Murder of Botham Jean
{{Short description|2018 murder case in Dallas, Texas, US}}
{{Redirect-distinguish|Botham Jean|Jean Botham}}
{{Use mdy dates|date=May 2022}}
{{Infobox civilian attack
| title = Murder of Botham Jean
| image = South Side Flats - Dallas Texas - June 2021.jpg
| coordinates = {{coord|32.769592|N|96.795944|W|display=inline,title}}
| image_name =
| caption = The South Side Flats in Dallas, Texas, where the murder occurred.
| date = {{start date and age|2018|9|6}}
| time =
| location = Dallas, Texas, United States
| also known as =
| cause =
| first reporter =
| filmed by =
| perp = Amber Renée Guyger
| outcome =
| reported injuries =
| victim = Botham Shem Jean
| burial =
| inquiries =
| inquest =
| coroner =
| suspects =
| verdict = Guilty
| convictions = Murder
| charges = Manslaughter (upgraded to murder)
{{Infobox event
| title =
| child = yes
| sentence = 10 years in prison
}}
| publication bans =
| litigation =
| awards =
| website =
| notes =
}}
On the night of September 6, 2018, 26-year-old accountant Botham Jean was murdered in Dallas, Texas, by off-duty Dallas Police Department patrol officer Amber Guyger, who entered Jean's apartment and fatally shot him. Guyger, who said that she had entered Jean's apartment believing it was her own and believed Jean to be a burglar,{{Cite news|url=https://www.fox4news.com/news/dallas-officer-goes-home-to-wrong-apartment-kills-man-inside|title=Dallas officer goes home to wrong apartment, kills man inside|date=September 7, 2018|work=Fox 4}}{{cite web |url=https://www.star-telegram.com/news/local/crime/article218333735.html |title=Dallas police officer's arrest affidavit contradicts search warrant for victim's apartment |first=Nichole |last=Manna |date=September 13, 2018 |work=Fort Worth Star-Telegram |access-date=September 14, 2018 }} was initially charged with manslaughter. The absence of a murder charge led to protests and accusations of racial bias because Jean—an unarmed black man—was killed in his own home by a white off-duty officer who had apparently disregarded police protocols. On November 30, 2018, Guyger was indicted on a charge of murder.{{cite web |date=December 1, 2018 |title=Ex-Dallas Police Officer Amber Guyger Indicted On Murder Charge In Killing Of Botham Jean |url=https://www.keranews.org/news/2018-11-30/ex-dallas-police-officer-amber-guyger-indicted-on-murder-charge-in-killing-of-botham-jean |access-date=March 12, 2022 |website=KERA News |language=en}} On October 1, 2019, she was found guilty of murder and was sentenced to ten years' imprisonment the following day. The ruling was upheld on appeal in 2021.{{cite web |date=November 18, 2021 |title=Amber Guyger's appeal for rehearing again denied by Texas court |url=https://www.fox4news.com/news/amber-guygers-appeal-for-rehearing-again-denied-by-texas-court |access-date=March 12, 2022 |website=FOX 4 |language=en-US}}
Murder
{{maplink|frame=yes|frame-align=right|frame-width=400|frame-height=350|frame-lat=32.7695|frame-long=-96.796|zoom=17|type=point|coord={{coord|32.769592|N|96.795944|W}}|text=Location of the murder{{cite web|url=https://www.baynews9.com/fl/tampa/ap-top-news/2019/09/22/ex-cops-murder-trial-for-shooting-neighbor-set-to-start|title = Ex-cop's murder trial for shooting neighbor set to start}}|overlay={{Graph:Street map with marks|width=160|height=140|zoom=3|lat=32.769592|lon=-96.795944|{ "lat": 32.769592, "lon": -96.795944 }| minimap=false}}}}
Botham Jean and Amber Guyger lived in separate apartments in South Side Flats, a four-story apartment complex located at the corner of South Lamar Street and Powhattan Street two blocks northwest of the headquarters of Dallas Police Department where Guyger worked as a patrol officer in the Cedars district in South Dallas.{{cite web |date=September 10, 2018 |title=Botham Jean's door was unlocked, lights were off when Officer Amber Guyger mistook his apartment for hers, official says |url=https://www.dallasnews.com/news/2018/09/10/botham-jean-s-door-was-unlocked-lights-were-off-when-officer-amber-guyger-mistook-his-apartment-for-hers-official-says/ |access-date=March 12, 2022 |website=Dallas News |language=en}} The floor plans for each level of the building are mostly identical. Guyger's apartment on the third floor (number 1378), in which she had lived for approximately two months by the time of the murder, was located directly below Jean's apartment on the fourth floor (number 1478).{{cite web |title=Guyger v. State |url=https://casetext.com/case/guyger-v-state-4 |access-date=March 12, 2022 |website=casetext.com}}
On September 6, 2018, Guyger left work at 9:33 pm at the end of a 13.5-hour shift. She drove to the apartment complex, parking her vehicle in the parking garage of the fourth floor at 9:46 pm. At this time, she was speaking over the phone with her romantic partner, who had telephoned her during her journey home, in a conversation which lasted until 9:55 pm.{{cite web |date=September 23, 2019 |title=First day of Amber Guyger's murder trial focuses on her relationship, sexual texts with police partner |url=https://www.dallasnews.com/news/crime/2019/09/23/first-day-of-amber-guyger-s-murder-trial-focuses-on-her-relationship-sexual-texts-with-police-partner/ |access-date=March 12, 2022 |website=Dallas News |language=en}} She was still wearing her uniform and handgun.{{cite news |date=September 26, 2019 |last=Tsiaperas |first=Tasha |title=What we've learned in the Amber Guyger murder trial |url=https://www.wfaa.com/article/news/special-reports/botham-jean/what-learned-in-the-amber-guyger-murder-trial/287-08dc486a-3dee-4f3e-ab51-ed4eb61f3387 |access-date=March 14, 2025 |publisher=WFAA |location=Dallas, Texas |language=en-US}} Guyger walked to Jean's apartment, which she would later say she thought was her own, although there were prominent visual clues that she was on the wrong floor, including the distinctive red doormat outside Jean's apartment and the absence of a large planter like the one outside her apartment.
