Dallas

2 Hours in Jail for Cop Who Killed Botham Jean. 2 Nights for People Protesting His Death.

The protesters may have broken the law, but two nights behind bars is a bit much.

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Facebook/Kaufman County Jail

Nine activists spent two nights in jail for protesting the death of Botham Jean, the Dallas man killed by a policewoman who had apparently entered his apartment by accident. The officer who killed Jean, by contrast, was released on bond within two hours of turning herself in.

Prior to Sunday night's NFL game between the Cowboys and Giants, roughly 100 protesters gathered outside AT&T Stadium in Arlington, Texas. They were protesting the recent deaths of Jean and of Oshae Terry, who an Arlington officer killed as he was fleeing a traffic stop. After the original protest ended, nine of the marchers started blocking one of the stadium's gates. They then walked to a nearby intersection and locked arms, blocking traffic.

The nine demonstrators were taken into custody on charges of obstructing a roadway. That is indeed a crime—specifically, it's a Class B misdemeanor—though it's not the sort of crime that you'd expect get someone detained for two nights. Arlington Police Sergeant Christopher Cook blames the extended stay on the fact that the Arlington police don't have the authority to set bond for Class B or higher misdemeanors. Instead, the protesters had to be transferred to Tarrant County Jail and appear before a judge. Each of the protesters had been transferred by Monday night, though they were still detained as of Tuesday morning.

Contrast that with what happened to Amber Guyger, the police officer who killed Jean. She didn't turn herself in to the authorities until September 9, nearly three days after she killed Jean. Dallas Police Chief Reneé Hall has said the arrest was delayed because the Texas Rangers, who took charge of the investigation, wanted more time. Guyger was eventually booked and charged with manslaughter, but she was released within two hours after posting the $300,000 bond. She's also been placed on paid administrative leave.

"Only in America do you get charged for a Class B misdemeanor and sit in jail for two days," activist Dominique Alexander tells KTVT. "Only in America can an officer kill someone and a person can block a street and get more time than a killer."

Guyger may, of course, end up spending much longer behind bars. It's up to a grand jury to decide what charges she'll ultimately face.

Since 2005, just 90 cops involved in fatal shootings have faced criminal charges. Of those 90, only 32 have actually been convicted, with roughly half of those convictions resulting from guilty pleas.

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93 responses to “2 Hours in Jail for Cop Who Killed Botham Jean. 2 Nights for People Protesting His Death.

  1. After the original protest ended, nine of the marchers started blocking one of the stadium’s gates. They then walked to a nearby intersection and locked arms, blocking traffic.

    Honestly, doing that is utter bullshit. Fuck your lame-ass protest if all you want to do is be a pain in the ass for everybody else.

    1. How about publicly releasing the address of the cop, along with her phone number?

      In fact, that should be the rule.

      1. Why does everyone think that extrajudicial action is the answer to everything? Courts let cops skate far too often, which is true, and this is a truly horrendous case of abuse by police, which is also true, but blocking private businesses and public streets or instigating a mob against the defendants is not going to escalate in a good direction.

        1. Extrajudicial action also includes double standards for the king and his men.

          Extrajudicial action also includes immunity for the king’s men.

          Extrajudicial action also includes cops getting bail while being denied to others alleged to have committed violent crimes.

        2. > Why does everyone think that extrajudicial action is the answer to everything?

          I know, right? I mean, just wait for the judicial process to unfold. America has the best court system in the world, and never, EVER gets it wrong, and if it does get it wrong, it automatically corrects itself and no one is ever unjustly harmed. /sarc

          i just wish that the extrajudicial action was directed appropriately.

      2. Except it might impact the family who did nothing.

        I dont have a good solution to this. But being an asshole to everybody isnt going to work well.

        1. One solution would be that if a cop is charged with a violent crime, his or her personal information is automatically released. It would incentivize the cop to avoid committing outrageous crimes, wouldn’t it?

          Another solution, no bail for public sector agents charged with violent crimes. It, too, would incentivize cops to avoid committing violent crimes.

          A third solution: shoot anybody who cries about the first two solutions.

          1. incentivize cops to avoid committing violent crimes

            That’s called second guessing and we can’t have our heroes in blue second guessing their decision to use lethal force when they feel a tinge of nervousness.

            1. Since said “tinge of nervousness” gives police the right to summarily execute whoever they feel like, why not balance this with a removal of the cop’s rights to free speech, legal counsel, privacy, property ownership, to vote, etc.

