BREAKING: Texas cop Amber Guyger appeals her murder conviction for shooting dead neighbor Botham Jean after she entered his apartment and thought it was her own
Former Texas cop Amber Guyger’s defense team are filing an appeal to overturn her 2019 murder conviction for the killing of Botham Jean.
The team is hoping to overturn Guyger’s murder conviction to have it changed to negligent homicide, citing insufficient evidence, the Dallas Morning News reports.
The former Dallas police officer is currently serving 10 years in a Texas prison for shooting the 26-year-old inside his own apartment at the South Side Flats on September 6, 2018.
During the trial, Guyger testified that she had gone to the wrong floor and mistook his apartment for her own and shot Jean – a black man – because she believed he was an intruder.
During a brief filed Tuesday, Guyger’s lawyer argued that her belief that Jean was an intruder 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.