Cont: Man shot, killed by off-duty Dallas police officer who walked into wrong apartment p2

[William Parcher]

...Most of the dismissed cases involved drug charges, according to the records, obtained by the Dallas Morning News.

Four of the cases were connected to two men Guyger and another officer arrested for drug-related offenses after a January 25 traffic stop.

James Thomas and Thirley Lewis were pulled over for failure to signal that day. A sworn affidavit shows Guyger was the officer who searched the men's car and found a clear plastic bag with 'suspected marijuana' on the front passenger floorboard and a baggie of 'suspected crack cocaine' on the front passenger seat.

Former district attorney Faith Johnson dropped seven of the cases involving Guyger. She asked a judge to dismiss the felony cocaine charge against Thomas in November, stating, 'After further investigation, the State has decided not to proceed with prosecution,' court records show, according to the Dallas Morning News.

Newly-elected district attorney John Creuzot, who promised to reform the city's criminal justice system during his campaign, dismissed the other two cases involving Guyger after he took office in January.

Only one of the cases that were dismissed specifically cited Guyger's criminal charges as the reason with an unnamed county prosecutor stating he or she was declining to move forward because Guyger had been accused of 'murdering an innocent man in his own home.'

Dallas defense attorney Chris Knox told the Dallas News dismissing cases involving indicted officers is normal because their criminal charges against cops make put prosecutors in a bind when deciding whether or not to use their testimony for criminal trials involving suspects they've arrested.

'It is entirely normal for the district attorney's office to be wary of calling that officer as a witness against another defendant,' Knox said...

https://www.dailymail.co.uk/news/ar...smissed-involving-indicted-ex-Dallas-cop.html

 

[qayak]

I find this really strange. One for the fact that she is still innocent of any crime in the eyes of the criminal justice system and two what bearing does her charges have on the past arrests?

I think the fact that she was fired by the police department would be a major hiccup with her testimony in the eyes of any judge or jury. That she has some pretty serious charges against her would also be an issue.

 

[Darat]

Thanks for the replies. I can understand the reasoning now.

 

[William Parcher]

For the first time, the public can now hear the 911 call Amber Guyger made moments after she shot Botham Jean. WFAA-TV obtained a copy, which until now, not even the family has heard...

"This is an off duty officer," Guyger tells the operator. "Can I get, I need to get EMS."

"Do you need police as well or just EMS?" the operator responds.

"Yes, I need both," Guyger says, heavily breathing.

When the operator asks her where she's at, it sounds like she is checking the apartment number and realizes she's not in hers.

"What’s going on?" the operator asks.

"I thought I was in my apartment and I shot a guy thinking he was, thinking it was my apartment," Guyger says.

"You shot someone?" the operator asks.

"I thought it was my apartment. I'm ******," Guyger responds. "Oh my God. I'm sorry."...

https://www.wfaa.com/article/news/s...jean/287-89eb47bb-7f14-46fd-8406-141ffabb44a1

 

[Butter!]

I literally bought a new deadbolt because of this bizarre story. Not because I specifically think a confused, sleepy cop is going to come in and shoot me, but just because it seems like freaking anything is possible. Best have more than one deadbolt.

 

[Thermal]

I literally bought a new deadbolt because of this bizarre story. Not because I specifically think a confused, sleepy cop is going to come in and shoot me, but just because it seems like freaking anything is possible. Best have more than one deadbolt.

You missed the point of the story. Buy a gun, and keep it pointed at the door at all times. Fire at the first jiggle and say you were tired, but actually in your own home. Done and done.

Alternatively, B&E guys on the forum should pack one when burglarizing. Say you were tired after a long day of robbing, yada yada yada.

 

[JoeMorgue]

You missed the point of the story. Buy a gun, and keep it pointed at the door at all times. Fire at the first jiggle and say you were tired, but actually in your own home. Done and done.

Also try really, really, really hard to not be black while doing any of that.

 

[LTC8K6]

The 911 call will certainly help her case.

 

[Whip]

The 911 call will certainly help her case.

not really. it proves negligence at the least. the time to check the apartment number was before even putting a hand on the gun. especially while standing on a red mat that your own apartment doesn't have.

 

[ponderingturtle]

1/ Criminal prosecutions, especially in high-profile cases, take a long time in the U.S. Both sides get to conduct thorough investigations, question witnesses, hire experts, examine evidence etc. before trial. 2/ The past arrests require her testimony at trial. The fact that she's charged with murder certainly raises doubts about her judgment and integrity.

