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Police

Dallas Cop Who Killed Botham Jean Fired for 'Adverse Conduct' During Arrest

Questions about the Botham Jean shooting won't be going away anytime soon.

Joe Setyon | 9.24.2018 3:40 PM

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The Dallas Police Department has fired Amber Guyger, the off-duty officer who shot and killed Botham Jean after apparently mistaking his apartment for her own. But questions still remain about both the timing and the reasoning behind the firing.

Guyger, who lived in the unit directly below Jean's, returned to her apartment complex after work earlier this month. She says she attempted to enter the wrong unit, encountered Jean, and eventually shot him. Jean died at a local hospital. Guyger was then placed on administrative leave and charged with manslaughter.

Today the Dallas police announced that Chief U. Reneé Hall has terminated Guyger. The reason, according to a department statement: An Internal Affairs investigation revealed Guyger "engaged in adverse conduct when she was arrested for Manslaughter."

It's not clear what "adverse conduct" the department means. Reached for comment by Reason, the police declined to elaborate.

What is clear is that Guyger turned herself in to the authorities nearly three days after she killed Jean. (Hall has said the arrest was delayed because the Texas Rangers, who took charge of the investigation, wanted more time.) She was booked and charged, then released within two hours after posting the $300,000 bond. She may end up spending much longer behind bars, as it's up to a grand jury to decide what charges she'll ultimately face.

Questions also remain regarding the timing of Guyger's dismissal. Hall said at a town hall on Tuesday that she couldn't fire Guyger due to "local, state, and federal laws" preventing her "from taking action." In a written statement on Thursday, Hall explained she didn't want to "compromise the criminal investigation" into the shooting. "As an employer, DPD can compel Officer Guyger to provide a statement during a DPD administrative investigation and those statements given to DPD could potentially compromise the criminal investigation," Hall said.

But Hall seems to have cast aside this reasoning, opting to fire Guyger while the criminal investigation is still ongoing.

It's difficult to determine why Hall changed her tune, but one thing is certain: questions over her department's handling of the incident aren't going away. From the decision to search Jean's home for "narcotics" after the shooting to the fact that they waited nearly three days to arrest Guyger, the department has much to answer for.

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NEXT: Despite Marijuana Legalization Successes, Police Keep Arresting Users

Joe Setyon is currently an associate story editor for The Western Journal, a publication based in Arizona. He is a former assistant editor at Reason.

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  1. Fist of Etiquette   7 years ago

    An Internal Affairs investigation revealed Guyger "engaged in adverse conduct when she was arrested for Manslaughter."

    Not the manslaughter itself?

    1. Yellow Tony   7 years ago

      It was just a prank, bro. You shouldn't fire someone over a prank that merely happened to become deadly. Haven't we all wanted to prank our neighbors with near deadly force? It's like being called gay when your locker room shenanigans concludes with your friend's penis in your mouth. It's wrong, and I won't stand for it!

    2. ThomasD   7 years ago

      Well, she isn't guilty of that, at least not yet.

      There is no disputing the fact that she was arrested for manslaughter.

    3. Sonny Bono's Ghost   7 years ago

      In other news: Still not cops fired for "Adverse Conduct" at the Twin Peaks Shootout.

  2. Hugh Akston   7 years ago

    From the decision to search Jean's home for "narcotics" after the shooting to the fact that they waited nearly three days to arrest Guyger, the department has much to answer for.

    I have a feeling I know what the answer to all these questions are.

    1. Ben of Houston   7 years ago

      To be frank, I would rather that they be slow and thorough rather than muck things up by rushing. Arresting, firing, or charging people off the cuff is a good way for them to get off later.

  3. DiegoF   7 years ago

    Ha! They have turned on her! She is lucky she didn't end up like Superboy from Cop Land. Namely, middle aged and posting endless grumpy sports and hip hop rant videos on Twitter that seem to piss everyone off.

  4. SIV   7 years ago

    My money is still on a noise complaint motive. The only question is whether Guyger went to his apartment with the intention of threatening and intimidating Jean and felt disrespected enough to killed him or if it was straight up premeditated murder. I wouldn't rule out an eventual "Ambien-defense" either.