              Since it is statistically likely that a cop is a below average intelligence spousal abusing alcoholic that washed out of the military, it is a deadly assumption to believe the guy approaching you with a badge and gun is not already fantasizing about executing you for something. Why risk it?

              Balance the police right to execute people with a total removal of their rights.

              1. It’s profiling. Every near-retarded wife-beating drunk that was drummed out of the military is very likely a cop.

          2. Better solution: eliminate qualified immunity and pay out damages awards from the police general
            retirement account.

            1. Much better solution.

      3. I think the problem here is someone needs to release the address of the cop to the cop… you know, so she knows where the fuck her apartment is.

        1. Right!?

          (I LOLed, you LOLed me).

        2. Shouldn’t we just get rid of cops altogether? 99% are probably bad bullied kids that wanted power. Heck yes give out there addresses and let the streets fight it out.

          1. I know: for 8 hours once a year let’s let everyone run rampant on the streets, all crimes permitted with no criminal penalties afterward. We could call it “The Purge”. Oh, rats. That’s been taken

  2. The grand jury will “decide” whatever the prosecutor wants them to.

  3. “Only in America do you get charged for a Class B misdemeanor and sit in jail for two days,” activist Dominique Alexander tells KTVT. “Only in America can an officer kill someone and a person can block a street and get more time than a killer.”

    Not to rain on her parade, or anything, but no – police doing whatever the hell they want with impunity is far from an “only in America” thing.

    1. True, but it is done with more frequency in America and with more official approbation (see, immunity).

      1. it is done with more frequency in America

        Do you think? In comparison with, say, North Korea, or El Salvador, or Egypt, or India, or . . .

        1. Well, for starters, let us look at the total number of assaults, arrests for alleged infractions of malum in se statutes, the number of people incarcerated, the number of times people are stopped, frisked, tazed, and pulled over, the amount of immunity enjoyed by cops and prosecutors and judges, the amount of spying, the number of invasions of personal space and property, including one’s abode, and, yeah, pretty much.

          1. Yeah – I’m not saying this is a good thing, merely pointing out unhelpful hyperbole.

            Are you really arguing that the police are less entitled in North Korea than they are here?

            1. What I am really arguing is that we have far more total incidents of the police, the prosecutors, the judges, i.e., all of the king’s men, committing NAP violations here than in North Korea.

              I am also arguing that the impunity portion of the equation is far better conceived, developed, recognized, and sanctioned by the law here than in North Korea. See, immunity, generally. True, cops do not have absolute immunity like judges and prosecutors, but it is still, in practice, substantial and virtually impossible to secure a civil victory against a cop by pleading all of the causes of action that one could assert against a non-state actor.

              It is not even close.

              1. it is still, in practice, substantial and virtually impossible to secure a civil victory against a cop by pleading all of the causes of action that one could assert against a non-state actor

                And you believe that it is possible in North Korea? That North Korea has some system of appeals where North Korean peasants routinely bring civil rights complaints against the North Korean police and prevail?

                Do you have a source for this? Because my brother’s father-in-law, who grew up in North Korea, would take issue with some of what you are suggesting here.

                1. It’s easy to think this is the worst place ever, until you go someplace else.

                  1. Its also really easy to swallow the American exceptionalism Kool-Aid forcibly poured down the kiddies’ throats at those compulsory education prison camps, complete with armed “resource” officers.

                    1. +1 Homeschooling!

                2. I did not argue that North Korea has a system which permits its peasants to bring civil rights complaints against the police.

                  Does your brother’s father-in-law ever bother to read Reason or CopWatch or watch sites like Copwatch or the veritable plethora of other you tube and other media which feature the daily abuse heaped upon the American public by the police?

                  Does your brother’s father-in-law read all of the daily papers in the country which do carry stories of police who are arrested, police corruption, police shootings, police muggings, police stops, police frisks, police tazings, as well as the police interfering with folks filming them and police pulling people over, and police lying?

                  Does your brother’s father-n-law know anything about the doctrine of immunity and its comparative development here and in his homeland?

                  I am sure he understands the difference in the total amount of arrests and incarcerations between the two countries.

                  1. We have far, far more evidence of the king’s men violating the NAP here than we do of the same in North Korea.

                    1. So, you’re using the fact that people can openly criticize the police in this country without getting killed or jailed as evidence that the police abuse the citizens more here than they do in an actual Communist military dictatorship?

