/texas-law/texas-second-degree-murder-laws.html

Texas Murder Statute (Penal Code, Title 5, Chapter 19)

Elements of Second Degree Murder

Texas does not officially use the term "second degree murder" which can sometimes be a little bit confusing. Instead, the equivalent in Texas is known as just "murder," which is a first degree felony. To convict a defendant of murder, prosecutors must be able to prove beyond a reasonable doubt that:

  • The defendant intentionally and knowingly caused the death of another person;
  • The defendant intended to cause serious bodily injury and committed an act that was clearly dangerous to human life and this act caused the death of an individual; or
  • The defendant committed or attempted to commit a felony (other than manslaughter) and in performing that felony, committed an act that was clearly dangerous to human life and this act caused the death of an individual.

The jury found the defendant intentionally and knowingly caused the death of another person.

She pulled her gun, aimed it, fired and hit her target. She intended to shoot her victim. It was not an accident or self-defense.

The defendant intended to cause serious bodily injury and committed an act that was clearly dangerous to human life and this act caused the death of an individual

She pulled her gun, aimed it, fired and caused the death of another. In shooting, it was her intent to seriously injure or kill another. (As distinguished from entering the room with the intent to shoot anyone.)

Murder in Texas is distinct from Capital Murder.

Manslaughter in Texas is recklessly causing the death of another.

The jury found her behavior was intentional, not reckless.

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.19.htm

PENAL CODE

TITLE 5. OFFENSES AGAINST THE PERSON

CHAPTER 19. CRIMINAL HOMICIDE

Sec. 19.01. TYPES OF CRIMINAL HOMICIDE. (a) A person commits criminal homicide if he intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual.

(b) Criminal homicide is murder, capital murder, manslaughter, or criminally negligent homicide.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

- - - - - - - - - -

Sec. 19.02. MURDER. (a) In this section:

(1) "Adequate cause" means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.

(2) "Sudden passion" means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.

(b) A person commits an offense if he:

(1) intentionally or knowingly causes the death of an individual;

(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or

(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.

(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

- - - - - - - - - -

Sec. 19.03. CAPITAL MURDER. (a) A person commits an offense if the person commits murder as defined under Section 19.02(b)(1) and:

(1) the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer or fireman;

(2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3), (4), (5), or (6);

(3) the person commits the murder for remuneration or the promise of remuneration or employs another to commit the murder for remuneration or the promise of remuneration;

(4) the person commits the murder while escaping or attempting to escape from a penal institution;

(5) the person, while incarcerated in a penal institution, murders another:

(A) who is employed in the operation of the penal institution; or

(B) with the intent to establish, maintain, or participate in a combination or in the profits of a combination;

(6) the person:

(A) while incarcerated for an offense under this section or Section 19.02, murders another; or

(B) while serving a sentence of life imprisonment or a term of 99 years for an offense under Section 20.04, 22.021, or 29.03, murders another;

(7) the person murders more than one person:

(A) during the same criminal transaction; or

(B) during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct;

(8) the person murders an individual under 10 years of age;

(9) the person murders an individual 10 years of age or older but younger than 15 years of age; or

(10) the person murders another person in retaliation for or on account of the service or status of the other person as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court.

(b) An offense under this section is a capital felony.

(c) If the jury or, when authorized by law, the judge does not find beyond a reasonable doubt that the defendant is guilty of an offense under this section, he may be convicted of murder or of any other lesser included offense.

Added by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 5317, ch. 977, Sec. 6, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 44, Sec. 1, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 652, Sec. 13, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 715, Sec. 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 887, Sec. 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 388, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 428 (S.B. 1791), Sec. 1, eff. September 1, 2005.

Acts 2011, 82nd Leg., R.S., Ch. 1209 (S.B. 377), Sec. 1, eff. September 1, 2011.

Acts 2019, 86th Leg., R.S., Ch. 1214 (S.B. 719), Sec. 2, eff. September 1, 2019.

- - - - - - - - - -

Sec. 19.04. MANSLAUGHTER. (a) A person commits an offense if he recklessly causes the death of an individual.

(b) An offense under this section is a felony of the second degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 19.04 by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1987, 70th Leg., ch. 307, Sec. 1, eff. Sept. 1, 1987. Renumbered from Penal Code Sec. 19.05 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

- - - - - - - - - -

Sec. 19.05. CRIMINALLY NEGLIGENT HOMICIDE. (a) A person commits an offense if he causes the death of an individual by criminal negligence.

(b) An offense under this section is a state jail felony.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 19.06 by Acts 1973, 63rd Leg., p. 1123, ch. 426, art. 2, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 19.07 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

- - - - - - - - - -

Sec. 19.06. APPLICABILITY TO CERTAIN CONDUCT. This chapter does not apply to the death of an unborn child if the conduct charged is:

(1) conduct committed by the mother of the unborn child;

(2) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent, if the death of the unborn child was the intended result of the procedure;

(3) a lawful medical procedure performed by a physician or other licensed health care provider with the requisite consent as part of an assisted reproduction as defined by Section 160.102, Family Code; or

(4) the dispensation of a drug in accordance with law or administration of a drug prescribed in accordance with law.

Added by Acts 2003, 78th Leg., ch. 822, Sec. 2.02, eff. Sept. 1, 2003.

nolu chan  posted on  2019-10-01   20:49:02 ET  Reply   Untrace   Trace   Private Reply  


#22. To: nolu chan (#12)

She pulled her gun, aimed it, fired and hit her target. She intended to shoot her victim. It was not an accident or self-defense.

So what she did (and why she did it) is no different than if the victim was sitting on a park bench at high noon, eating his lunch. You see no difference between the two scenarios.

misterwhite  posted on  2019-10-02   9:18:45 ET  Reply   Untrace   Trace   Private Reply  


#25. To: misterwhite (#22)

She pulled her gun, aimed it, fired and hit her target. She intended to shoot her victim. It was not an accident or self-defense.

So what she did (and why she did it) is no different than if the victim was sitting on a park bench at high noon, eating his lunch. You see no difference between the two scenarios.

The proper analysis is to apply the law to the facts.

Are you saying that in your analysis of the facts, you found the victim was sitting on a park bench at high noon?

I did not find, and neither opined, nor attempted to opine, anything about such a scenario.

Do you imply that when she aimed her weapon and shot, it was not an intentional act?

Did she just fire into the air and misfortune caused the bullet to strike some random dude?

Did she accidentally pull the trigger?

The bullet striking the victim was the intended result of her act. Her disorientation is not justification for her act, but a mitigating factor for sentencing. Her prior anti-black racial comments, already entered in the sentencing phase, are an aggravating factor.

Intent is defined in the Texas Penal Code. For this Texas matter, that is the only definition that matters.

https://codes.findlaw.com/tx/penal-code/penal-sect-6-03.html

Texas Penal Code § 6.03. Definitions of Culpable Mental States

(a) A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.

(b) A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.

(c) A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.

(d) A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.

nolu chan  posted on  2019-10-02   10:50:44 ET  Reply   Untrace   Trace   Private Reply  


#31. To: nolu chan (#25)

Her prior anti-black racial comments, already entered in the sentencing phase, are an aggravating factor.

Did you read them? That's a real stretch to call them "racist".

misterwhite  posted on  2019-10-02   12:32:29 ET  Reply   Untrace   Trace   Private Reply  


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