Attempting to unlock the door, she noticed it was ajar;{{cite web|url=https://www.cbsnews.com/news/amber-guyger-verdict-guilty-verdict-delivered-in-ex-dallas-police-officer-trial-today-live-updates-2019-10-01/|title=Ex-Dallas cop found guilty of murder in neighbor's death|date=October 2019 |publisher=CBS News}} although apartment doors at the complex had automatic electronic locks, the one on Jean's door was defective and did not always latch if the door was not closed forcibly. She entered the apartment and found Jean sitting in his living room eating ice cream, unarmed, with his laptop open and turned on.{{Cite news |last1=Ortiz |first1=Erik |last2=Johnson |first2=Alex |date=October 2, 2019 |title=Amber Guyger sentenced to 10 years for murdering neighbor Botham Jean |publisher=NBC News |url=https://www.nbcnews.com/news/us-news/amber-guyger-sentencing-resumes-after-murder-conviction-death-botham-jean-n1061146 |access-date=October 6, 2019 |quote="Guyger is white, and Jean, a native of the island nation of St. Lucia who moved to Dallas for a job with PricewaterhouseCoopers, was black. His death stoked protests, led to Guyger's firing and renewed conversations about police use of force and racial bias."}}{{Cite news |last=Allyn |first=Bobby |date=October 1, 2019 |title=Ex-Dallas Officer Who Killed Man In His Own Apartment Is Found Guilty Of Murder |publisher=NPR |url=https://www.npr.org/2019/10/01/765788338/ex-dallas-officer-who-killed-neighbor-in-upstairs-apartment-found-guilty-of-murd |access-date=October 6, 2019}} Although their apartments had the same floorplan, Jean's apartment had more furniture, including a coffee table and ottoman in front of the couch, and his television was substantially larger. Guyger fired her handgun twice at Jean, striking him in the chest.{{cite web |title=Amber Guyger found guilty of murder at trial in fatal shooting of neighbor Botham Jean |date=October 2019 |url=https://www.nbcnews.com/news/us-news/amber-guyger-found-guilty-murder-trial-fatal-shooting-neighbor-botham-n1060506 |access-date=March 12, 2022 |publisher=NBC News |language=en}} She would later testify that she believed him to be an intruder,{{Cite news|url=https://www.nytimes.com/2019/10/01/us/amber-guyger-trial-verdict-botham-jean.html|title=Former Dallas Police Officer Is Guilty of Murder for Killing Her Neighbor|first1=Marina Trahan|last1=Martinez|first2=Sarah|last2=Mervosh|first3=John|last3=Eligon|newspaper=The New York Times|date=October 2, 2019}} and that she feared he would kill her.{{Cite news |url=https://www.cbsnews.com/news/amber-guyger-verdict-guilty-verdict-delivered-in-ex-dallas-police-officer-trial-today-live-updates-2019-10-01/ |title= Ex-Dallas cop found guilty of murder in neighbor's death |last=Donaghue |first=Erin |date=October 1, 2019 |publisher=CBS |access-date=October 6, 2019}} Guyger telephoned 9-1-1 at 9:59 pm.{{cite news| last=Mitchell | first=Mitch | title=Lead investigator doesn't believe Amber Guyger's killing of Botham Jean was a crime |work=Fort Worth Star-Telegram | date=25 September 2019 | url=https://www.star-telegram.com/news/local/crime/article235457107.html | access-date=15 October 2023}} Jean was taken to a nearby hospital, where he died from his wound. The Texas Rangers investigated the shooting, which led to Guyger's arrest three days later.{{Cite news |url = https://www.dallasnews.com/news/crime/2018/09/13/evidence-botham-jeans-home-supports-officer-amber-guygers-account-shot-across-room-officials-say |title = Evidence Released in Botham Jean Slaying Prompts Allegations of 'Smear Campaign' |first = Jennifer |last = Emily |date = September 14, 2018 |work = The Dallas Morning News |access-date = October 3, 2019}}
Guyger was initially charged with manslaughter, but was later charged with murder. The initial charge of manslaughter and the racial aspect of the shooting resulted in protests in the following days.