                      Are you really dismissing the direct experience of someone who has lived both here and in an actual Communist military dictatorship because YouTube videos?

                      That’s like believing Soviet reports that things were so much better in the USSR than here, because no one in the USSR was complaining.

                      Do you also think that people in China are more free than they are here?

              2. committing NAP violations here than in North Korea.

                Are you serious, are you serious?

            2. Are you really arguing that the police are less entitled in North Korea than they are here?

              Believe it nor not, yes. There’s video of cops trying to do their job of enforcing bullshit like clothing style and haircuts and people (mostly women) bitching them out and even slapping them. The cops don’t fight back and kind of just live with it.

              1. If you have a link I’d be interested to see it, but for the moment I’m going to go with the person I actually know telling me about his direct personal experience.

                1. Who knew Communist dictatorships where such bastions of liberty!

                  1. It’s a stupid argument from word one. Countries don’t measure crime in the way ways, so comparing statistics from those countries might as well be mental masturbation. Would you actually trust North Korea or China to accurately report crime? How about Britain? If so, I have a bridge in Brooklyn you might be interested in buying.

                    Or did we all just memory hole all the news reports and think tanks that have outlined how comparisons of violence between nations simply isn’t comparable?

                    1. It’s a stupid argument from word one.

                      This. It’s like someone with a 90 I jumped of the bus with borderline (70 and under) and then claimed to be a genius by comparison.

                      So,it is worse in NK? Likely, but we’re not NK.

                      The question is is it worse here than it should be not is it worse/better than handpicked examples used to only illustrate some foregone conclusion.

        2. Hell, compared to *Canada* even.

    2. Good catch. The “only in America” thing is a stupid trope. Uh no, sometimes in America.

  4. “After the original protest ended, nine of the marchers started blocking one of the stadium’s gates. They then walked to a nearby intersection and locked arms, blocking traffic.”

    Yeah, no, two days in jail sounds about right. It doesn’t matter what they were protesting. You either support private property or you don’t.

    1. I don’t think the issue is the two days. The issue is they got two days while the accused killer was allowed to roam free for three days and her arraignment was scheduled so she could be prepared and bound out in an hour.

    2. I think that the issue here is more the disparate response to the two. Murder versus trespassing.

  5. “Botham Jean, the Dallas man killed by a policewoman who had apparently entered his apartment by accident.”
    Well, maybe next time Jean will be more careful about what apartment he’ll walk into.
    Oh, wait.
    There is no “next time.”
    My bad.

  6. Look, if you want sans accountability to stop people from getting from one place to another unmolested, become a cop.

    1. Or…or..perhaps TSA.

  7. “It’s up to a grand jury to decide what charges she’ll ultimately face.”

    Come on. We all know how this is gonna end don’t we?

    “The Texas Ranger’s affidavit appeared to justify the defendant’s actions and empathize with her confusion. The affidavit states the defendant’s position as a police officer, references the confusion that could arise with the apartment’s floor-plan, and rationalizes why the defendant believed she was on the right floor when entering the apartment. These “facts” aligned closer with justification for the defendant than an unbiased recitation of the facts.”

    1. Also seems irrelevant.

      It all boils down to holding a cop to a LOWER standard than an untrained civilian when it should be the exact opposite.

  8. Dallas man killed by a policewoman who had apparently entered his apartment by accident.

    I’m gonna run with that narrative.

    1. I don’t buy it: she must be lying.

      Even if she was drunk or something and went in the wrong door, how is it she doesn’t immediately recognize that the apartment is not hers?

      Are we supposed to think that she believes a strange black man completely redecorated?removing all of her furniture and belongings and replacing them with his own stuff and then decided to make himself comfortable on his couch and wait for her to come home?

      The reality is, she would have walked in, did a double-take when everything looked different, realized her mistake, and mumbled an apology while backing out. That she did anything else, much less attack the rightful occupant, is suspicious as hell.

      1. Thus, no bail and automatic release of her address and phone number which should be available to the public anyway because those that feed at the public trough deserve less, not the same or more, privacy than a private sector chap.

        1. So you support lynchings? Mob justice? Way to throw the Constitution in the toilet.

          1. Riiiiiight. The “constitution” is doing such a great job here in this situation.

            “The constitution either permits such a government as we have had, or is powerless to defend against it. Either way, it is not fit to exist.” Lysander Spooner, from No Treason, The Constitution of No Authority

          2. So you support lynchings?

            Arrests and charges are public information idiot.