    1. sarcasmic   7 years ago

      I agree. According to a Daily Fail article she had lodged several noise complaints against him to the landlord, including one the evening she killed him. Kinda shoots down the story her stumbling into the wrong apartment after work if she had already been home long enough to call the landlord.

      1. Juice   7 years ago

        including one the evening she killed him

        Oh, wow. I hadn't heard that. That paints this whole thing in a new light.

        1. sarcasmic   7 years ago

          linky

          1. Chuckles the Snarky Piggy   7 years ago

            What it says is:

            "Her neighbor, a Hispanic man in his mid-20s, said she had been cross about him making noise early in the mornings.

            He said: 'She filed a noise complaint earlier on in the day which said that he had been making noise before she leaves for her shift.'"

            Not sure what her neighbors ethnicity adds to the story, but, 'earlier on the day' and 'before she leaves' imply that the complaint could have been lodged before she left, or called in at some point during the day. Certainly no indication from this story that she was home before this happened.

            As long as the investigators locked down her apartment as part of an active murder scene as soon as they arrived to make sure evidence wasn't tampered with, all is well. Because the police always assume murder until they have all of the evidence, right? Right?

      2. perlchpr   7 years ago

        Slight quibble, that article says: 'She filed a noise complaint earlier on in the day which said that he had been making noise before she leaves for her shift.'

        So, not that evening, but earlier in the day, before she went to work. But yes, "noise complaint" seems like a very possible reason for this interaction.

  5. ThomasD   7 years ago

    The headline might be accurate, but really cannot be sustained by the actual statement that she was fired for having "engaged in adverse conduct when she was arrested for Manslaughter." The 'adverse conduct' could be nothing more than the arrest itself.

    Absent any further elaboration from the arresting agency the headline should be changed.

    1. Hugh Akston   7 years ago

      From the DPD release:

      An Internal Affairs investigation concluded that on September 9, 2018, Officer Guyger, #10702, engaged in adverse conduct when she was arrested for Manslaughter.

      Officer Guyger was terminated for her actions.

      How would you change the headline to make it more accurate?

      1. ThomasD   7 years ago

        By using the phrase "when she was arrested" rather than the potentially misleading "during arrest."

        1. ThomasD   7 years ago

          IOW, stick to the facts of what the press release included.

          Journalism isn't hard if you do it the right way.

        2. Ben of Houston   7 years ago

          I disagree. The headline is clear the way it is, and the shorter line sounds better.

  6. mad.casual   7 years ago

    It's not clear what "adverse conduct" the department means.

    DID NOT OBEY!

    1. ThomasD   7 years ago

      If there was some sort of additional behavior during the arrest my guess would be of the "you can't do this, I'm one of you" type statements.

    2. TrickyVic (old school)   7 years ago

      Failed to keep her mouth shut and failed to demand a union rep?

    3. Fist of Etiquette   7 years ago

      Made the department look bad, which I guess now is suddenly a thing.

  7. Uncle Jay   7 years ago

    Fired?
    That's it?
    No arrest for at least manslaughter?
    Oh, that's right.
    He was a cop.
    They can get away with a lot more shit than the rest of us little people.
    Please forgive me.
    I forgot my place.

    1. Hugh Akston   7 years ago

      What is clear is that Guyger turned herself in to the authorities nearly three days after she killed Jean. (Hall has said the arrest was delayed because the Texas Rangers, who took charge of the investigation, wanted more time.) She was booked and charged, then released within two hours after posting the $300,000 bond. She may end up spending much longer behind bars, as it's up to a grand jury to decide what charges she'll ultimately face.

    2. Think It Through   7 years ago

      She was arrested for manslaughter, Uncle Jay.

  8. Diane Reynolds (Paul.)   7 years ago

    An Internal Affairs investigation revealed Guyger "engaged in adverse conduct when she was arrested for Manslaughter."

    So let's see if I understand this. Everything was cool until she got uppity with another cop during her token arrest.