The Dallas Police Department placed Guyger on paid administrative leave after the shooting. The department fired her on September 24, 2018.{{Cite news
|url = https://www.bbc.com/news/world-us-canada-45632941
|title = Dallas Officer Fired for Killing Innocent Man in His Own Apartment
|date = September 24, 2018
|work=BBC News
|access-date = October 3, 2019}}
Victim
{{Infobox person
| name = Botham Jean
| image =
| alt =
| caption =
| birth_name = Botham Shem Jean
| birth_date = {{birth date|1991|09|29}}{{cite web|url=https://www.wfaa.com/article/news/special-reports/botham-jean/who-is-botham-jean-dallas-man-shot-by-police-officer/287-85bb2e3e-8bf8-4932-931a-6ef63a483f4f|title=Who is Botham Jean? Dallas man shot by police officer was more than his death|publisher=WFAA|date=September 21, 2019}}
| birth_place = Castries, Saint Lucia
| death_date = {{death date and age|2018|09|06|1991|09|29}}
| death_cause = Gunshot wound
| death_place = Dallas, Texas, U.S.
| nationality =
| other_names =
| spouse =
| occupation = Accountant
| known_for = Murder victim
}}
Botham Shem Jean, a 26-year-old Black man, was a Harding University alumnus and an accountant for PwC. Jean was born in Saint Lucia.{{ r | DN_1 | p=1 | q="After the verdict, Ben Crump, an attorney for the Jean family, said 26-year-old Jean was a "near perfect" person. "This jury had to make history in America today, because Botham was the best that we had to offer," Crump said. "Twenty-six-year old, college-educated black man, certified public accountant, working for one of the big three accounting firms in the world, PricewaterhouseCoopers." "But it shouldn't take all of that for unarmed black and brown people in America to get justice," Crump said." }}{{cite web|url=https://www.dallasnews.com/news/courts/2019/09/24/jurors-in-amber-guyger-s-murder-trial-watch-officers-desperate-efforts-to-revive-botham-jean/|title=Jurors in Amber Guyger's murder trial watch officers' desperate efforts to revive Botham Jean|date=September 24, 2019|website=Dallas News}}
Following the shooting, an attorney representing Jean's family accused the Dallas Police Department of attempting to smear Jean's reputation by publicizing a police affidavit showing that police seized {{convert|0.368|oz|g}} of marijuana from Jean's apartment.{{Cite news|url=https://www.cbsnews.com/news/botham-jean-shooting-amber-guyger-search-warrant-drug-paraphernalia-marijuana-today-2018-09-13/|title=Dallas police accused of smearing man killed by cop in his own apartment|publisher=CBS News|date=September 14, 2018|access-date=September 14, 2018|language=en}} The lawyers also disputed the account of the incident that Guyger told officials, which was recorded in the arrest warrant affidavit, and asserted that two independent witnesses had come forward to give recollections that conflicted with Guyger's account. An attorney for Jean's family asserted that witnesses claimed to have heard knocking on the door to Jean's apartment and that they had heard a woman's voice saying "Let me in, let me in."{{Cite news|url=https://www.dallasnews.com/news/dallas-police/2018/09/10/affidavit-amber-guyger-says-saw-silhouette-heading-dark-apartment-shot-silhouette-after-commands-ignored|title=Victim's family disputes official account of the moments before Amber Guyger shot Botham Jean|date=September 10, 2018|work=Dallas News|access-date=September 14, 2018|language=en}}
Perpetrator
{{Infobox criminal
| name = Amber Guyger
| image =
| image_upright =
| image_size =
| alt =
| caption =
| birth_name =
| birth_date = {{birth date and age|1988|08|09}}
| birth_place = Dallas, Texas, U.S.
| residence =
| education =
| alma_mater =
| occupation = Former police officer
| employer = Dallas Police Department
| conviction_penalty = 10 years in prison
(5 years non-parole)
| conviction_status = Imprisoned
| motive = Mistaken identity
| conviction = Murder
| date = September 6, 2018
| victims = Botham Jean (killed)
| weapon = Handgun
| imprisoned =
}}
Amber Renée Guyger (born August 9, 1988){{cite web|url=https://www.cbsnews.com/news/dallas-officer-amber-guyger-manslaughter-charge-botham-jean-fatal-shooting-apartment-2018-09-09/|title=Dallas officer faces manslaughter charge in fatal shooting of neighbor|date=September 10, 2018 |publisher=CBS News}} was 30 years old at the time of the shooting. She had been with the Dallas Police Department for almost five years.