            Or would you rather the police be able to arrest anyone for any reason without ever telling anyone else it happened?

      2. Right. I’m going to be optomistic and believe that those details that make more sense will be forthcoming by the time the trial rolls around. I want to see justice done and hope most commenters are wrong that she’ll get away with murder because of her badge. If she isn’t a flight or violence risk then I don’t see why she couldn’t get out on conditional bail.
        The protesters being held that long sounds like a weird procedural issue that needs to be looked at and resolved. Tying the two events together is a little silly unless the desired reaction is “fuck the police.” If that’s the case… success

      3. I don’t know about that. I think this might be the Dunning-Kruger effect. A person with some common sense and an average level of situational awareness often times assumes that everybody else has the same level of common sense and situational awareness. That is not true. While it is possible that the officer was a jilted lover of the victim; I think the most likely scenario is just that she is an oblivious moron.

        Many of the recent high-profile cases of officer involved deaths are about officers making judgement calls on the same level as a cancer patient who sparks up a cigarette in their oxygen tent. Take for example the shooting in Minneapolis. The police received a call regarding a rape in progress. The officers arrive and a middle-aged woman comes running up to the car. Most people, in that context, would think: That must be the rapee, now where is the rapist? Not that officer. He thinks she is coming to get him or something and shoots her dead.

        1. No. He thinks she must be the rapee and puts her down as a mercy killing for the Houri.

        2. I’m not so sure we need to go as far as “jilted lover.” I’ve heard some reports that he was playing loud music and there had been complaints-possibly from her, the directly downstairs neighbor, and that several other neighbors claim they heard her demanding that he let her in. Ive also heard that he had a bright red doormat outside his apartment, which would also make it less likely that she went into the wrong apartment, since she didn’t have one.

        3. I would hope that police officers are selected for high levels of situational awareness and common sense. I would also hope that their “natural”, or initial, self awareness and common sense would then be refined to a high degree, so they could do their jobs.

          If she is an oblivious moron, both her, her supervisor, and her recruiter, need to be removed from the system and the second two possibly charged with criminal negligence.

          1. I suspect her obliviousness came from being quite drunk. That seems to be the usual reason a civilian gets confused about which apartment is his or hers. Did the police get a blood draw that night? But if she was out drinking, armed and in uniform, that’s a big problem in itself. Not to mention that she apparently drove home in that condition…

        4. In this case she had a history of making noise complaints about her upstairs neighbor. Including earlier that day.

          And neighbors report hearing a loud knocking on the door immediately prior to the shooting.

          There were other things that cast doubt on her version.

  9. Cheer when cops are shot in the face

  10. One difference is the $300,000 bond.

    But the idea of it being OK to block the street and inconvenience people going to a football game because of some crime the motorists were not involved with, and then to be all, “it’s not as if we *killed* someone!” – heck with that.

    Sure, get arrested people before a judge as soon as possible. But don’t perform idiotic moral bookkeeping between criminal homicide and blocking streets unless the people who were blocked were actually guilty of homicide themselves, as opposed to being “guilty” of trying to use the public roadways.

    These demonstrators were handed this case gift-wrapped (if I may speak so callously) to illustrate the injustice of what cops try to get away with – including killing people – and you want to alienate people by blocking traffic when they’re trying to use the roads?

    It’s as if their priority is not to get justice but to indulge in social-signalling and take things out on innocent motorists.

    1. I mean, I could go around giving people wedgies to protest the Armenian genocide, and when I’m arrested I could protest that “OMG genocide is worse than a few wedgies!” but people would at least know I was stupid.

    2. The article was pretty weak sauce.

      1. You are really trying hard to be top cop cocksucker.

    3. If you’re going to protest police violence by blocking traffic, maybe block traffic at the local police precinct instead of taking it out on (relatively) innocent motorists.

      I keep waiting for these Antifa types to take on cops who are doing actual fascist things like warrantless searches, or border patrol checkpoints.

      I keep being disappointed

      1. I’m not even sure if changing hearts and minds is what these guys are trying to do.

        Here’s a clear case of the police fucking up and killing someone. This is the case even if we take the killer cop at her word – “gosh, I thought it was my apartment.” Even if true, that’s very bad, and if the real situation is different than she says, it must be extra bad.