    1. Ben of Houston   7 years ago

      The adverse conduct could be
      - Getting arrested for manslaughter
      - Getting the department horrible international PR
      - Lying to the arresting officer (I don't think anyone buys the "I thought it was the wrong apartment" story

      Throwing out wild guesses about what could have happened, we have additional possibilities
      - Trying to use police camaraderie to get out of a crime
      - Testing positive for any number of illegal substances
      - Actually trying to fight someone

      The "adverse conduct" is an extremely broad excuse. This also lets them not have to pay her unemployment and protects the department from slander charges until she is convicted. To be frank, it seems like the Dallas Police Department is actually doing it right, checking every box and crossing every T to ensure there are no mess-ups.

  9. Diane Reynolds (Paul.)   7 years ago

    . From the decision to search Jean's home for "narcotics" after the shooting to the fact that they waited nearly three days to arrest Guyger, the department has much to answer for.

    I think I see the union thug lurking in the background...

  10. Rich   7 years ago

    I heard that Guyger and Jean had an "amorous" relationship. That would seem to thicken the plot.

    1. Diane Reynolds (Paul.)   7 years ago

      Certainly tilts it in the "premeditated murder" direction.

  11. Diane Reynolds (Paul.)   7 years ago

    Charges of sexism in 3... 2...

  12. GoatOnABoat   7 years ago

    Adverse conduct? AKA drunk and disorderly...

  13. brady949   7 years ago

    To actually get fired, her BAC must have come back as "Oksana Baiul"

    1. Jgalt1975   7 years ago

      That's a deep cut, man!

  14. ToddP   7 years ago

    She's fucked even if it was really an honest mistake. She's a cop and she's white-victim black. She's toast.

    1. Gaear Grimsrud   7 years ago

      Maybe not. The grand jury will do exactly what the prosecutor tells them to do which could very well mean she walks and draws a pension.

      1. Trainer   7 years ago

        It's hard to draw a pension when you've been fired.

    2. ThomasD   7 years ago

      Even if it was an honest mistake it is still manslaughter.

    3. Eddy   7 years ago

      Who cares if she's white, Somalian or some kind of albino? Who cares if her victim is black, white or Australian?

      It actually gives her an unnecessary boost that the raceturbators are holding riots over this, because it alienates normal people into thinking that they have to choose between soft-pedaling criminal homicide or blocking public streets. But it's not the victim blocking streets - the victim is dead, not in a position to deliberately block anything.

      But looking at the killing itself. First, we can safely guess that the cop's version represents the best case scenario. She may be shading the truth in her favor, she may be totally honest, but there's no way she's going to make her behavior out to be *worse* than it is. So either way her behavior sucks. It would suck even in the absence of riots or with the races reversed (as in the Minnesota case with the Somali cop and white Australian victim).

      So with the *best*-case scenario being "oops, I went to some other guy's apartment and was scared when I noticed some strange black guy had broken in and had rearranged my furniture" - would *you* accept that excuse for the killing of a loved one?

      1. Eddy   7 years ago

        It could be an "honest" mistake in the sense of utterly retarded beyond the bounds of normal retardation.

        But what kind of honesty goes into someone else's home, shoots the guy living there, and says "what was he doing in my - oh shit, wrong apartment!"

  15. Trigger Warning   7 years ago

    Not enough tenure to warrant wagon-circling.

  16. Fooseven   7 years ago

    Yeah yeah so what? Not like people can cancel their police subscription and put them out of business

  17. AnnieGramsonHill   7 years ago

    Well, let's see.
    Here we have a good looking, successful black man relaxing in the privacy of his own home (he worked for one of the biggest accounting firms in the country. If he had any talent at all he was on track for a healthy 6-figure salary and if he made partner, 7 figures), when a deranged looking woman enters his apartment and blows him away.
    It doesn't take a lot of creativity to imagine the probable scenario that unfolded between the two of them prior to his death.

  18. Pasadena Wallbeds   7 years ago

    Great! This also lets them not have to pay her unemployment and protects the department from slander charges until she is convicted.

  19. Bob2   7 years ago

    Joe, really? "eventually shot him" ?
    The word is instantly, not "eventually

  20. JamesWilliam   7 years ago

    Twelve months ago,after quitting my job , I was blessed to discover this awesome job opportunity on-line which saved me... They offer online home-based work. My latest check doing this job with them for 4 months was $10000...
    Great fact about the job is that the only requirement for the job is basic typing and internet access...
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