Criminal trial
On November 30, 2018, Guyger was indicted on murder charges by a Dallas County grand jury.{{Cite news|url=https://www.wfaa.com/article/news/special-reports/botham-jean/sources-fired-cop-amber-guyger-indicted-on-a-murder-charge-in-botham-jean-killing/619078538|title=Sources: Fired cop Amber Guyger indicted on a murder charge in Botham Jean killing|date=November 30, 2018|publisher=WFAA|language=en|access-date=November 30, 2018}} On September 22, 2019, the day before the trial began, Dallas County District Attorney John Creuzot took part in an interview regarding the trial in spite of a gag order issued by Judge Tammy Kemp in January of that year. After questioning jurors, who reported that they had not seen the interview or other media coverage of the trial, Kemp denied the defense's motion for a mistrial, and sequestered the jury.{{Cite news|url=https://www.dallasnews.com/news/courts/2019/09/23/dallas-county-da-spoke-about-amber-guyger-case-on-eve-of-murder-trial-much-to-judge-s-dismay/|title=Sources: Dallas County DA spoke about Amber Guyger case on eve of murder trial — much to judge's dismay|date=September 23, 2019|work=Dallas News|language=en|access-date=September 23, 2019}}
Manslaughter charges would have merely required proof of recklessness, while murder charges require proof that the defendant intended to cause either great bodily harm or death (with death resulting). The prosecutors alleged criminal intent for two reasons: firstly, they said her arrival at the wrong apartment (on the wrong floor) was not caused by tiredness, but rather caused by the conversation she had immediately prior with her lover trying to arrange a meeting that night, and secondly that she did not follow standard police protocol of not entering a building with a potential burglar inside and instead calling for backup from the police station, which was only two blocks away.{{ r | NPRguilty | p=1 | q=To prosecutors, Guyger's distraction led to a crime. Just before Guyger entered Jean's apartment, she had a 16-minute phone conversation with a fellow officer, Martin Rivera. Authorities say the two had a romantic relationship and that they had been swapping sexually explicit messages. Prosecutors argued that Guyger was so absorbed with those communications that she was too preoccupied to realize she was heading toward the wrong apartment. In cross-examining Guyger, prosecutors emphasized that her training as a police officer should have informed her to back away from the door, hide and call for backup if she had suspected an intruder. Guyger had her police radio, and she lives just two blocks from police headquarters, so she could have had other officers arrive quickly, prosecutors pointed out. Had she done that, Guyger was asked, might Jean be alive today? "Yes, sir," she said. }}{{cite news |title=Weeping on the stand, Amber Guyger yells 'keep going!' at the lawyer|date=September 27, 2019| url=https://www.mercurynews.com/2019/09/27/weeping-on-the-stand-amber-guyger-yells-keep-going-at-the-lawyer/| quote=Guyger said she mistakenly thought she had parked on her own level in her apartment building's parking garage. 'I kept thinking I was so lucky' for finding a spot next to the entry door, she said, making it easier to carry her gear into her apartment.}}
On October 1, 2019, Guyger was found guilty of murder.{{cite web |title=Amber Guyger found guilty of murder at trial in fatal shooting of neighbor Botham Jean |date=October 2019 |url=https://www.nbcnews.com/news/us-news/amber-guyger-found-guilty-murder-trial-fatal-shooting-neighbor-botham-n1060506 |publisher=NBC News |language=en}} The jury deliberated for six hours to reach the verdict of murder. The jurors also considered the lesser charge of manslaughter. She was the first Dallas police officer to be convicted of murder since the 1973 murder of Santos Rodriguez.
On October 2, 2019, Guyger was sentenced to 10 years in prison after the jury deliberated for an hour.{{cite web|url=https://abcnews.go.com/US/jury-deciding-sentence-police-officer-amber-guyger-wrong/story?id=66002182|title=Victim's brother hugs ex-cop after sentencing in wrong-apartment murder|website=ABC News}} During the sentencing hearing, Jean's mother Allison provided emotional testimony and some of Guyger's text messages and social media posts that were "racist and offensive" were shared.