        If you’re trying to change hearts and minds, that’s the point you make.

        But “screw you for trying to use the public roads” isn’t going to change hearts and minds, and surely they know this.

        So what’s the deal? What’s the end goal?

        1. I think it further enflames those who are already believers that the problem is systemic. It feels like revolutionary tactics moreso than gradualist.

          1. Well, I’d say police abuse is systemic, this case being a fairly blatant one.

            But harassing motorists? Where did that come from?

            1. I suppose if someone believes that the police are the enforcement arm of cishetero white capitalism, you’d retaliate against cishetero white capitalists (a category which *obviously* includes all football fans /sarc).

        2. “Here’s a clear case of the police fucking up and killing someone”

          I must disagree. This was not a police action. It was an action by an off-duty police officer, not apparently by any version of events even trying to perform a police function in the situation.

          The police fuckup, if there is one, lies in their handling of the matter after the fact, including getting a search warrant for Jean’s apartment, delaying Guyger’s arrest, and so forth.

          But you can’t by any stretch of the imagination blame the police for the incident itself.

        3. So what’s the deal? What’s the end goal?

          To give them as much benefit of the doubt as I can, I’d guess they’re pissed off and not thinking straight, honestly.

    4. Everything you say above is true. But one thing you fail to account for: their tactic just fucking works. They have gotten more attention with this stunt than they could have if they politely protested or wrote a strongly worded letter. If you want to get your cause recognized, you block traffic. Or something else disruptive. That’s protesting 101.

  11. For what it’s worth, I live in Dallas and didn’t even notice this.

  12. They then walked to a nearby intersection and locked arms, blocking traffic.

    “Run them down”

  13. Forget it, folks.

    It’s Texas.

    1. Yeah, give me a civilized jurisdiction like Chicago any day.

  14. It’s up to a grand jury to decide what charges she’ll ultimately face.

    Better yet, have the FISA Court decide.

    1. The alternative to the Grand Jury is to have the DA proceed by indictment or information, which is the way it is done in California and many other states. The outcome is the same. The defendant stands trial on the charges the DA thinks it is appropriate to bring.

  15. The day the Republican platform is dedicated to protesters instead of First Responders Aggressors? they will get their 2 hours in the slammer for murder one.

    1. Stop posting and drinking, you might make more sense.

      1. Stop posting and drinking, you might make more sense.

        How else to get through the AM links?

  16. I don’t think the issue is the two days. The issue is they got two days while the accused killer was allowed to roam free for three days and her arraignment was scheduled so she could be prepared and bound out in an hour.

    1. Yeah… and murdering your neighbor over a noise complaint kinda comes under my “no bail for you” umbrella.

  17. Lady Justice is like a sick patient, and the demonstrators are like the quack doctors hovering around her bedside.

    And if you’re not in favor of the patient being bled and taking injections of mercury, you’re obviously against justice.

    1. I haven’t been on much lately, but I just wanted to tell you that as much as we may disagree on religion and certain aspects of personal morality (though by no means all!), I tend to agree with you much more often than not. And in this case doubly so!

  18. “Only in America do you get charged for a Class B misdemeanor and sit in jail for two days,” activist Dominique Alexander tells KTVT.

    No, there are plenty of other places, like Saudi Arabia, North Korea, and UAE where that happens as well. Obviously we’re in good company.

  19. If Guyger didn’t have the presence of mind to reasonably.determine that she was in the incorrect apartment BEFORE firing her weapon and killing an innocent man, how can she, as a police officer charged with making split second life and death decisions must do, be competent to be a.police officer in the first place.

    1. Her competency to be a police officer is obviously in question. But again, that does not mean that she was acting as a police officer when she entered Jean’s apartment and shot him.

      1. I understand what you mean, and agree that she wasn’t acting as a police officer during the incident, but the police are sure trying to make it a police shooting.

  20. Hmm, I want to see justice done and hope most commenters are wrong that she’ll get away with murder because of her badge!!!

  21. We all should be aware of right judicial right. And I thing one should get justice soon.
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  22. I’m so glad Texas police are brave enough to put their money where their mouth is. They don’t just SAY they support delaying arrest for someone who breaks into a neighrbor’s apartment and murder him, they actually do it! I for one feel much safer knowing that anyone who protests in a public space will be locked away immediately, but people who illegally enter a stranger’s house and murder a resident will have the opportunity to turn themselves in a few days later.

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