And of course as no longer employed as a police officer it might be harder to get her to testify when it is not part of her job. So the defense doesn't take the first plea deal and it is too much hassle for minor possession cases to prosecute them.

 

[JoeMorgue]

The 911 call will certainly help her case.

How?

 

[Bob001]

I literally bought a new deadbolt because of this bizarre story. Not because I specifically think a confused, sleepy cop is going to come in and shoot me, but just because it seems like freaking anything is possible. Best have more than one deadbolt.

Remember to use it and the door viewer (get one of those, too, if you don't have one). Her account is that she just pushed on the door and it opened. The alternate account is that he heard noises at his door and opened it himself. Either way, an unlocked deadbolt wouldn't have saved him.

 

[pgwenthold]

How?

It does help assuage the argument that she went their deliberately to kill him. But I don't think that was a very commonly held belief.

On the other hand, it supports the contention that she mistakingly went to the wrong apartment and killed the person who lived there. Then again, I think that is generally stipulated by everyone involved, so not a whole lot learned there.

She went to an apartment that was not hers, and when the door opened, she shot the guy that lived there.

"These are the facts, and they are not disputed."

 

[JoeMorgue]

It does help assuage the argument that she went their deliberately to kill him.

That only matters to the In Mens Rea fetishist who think it's not murder/manslaughter/crime unless you submit a notarized "Intent to Murder" form with the city 30 days out.

The fact that she freaked out after she did what she did means less then nothing to me.

As you say, it's more a confession than an excuse.

 

[Bob001]

That only matters to the In Mens Rea fetishist who think it's not murder/manslaughter/crime unless you submit a notarized "Intent to Murder" form with the city 30 days out.

The fact that she freaked out after she did what she did means less then nothing to me.

As you say, it's more a confession than an excuse.

Subject for discussion: If she had stepped out of the apartment and pulled the door closed after she shot him, would she ever have been caught? How long would it have taken? There were no security cameras, and even if neighbors had heard shots, they didn't see anything. She could have claimed that she went home to her unit, heard "what sounded like shots," and went upstairs to investigate. If neighbors peered out they would have seen a uniformed police officer investigating a suspicious noise. I suspect that we could be in a different place today if she had kept her wits about her. (Of course, if she had any wits she wouldn't have shot anybody in the first place.)

 

[JoeMorgue]

Subject for discussion: If she had stepped out of the apartment and pulled the door closed after she shot him, would she ever have been caught?

Assuming no other majors facts (for instance that the police department doesn't keep track of individual rounds and she wouldn't have to account for the two missing rounds in her service sidearms) probably not.

 

[Thermal]

Subject for discussion: If she had stepped out of the apartment and pulled the door closed after she shot him, would she ever have been caught? How long would it have taken? There were no security cameras, and even if neighbors had heard shots, they didn't see anything. She could have claimed that she went home to her unit, heard "what sounded like shots," and went upstairs to investigate. If neighbors peered out they would have seen a uniformed police officer investigating a suspicious noise. I suspect that we could be in a different place today if she had kept her wits about her. (Of course, if she had any wits she wouldn't have shot anybody in the first place.)

I think she might have to explain shells fired from her weapon and residue on her hands. Ballistics on the bullet would match her weapon, which would be dirty and missing a couple rounds.

Someone was recording her making the 911 call, so were evidently out in the hall fast. How quickly she got up there without being seen would cause enough suspicion to check her weapon.

 

[Drewbot]

I literally bought a new deadbolt because of this bizarre story. Not because I specifically think a confused, sleepy cop is going to come in and shoot me, but just because it seems like freaking anything is possible. Best have more than one deadbolt.

BREAKING NEWS:

Man burns in apartment, unable to open 3rd deadbolt, blames Amber Guyger.

 

[Thermal]

BREAKING NEWS:

Man burns in apartment, unable to open 3rd deadbolt, blames Amber Guyger.

No kidding, I have had to fight with customers about putting a deadbolt in which requires a key from both sides. I ask them to envision trying to escape from a fire and yelling out 'honey, have you seen my keys?'

 

[LTC8K6]

How?

It totally supports her story of being tired and going to the wrong apartment.

I think an objective jury will be influenced in her favor by the 911 recording.

If there was any doubt that Guyger made a mistake, the 911 call will erase it for most people.

However, I still don't know how much leeway the jury will have regarding murder/manslaughter/etc.

I have forgotten what the law is in Texas around a murder charge..