{{cite web|url=https://www.nbcnews.com/news/crime-courts/amber-guyger-sentencing-resumes-after-murder-conviction-death-botham-jean-n1061146|title=Amber Guyger sentenced to 10 years for murdering neighbor in his apartment|date=October 3, 2019 |publisher=NBC News}} Jean's younger brother Brandt forgave and hugged Guyger during her sentencing. Jean's father Bertrum also stated that he forgave Guyger but had wanted a stiffer sentence. {{cite news |last1=Simon |first1=Darran |title=Botham Jean's brother hugs the former police officer who killed him |url=https://edition.cnn.com/2019/10/02/us/botham-jean-brother-amber-guyger-hug/index.html |access-date=October 4, 2019 |publisher=CNN |date=October 3, 2019}}{{cite news |last1=Knowles |first1=Hannah |title=Amber Guyger was hugged by her victim's brother and a judge, igniting a debate about forgiveness and race |url=https://www.washingtonpost.com/nation/2019/10/03/judge-botham-jeans-brother-hugged-amber-guyger-igniting-debate-about-forgiveness-race/ |access-date=October 4, 2019 |newspaper=The Washington Post |date=October 4, 2019}}{{cite news |last1=Pengelly |first1=Martin |title=Botham Jean's father: I forgive Amber Guyger but I wanted stiffer sentence |url=https://www.theguardian.com/us-news/2019/oct/03/botham-jean-amber-guyger-murder-dallas-texas |access-date=October 4, 2019 |work=The Guardian |date=October 4, 2019}}{{cite news |last1=Chappell |first1=Bill |last2=Gonzales |first2=Richard |title=Brandt Jean's Act Of Grace Toward His Brother's Killer Sparks A Debate Over Forgiving |url=https://www.npr.org/2019/10/03/766866875/brandt-jeans-act-of-grace-toward-his-brother-s-killer-sparks-a-debate-over-forgi |access-date=October 4, 2019 |publisher=NPR |date=October 3, 2019}}
Guyger's legal bills were paid by the Dallas Police Association, a police union which serves Dallas officers.{{cite news |title=Diversity Of Amber Guyger Murder Trial Jury Seen As Key Factor In Conviction |url=https://www.cbsnews.com/dfw/news/diversity-amber-guyger-murder-trial-jury-conviction/ |access-date=21 February 2023 |publisher=CBS News |date=October 4, 2019}}
On October 16, 2019, Guyger's attorneys filed a notice of appeal requesting a new trial.{{cite news |last=Clarraidge |first=Emerson |date=October 22, 2019 |title=Former Dallas officer Amber Guyger's defense files notice to appeal murder conviction |url=https://www.star-telegram.com/news/local/crime/article236536093.html |work=Fort Worth Star Telegram |access-date=October 23, 2019 }}{{cite news |last=Jacabo |first=Julia |date=October 22, 2019 |title=Attorney for convicted wrong-apartment shooter Amber Guyger files notice of appeal |url=https://abcnews.go.com/US/amber-guygers-attorney-files-notice-appeal-conviction/story?id=66471108&cid=clicksource_4380645_null_card_hed |publisher=NBC News |access-date=October 23, 2019 }} On August 7, 2020, Guyger's attorneys filed an appeal, alleging that insufficient evidence existed to convict her of murder. The appeal sought either an acquittal, or a reduction in charge to criminally negligent homicide with a new hearing for sentencing on the reduced charge.{{cite news |date=August 7, 2020 |title=Attorneys for former Dallas police officer Amber Guyger file appeal in Botham Jean murder case |url=https://www.cnn.com/2020/08/07/us/amber-guyger-botham-jean-appeal/index.html |publisher=CNN |access-date=August 10, 2020 }} On August 5, 2021, the Fifth Court of Appeals of Texas upheld Guyger's murder conviction, unanimously holding that the jury verdict was reasonable and Guyger's own testimony supported the murder charge.{{cite court |litigants=Guyger v. State |vol= |reporter= |opinion=No. 05-19-01236-CR |court=Tex. App. |date=2021-08-05 |url= https://scholar.google.com/scholar_case?case=18437421383119855939}}{{cite news |url= https://apnews.com/article/shootings-dallas-535ca63ce69aa9304d131c5febc1f7d9 |title= Appeals court upholds murder conviction of ex-Dallas officer |date=August 5, 2021 |accessdate=August 5, 2021}} On November 17 of that year, the court withdrew its previous opinion, but again upheld her murder conviction using similar reasoning, stating that her defense that she had unknowingly entered the wrong apartment did not justify the lesser charge of criminally negligent homicide.{{cite court |litigants=Guyger v. State|vol= |reporter= |opinion=No. 05-19-01236-CR |court=Tex. App. |date=2021-11-17 |url= https://scholar.google.com/scholar_case?case=13011051360237471208}}{{cite news |last=Prosser |first=Maggie |date=November 18, 2021 |title=Dallas appeals court again upholds Amber Guyger's conviction for the murder of Botham Jean |work=The Dallas Morning News |location=Dallas, Texas |url=https://www.dallasnews.com/news/courts/2021/11/18/dallas-appeals-court-again-upholds-amber-guygers-conviction-for-the-murder-of-botham-jean/ |url-access=limited |access-date=November 18, 2021 |quote=“That she was mistaken as to Jean’s status as a resident in his own apartment or a burglar in hers does not change her mental state from intentional or knowing to criminally negligent,” the justices wrote. The justices made a similar statement in their ruling on her first appeal.}} Her appeal to the Texas Court of Criminal Appeals, the court of last resort for criminal cases in the state, was denied.{{cite court |litigants=Guyger v. State |vol=653 |reporter=S.W.3d |opinion=123 |court=Tex. Crim. App. |date=2022-03-30 |url= https://scholar.google.com/scholar_case?case=6723602203763887995}}{{cite web |date=March 30, 2022 |title=Court upholds conviction, sentence of Amber Guyger, ex-Dallas officer who murdered Botham Jean |url=https://www.dallasnews.com/news/courts/2022/03/30/court-upholds-conviction-sentence-of-amber-guyger-ex-dallas-officer-who-murdered-botham-jean/ |access-date=April 14, 2022 |website=Dallas News |language=en}}
