Dallas, TX – Attorneys for former Dallas Police Officer Amber Guyger filed an appeal on Tuesday seeking to have her murder conviction reduced and her 10-year prison sentence reconsidered.
A Texas jury found Guyger guilty in September of 2019 of the murder of her neighbor, 27-year-old Botham Jean, after she mistook his apartment for her own and shot him believing he was a burglar.
The jury sentenced Guyger to only 10 of a possible 99 years in prison and elected not to give her any fine.
Attorneys for the former police officer filed an appeal on Aug. 4 that said there was insufficient evidence to prove Guyger had committed murder when she killed Jean, KXAS reported.
The appeal asked that Guyger’s conviction be overturned and that she be found guilty of criminally-negligent homicide instead.
“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,” defense attorneys wrote in a brief, according to the Dallas Morning News.
Texas law “requires evidence beyond a reasonable doubt that the defendant intentionally or knowingly caused the death of the complainant,” KXAS reported.
Guyger’s attorneys said she fatally shot Botham intentionally but she did so only out of belief her life was in danger.
Defense lawyers argued that her fear for her life entitled the former officer to use deadly force to protect herself, according to KXAS.
The shooting occurred on Sept. 6, 2018 after then-Officer Guyger worked 14 hours serving warrants in high crime areas of Dallas.
The exhausted officer parked on the wrong floor of the parking garage – the 4th instead of the 3rd – and proceeded into the building, where she went to the door of the apartment she believed to be her own and used her key.
The door wasn’t fully shut and opened right away.
The sound of the door opening alerted Jean, who was home alone in his apartment watching football, and he went to see what was going on at his front door.
Officer Guyger told investigators she saw the silhouette of someone in what she believed to be her own apartment, and drew her firearm because she thought she was being robbed.
She gave verbal commands that were ignored by Jean and then shot him twice.
The arrest affidavit said it wasn’t until Officer Guyger was already on the phone with 911 that she reached to turn on the lights and she realized she was not in her own apartment.
Guyger’s defense attorneys argued in their appeal that while she did knowingly shoot to kill, the then-police officer was acting out of a belief that her life was in danger and she was entitled to use deadly force against the apparent danger, KXAS reported.
The sentence for criminally-negligent homicide is 180 days to two years in jail and Guyger’s attorneys have asked that she be resentenced on the lesser charges.
Defense attorneys said Guyger would be eligible for probation from the jury for criminally-negligent homicide, KXAS reported.
It wasn’t clear when the brief, filed in the Fifth Court of Appeals, would be considered by the justices.