Court to hear appeal of Dallas officer who killed neighbor

National News

A Texas court is scheduled to hear arguments Tuesday on overturning the conviction of a former Dallas police officer who was sentenced to prison for fatally shooting her neighbor in his home.

An attorney for Amber Guyger and prosecutors are set to clash before an appeals court over whether the evidence was sufficient to prove that her 2018 shooting of Botham Jean was murder.

The hearing before a panel of judges will examine a Dallas County jury’s  2019 decision to sentence Guyger to 10 years in prison for murder. It follows the recent conviction of a former Minneapolis police officer who was found guilty of murdering George Floyd, again focusing national attention on police killings and racial injustice.

Guyger is not expected to appear in court Tuesday and the appeals panel will hand down a decision at an unspecified later date.

More than two years before Floyd’s death set off protests across the country, Guyger’s killing of Jean drew national attention because of the strange circumstances and because it was one in a string of shootings of Black men by white police officers.

The basic facts of the case were not in dispute. Guyger, returning home from a long shift, mistook Jean’s apartment for her own, which was on the floor directly below his. Finding the door ajar, she entered and shot him, later testifying that she through he was a burglar.

Jean, a 26-year-old accountant, had been eating a bowl of ice cream before Guyger shot him. She was later fired from the Dallas Police Department.

The appeal from Guyger, now 32, hangs on the contention that her mistaking Jean’s apartment for her own was reasonable and, therefore, so too was the shooting. Her lawyers have asked the appeals court  to acquit her of murder or to substitute in a conviction for criminally negligent homicide, which carries a lesser sentence.

In court filings, Dallas County prosecutors countered  that Guyger’s error doesn’t negate “her culpable mental state.” They wrote, “murder is a result-oriented offense.”

Jean’s mother, Allison Jean, told the Dallas Morning News that the appeal has delayed her family’s healing.

”I know everyone has a right of appeal, and I believe she’s utilizing that right,” Jean said. “But on the other hand, there is one person who cannot utilize any more rights because she took him away.

“So having gotten 10 years, only 10, for killing someone who was in the prime of his life and doing no wrong in the comfort of his home, I believe that she ought to accept, take accountability for it and move on,” she said.

Guyger could have been sentenced to up to life in prison or as little as two years. Prosecutors had requested a 28-year sentence ? Botham Jean would have been 28 if he were still alive during the trial.

Under her current sentence, Guyger will become eligible for parole in 2024, according to state prison records.

Following the trial, two members of the jury said the diverse panel tried to consider what the victim would have wanted when they settled on a 10-year prison sentence.

Jean ? who went by “Bo” ? sang in a church choir in Dallas and grew up in a devout family on the island nation of St. Lucia. After sentencing, Brandt Jean embraced Guyger in court and told her his older brother would have wanted her to turn her life over to Christ. He said if she asked God for forgiveness, she would get it.

Related listings

  • Court rules Norman violated FOIA when approving budget

    Court rules Norman violated FOIA when approving budget

    National News 04/14/2021

    The city of Norman violated the state’s Open Meeting Act when it approved a budget that cut the police budget by $865,000, the Oklahoma Supreme Court ruled Tuesday.The court upheld a circuit judge’s December ruling that a required notice ...

  • Courts wrestle with whether manslaughter is always violent

    Courts wrestle with whether manslaughter is always violent

    National News 03/06/2021

    Once annually, sometimes less, the full federal appeals court in New York meets to confront a perplexing legal question. Most recently, it was to decide whether shooting somebody point-blank in the face and stabbing somebody to death are violent acts...

  • Planned Parenthood sues to block South Carolina abortion ban

    Planned Parenthood sues to block South Carolina abortion ban

    National News 02/18/2021

    Planned Parenthood was filing a lawsuit Thursday against a bill that would ban most abortions in South Carolina, effectively stopping the measure from going into effect even as the governor was scheduled to sign it into law at a public statehouse cer...

Workers’ Compensation Subrogation of Administrative Fees and Costs

When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.

In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.

In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.

Business News

New York Adoption and Family Law Attorneys Our attorneys have represented adoptive parents, birth parents, and adoption agencies. >> read
Garden Grove, CA Workers' Compensation Lawyers If you have suffered an injury at work in Garden Grove, we are ready to help you. >> read