Guyger is currently imprisoned in the Patrick O'Daniel Unit (formerly the Mountain View Unit).{{Cite web |url=https://offender.tdcj.texas.gov/OffenderSearch/offenderDetail.action?sid=13546830 |title=Texas Department of Criminal Justice Offender Search |access-date=June 11, 2020 |archive-date=June 11, 2020 |archive-url=https://web.archive.org/web/20200611055336/https://offender.tdcj.texas.gov/OffenderSearch/offenderDetail.action?sid=13546830 |url-status=dead }} She was eligible for release in September 2024, after serving half her sentence, although her full sentence runs until September 2029.{{cite web |last1=Keller |first1=Aaron |title=Texas Court of Appeals Upholds Ex-Cop Amber Guyger's Conviction for Murdering Botham Jean in His Apartment |date=August 6, 2021 |url=https://lawandcrime.com/live-trials/live-trials-current/amber-guyger/texas-court-of-appeals-upholds-ex-cop-amber-guygers-conviction-for-murdering-botham-jean-in-his-apartment/?ICID=ref_fark |publisher=Dan Abrams |access-date=August 7, 2021}} Guyger was denied parole in October 2024.{{Cite web |last=Myers |first=Doug |last2=Hudson |first2=Giles |date=2024-10-11 |title=Former Dallas police officer Amber Guyger denied parole for Botham Jean murder - CBS Texas |url=https://www.cbsnews.com/amp/texas/news/former-dallas-police-officer-amber-guyger-denied-parole-six-years-after-murder/ |access-date=2024-10-13 |website=www.cbsnews.com |language=en-US}} She will be eligible for release again in 2026.{{Cite web |date=2024-10-10 |title=Ex-Dallas cop Amber Guyger denied parole after serving half of murder sentence |url=https://www.dallasnews.com/news/courts/2024/10/10/ex-dallas-cop-amber-guyger-denied-parole-after-serving-half-of-murder-sentence/ |access-date=2024-10-11 |website=Dallas News |language=en}}
=Controversy regarding police car camera=
After the shooting, Guyger was detained and placed in the patrol car of Dallas police sergeant Breanna Valentine, who was then approached by Sergeant Mike Mata, Valentine's superior and president of the Dallas Police Association. Mata told Valentine to shut off the in-car camera, which recorded sound, so that he and Guyger could talk privately, and Valentine complied. Mata testified at Guyger's trial that turning off the camera was standard procedure intended to protect Guyger's attorney–client privilege, as she was planning to call her attorney.{{cite news| last1=Smith |first1=LaVendrick |last2=Emily |first2=Jennifer |last3=Jaramillo |first3=Cassandra |last4=Branham |first4=Dana| title=Police treated Amber Guyger special on night of shooting, prosecutor argues |url=https://www.dallasnews.com/news/crime/2019/09/24/police-treated-amber-guyger-special-on-night-of-shooting-prosecutor-argues/ |work=The Dallas Morning News |location=Dallas, Texas |date=September 24, 2019 |access-date=February 18, 2025 |url-access=limited |quote=Officers can terminate a recording when there is no likelihood of "anything else evidentiary or law enforcement value occurring." It is a violation of the department's general orders for "an officer to fail to activate the body worn camera or intentionally terminate a recording in order to commit a violation of the department policy or law."}}{{cite news|last=Briggs |first=Shakari |work=Spectrum News 1 Austin |location=Austin, Texas |title=Abbott signs Botham Jean Act into law, increasing police accountability |url=https://spectrumlocalnews.com/tx/south-texas-el-paso/news/2021/06/17/abbott-signs-botham-jean-act-into-law--increasing-police-accountability- |date=June 17, 2021 |access-date=February 19, 2025}}{{cite news |last=Rabb |first=Shaun |title=Dallas Police Association president denies any wrongdoing in Amber Guyger case |url=https://www.fox4news.com/news/dallas-police-association-president-denies-any-wrongdoing-in-amber-guyger-case |work=KDFW |location=Dallas, Texas |date=October 3, 2019 |access-date=February 19, 2025}} Guyger's defense attorney endorsed Mata's statement, but prosecutors disputed whether it was appropriate or normal to turn off the camera, saying that Guyger was given special treatment because she was a police officer. Valentine testified that she sequestered Guyger in the patrol car to isolate her from the situation, but surveillance footage showed Mata allowing Guyger to exit the patrol car afterwards, talking to her, and allowing her to interact with friends and other officers.
