#HTE

Off-duty police officer mistakenly enters neighbor’s apartment and shoots its owner to death

On September 6, 2018 an off-duty Dallas police officer fatally shoots an unarmed Black man in the victim’s own apartment. 

Returning to her apartment complex in Dallas, Texas, police officer Amber Guyger entered the apartment of Botham Jean, believing it to be her own. The apartment door was ajar, she later testified, and when she entered she found a man inside. She fired her weapon, killing him.

Guyger was not arrested until three days later and was originally charged with manslaughter, rousing the anger of the public. She was eventually charged with murder. 

Guyger claimed that exhaustion after a 13-hour shift caused her to mistakenly climb an extra flight of stairs and enter the wrong apartment, where she became frightened when she saw the silhouette of what she believed to be a burglar in what she believed to be her home. She also claimed that told him to raise his hands and that he began to move toward her before she shot him in the chest. 

Prosecutors, however, argued that Guyger could hardly have confused a different door with a different doormat on a different level of the complex for her own, that Jean’s behavior—he was sitting on the couch eating ice cream—bore no resemblance to that of a burglar, and that Guyger broke police protocol by entering the apartment and firing her gun rather than calling for backup from the nearby police station.

Despite the judge’s decision to allow the jury to consider the “castle doctrine,” a Texas statute that justifies deadly force in defense of one’s home, the jury found Guyger guilty of murder, a charge she appealed. Guyger was the first Dallas police officer to be convicted of murder since 1973. 

https://www.history.com/this-day-in-history/murder-of-botham-jean-amber-guyger