Dallas police policies at the time allowed an officer to turn off recording devices when, in the officer's judgment, there was no likelihood of "anything else evidentiary or law enforcement value occurring." Jean's family and community members said that turning off the camera led to a loss of evidence. Valentine testified that she would not have turned it off if she had realized that Guyger was off-duty when the shooting occurred. Mata denied wrongdoing and said that he welcomed an investigation by internal affairs. In July of 2020, prosecutors referred Mata to grand jury for tampering with evidence, but the jury declined to indict him. A Dallas police spokesman said that an internal investigation into Mata's conduct would continue. Mata declined to comment to the Dallas Morning News.{{cite news| last=Branham |first=Dana| title=Grand jury declines to indict Dallas Police Association president, who faced tampering allegations in Guyger case |url=https://www.dallasnews.com/news/courts/2020/07/28/grand-jury-declines-to-indict-dallas-police-association-president-mike-mata-over-tampering-allegations/ |work=The Dallas Morning News |location=Dallas, Texas |date=July 28, 2020 |access-date=February 19, 2025 |url-access=limited}}
=Controversies involving witnesses=
On January 31, 2019, ABC News reported that a female witness—identified only as "Bunny" — had taken a video of Guyger's actions immediately after the shooting. The witness claimed to have been harassed and threatened by unidentified Internet trolls after providing the video to the Dallas County District Attorney's Office and later posting it on social media.{{cite web|url=https://abcnews.go.com/US/neighbor-filmed-aftermath-shooting-botham-jean-received-death/story?id=60750902|title=Neighbor who filmed wrong apartment shooting aftermath says she's had death threats |date=January 31, 2019|last=Jacobo|first=Julia|website=ABC News|language=en|access-date=October 6, 2019|quote=Bunny said her employer let her go, explaining that they "didn't want their company associated with a high-profile case."... ABC News could not independently confirm her claims that she was fired, or, if so, why.}}
On October 4, 2019, key prosecution witness and Jean's across-the-hall neighbor, Joshua Brown, was shot and killed in the parking lot{{cite web|url=https://www.cbsnews.com/dfw/news/joshua-brown-killed-dallas-atera-apartments-witness-amber-guyger-trial/|title=Joshua Brown, Prosecution Witness In Amber Guyger Murder Trial, Fatally Shot At Dallas Apartment Complex|website=CBS News |date=October 5, 2019|language=en-US|access-date=October 6, 2019}} of another apartment complex he had moved to, about {{convert|5|mi|km}} from where Jean and Guyger had lived.{{cite web|url=https://www.vox.com/identities/2019/10/6/20901317/amber-guyger-botham-jean-witness-joshua-brown|title=Joshua Brown, a key witness in the murder trial against Amber Guyger, was fatally shot|first=Anya van|last=Wagtendonk|date=October 6, 2019|website=Vox}}{{cite web|url=https://heavy.com/news/2019/10/joshua-brown-south-side-flats/|title=Joshua Brown Shot About 5 Miles from South Side Flats, Where Botham Jean Lived|first=Stephanie Dube|last=Dwilson|date=October 6, 2019}} Witnesses could not describe the shooter or shooters, only the vehicle they drove.{{cite news | url=https://www.nbcdfw.com/news/local/Man-Fatally-Shot-at-Dallas-Apartment-Complex-562267151.html | title=Witness in Guyger Trial Shot, Killed Friday Night |author= |newspaper=NBC 5 Dallas-Fort Worth |publisher=KXAS-TV |date=October 7, 2019 |access-date=January 18, 2021}}
On October 8, Dallas police announced that they had identified three suspects in Brown's killing and had arrested one of them, and that the suspects were engaged in a drug deal with Brown when he was shot.{{cite news |last=Allyn |first=Bobby |date= October 8, 2019|title=Dallas Police: Key Witness In Guyger Trial Was Killed In Drug Deal That Turned Deadly |url= https://www.npr.org/2019/10/08/768333875/dallas-police-key-witness-in-guyger-trial-was-killed-in-drug-deal-that-turned-de|publisher=NPR |location=Washington DC |access-date=October 8, 2019 }} A search of Brown's apartment yielded {{convert|12|lb|kg}} of marijuana, {{convert|5.04|oz|g}} of THC cartridges and $4,000 in cash; however, advocates questioned police claims that the three men had traveled {{convert|300|mi|km}} from Alexandria, Louisiana, to purchase drugs from Brown, and an attorney representing Brown's family called for an independent investigation by another agency. Dallas Assistant Police Chief Avery Brown denied that Joshua Brown's death was related to Guyger's trial.{{cite news |first1=Brittany |last1=Shammas |first2=Reis |last2=Thebault |date=October 8, 2019 |title= Police name suspects, deny wrongdoing in death of Amber Guyger witness Joshua Brown|url=https://www.washingtonpost.com/nation/2019/10/08/three-suspects-identified-shooting-death-amber-guyger-witness-joshua-brown-police-say/ |newspaper= The Washington Post|access-date=May 25, 2020 }} A second suspect was arrested the next day,{{cite web|url=https://www.nbcnews.com/news/us-news/joshua-brown-murder-arrest-made-death-witness-amber-guyger-trial-n1063836|title=Second arrest made in murder of witness in Amber Guyger murder trial|date=October 9, 2019 |publisher=NBC News}} and on December 8, all three men were indicted on charges of capital murder, although one of them remained at large.{{cite web|url=https://www.dallasnews.com/news/crime/2019/12/08/3-men-indicted-on-capital-murder-charges-in-slaying-of-joshua-brown-witness-in-amber-guygers-trial/|title=3 men indicted on capital murder charges in slaying of Joshua Brown, witness in Amber Guyger's trial|date=December 8, 2019|website=Dallas News}}
Civil trial
On November 20, 2024, a civil trial jury awarded Jean's family $98.65 million, including about $60 million in punitive damages and $38.6 million in compensatory damages, in a wrongful death claim against Guyger—a figure nearly double what the family sought.{{cite news|url=https://www.fox4news.com/news/amber-guyger-botham-jean-civil-trial-verdict|title=Botham Jean's family awarded nearly $100M in civil wrongful death case|first=Shaun|last=Robb|publisher=KDFW|location=Dallas, Texas|date=November 20, 2024|accessdate=November 22, 2024}} The family said that Dallas police inadequately trained Guyger and also named the city of Dallas as a defendant, but the city was dismissed from the lawsuit, leaving Guyger solely responsible for paying the damages.{{cite news|url=https://www.wfaa.com/article/news/local/dallas-county/jury-deliberates-amber-guyger-civil-trial/287-a6db7ffd-60b9-4d05-91e2-30447dc97c0f|title=Amber Guyger ordered to pay Botham Jean's family more than $98M in damages in civil case|first1=Rachel|last1=Snyder|first2=Cole|last2=Sullivan|publisher=WFAA|location=Dallas, Texas|date=November 20, 2024|accessdate=November 22, 2024}} Guyger initially represented herself but did not appear at trial and declined to provide legal representation. The family said it will donate any damages they receive to the Botham Jean Foundation, potentially including the proceeds from any film or book deals made by Guyger. The family acknowledged they are unlikely to receive the full amount.
Memorials
File:Botham Jean Blvd - Dallas Police HQ - June 2021 - 01.jpg
On January 13, 2021, the Dallas City Council unanimously voted to rename approximately {{convert|4|mi|km}} of South Lamar Street from Interstate 30 to South Central Expressway (S.M. Wright Freeway) as Botham Jean Boulevard. The street passes Jean's former apartment and Dallas police headquarters.{{cite news |last=Bailey |first=Everton Jr. |date=January 13, 2021 |title=Dallas City Council approves renaming street in memory of Botham Jean |url=https://www.dallasnews.com/news/politics/2021/01/13/dallas-city-council-approves-renaming-street-in-memory-of-botham-jean/ |url-access=limited |work=The Dallas Morning News |location=Dallas, Texas |access-date=January 14, 2021 }}
As a reaction to the controversy over the police car camera, Texas state representative Carl O. Sherman sponsored Texas House Bill 929, known as the Botham Jean Act, to enhance police accountability. The Act made it illegal for police to disable body cameras at any time during their active participation in an investigation. It also requires that law enforcement policies regarding body cameras include stipulations about collecting the camera, video recording, and audio recording as evidence. The Act took effect in September 2021.{{Cite web |title=87(R) HB 929 - House Committee Report version - Bill Text |url=https://capitol.texas.gov/tlodocs/87R/billtext/html/HB00929H.htm#:~:text=This%20Act%20takes%20effect%20September%201,%202021. |access-date=2024-10-11 |website=capitol.texas.gov}}
The 2020 short film Two Distant Strangers included Jean's name in a list of Black Americans killed whilst interacting with police throughout the United States. The film highlights this issue, with a Black American stuck in a time loop where he is repeatedly and variously killed by a police officer.
See also
References
{{Reflist|refs=
{{ cite news | url=https://www.npr.org/2019/10/01/765788338/ex-dallas-officer-who-killed-neighbor-in-upstairs-apartment-found-guilty-of-murd | title=Ex-Dallas Officer Who Killed Man In His Own Apartment Is Found Guilty Of Murder | last=Allyn | first=Bobby | publisher=NPR | date=October 1, 2019 | access-date=October 2, 2019 | archive-url=https://web.archive.org/web/20191001203543/https://www.npr.org/2019/10/01/765788338/ex-dallas-officer-who-killed-neighbor-in-upstairs-apartment-found-guilty-of-murd | archive-date=October 1, 2019 | url-status=live }}
{{ cite news | url=https://www.dallasnews.com/news/courts/2019/10/01/jurors-begin-second-day-deliberations-amber-guygers-murder-trial/ | title=Amber Guyger convicted of murder for killing Botham Jean; sentencing phase to continue Wednesday | last1=Emily | first1=Jennifer | last2=Smith | first2=LaVendrick | last3=Branham | first3=Dana | newspaper=The Dallas Morning News | date=October 1, 2019 | access-date=October 2, 2019 | archive-url=https://web.archive.org/web/20191002113518/https://www.dallasnews.com/news/courts/2019/10/01/jurors-begin-second-day-deliberations-amber-guygers-murder-trial/ | archive-date=October 2, 2019 | url-status=live }}
}}
{{Black Lives Matter}}
{{Dallas Police Department|state=autocollapse}}
{{authority control}}
{{DEFAULTSORT:Jean, Botham}}
Category:2018 controversies in the United States
Category:2018 murders in the United States
Category:September 2018 crimes in the United States
Category:Dallas Police Department
Category:African Americans shot dead by law enforcement officers in the United States
Category:September 2018 in the United States
Category:21st-century American trials
Category:Murders by law enforcement officers in the United States