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Family of Dallas Man Killed by Cop Says Officer's Story Doesn't Add Up

Attorneys for the family say witnesses contradict some details of the officer's account.

Facebook/Kaufman County JailFacebook/Kaufman County JailThe family of Botham Jean, who was shot to death by an off-duty Dallas police officer on Thursday, is questioning the officer's account of what happened the night of the fatal shooting.

Amber Guyger told responding officers she had just returned to her apartment complex following her shift with the Dallas Police Department. Guyger said "she entered the victim's apartment believing that it was her own," according to a statement put out by police hours after the shooting.

An arrest affidavit for Guyger, who's been charged with manslaughter, lays out in more detail her account of how the situation escalated. According to the affidavit, Guyger lives on the third floor of the complex in apartment #1378, while Jean lived directly above her in apartment #1478. She parked on the fourth floor, then attempted to enter Jean's apartment using her "unique door key," the affidavit says. Since the door was already ajar, it "fully opened under the force of the key insertion."

At that point, the affidavit says Guyger encountered Jean, who she believed to be a burglar. After giving "verbal commands" that Jean ignored, Guyger shot him twice, according to the warrant. It wasn't until after the shooting that Guyger realized she was in the wrong apartment, the affidavit says.

But Jean's family thinks there are holes in that story. For one thing, attorneys for the family said at a press conference yesterday that Jean wasn't the type of person to leave his front door ajar, the Dallas Morning News reports.

One lawyer, Lee Merritt, isn't so sure Guyger thought Jean's apartment was her own when she shot him. "There are witnesses who said that before the gunshots they heard the officer knocking at the door and repeatedly saying, 'Let me in,'" Merritt tells The Washington Post. After the shots were fired, one witness reported that Jean said: "Oh my God, why did you do that," Merritt added at the press conference. The attorney said he believes those were Jean's last words.

The shooting is currently being investigated by the Texas Rangers state police force. Authorities conducted a blood test on Guyger, but have yet to reveal the results. Guyger, a four-year veteran of the police department who has been placed on paid administrative leave, was arrested Sunday but later set free on $300,000 bail. She could face additional charges—including murder—depending on what a grand jury decides after hearing the case.

For now, Jean's mother just wants to know why her son was killed. "The number one answer that I want is, 'What happened?'" Allison Jean told reporters yesterday. "I have asked too many questions, and I've been told that there are no answers yet. I'm looking forward to the powers that be to come up with the answers to make me more satisfied that they are doing what is in the best interest of getting justice for Botham."

Photo Credit: Facebook/Kaufman County Jail

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  • Diane Reynolds (Paul.)||

    But Jean's family thinks there are holes in that story.

    Does there really need to be "holes in the story"? She killed an innocent man in his own apartment due to stunning incompetence mixed with aggressive arrogance. She should go to prison for a really long time.

  • Brendan||

    Yes. It can change something from a criminal screwup to a premeditated murder.

  • Walk_on_Walter||

    No, you fucking idiot. That isn't what happened at all. And even race-baiters extraordinaire CNN have ot as a terrible, horrible, tragic mistake. Aggressive arrogance? Fuck off and die, you witless cunt.

  • Diane Reynolds (Paul.)||

    Incompetence: confirmed.
    Aggressive arrogance: Someone she was shouting at didn't immediately comply, so she killed them.

    Civilian test: Consequences if a non-cop had done the exact same thing.

    Fuck her, I hope she goes to jail for life with a possibility of parole after 15.

  • AD-RtR/OS!||

    Did you leave a zero off of that?

  • Diane Reynolds (Paul.)||

    I'm throwing officer Walk_on_Walter a bone.

  • Griffin3||

    No, no. Just treat her EXACTLY like you would a civilian in that situation. Is that too much to ask?

  • Unable2Reason||

    I wonder if it would be allowed to not tell the grand jury that she's a cop? Just say she shot the guy with a gun she was licensed to carry. But then again, it might be even be worse against her if they knew she had all that police training and still gunned down a completely innocent man in his own apartment.

  • Naaman Brown||

    Police training in use of force seems to vary wildly across the country.

    Local police shootings (Upper East Tennessee). Sullivan Central armed intruder: three officers fired two shots apiece.
    Volunteer Highway black man on an anti-white rampage shooting random people, taken alive.

    Other jurisdictions (that get in the national news) magazine dumps with no regard for target ID or collateral damage, like the LAPD Dorner manhunt or the OHIO 137 shots incident

  • James Pollock||

    "Police training in use of force seems to vary wildly across the country."

    What's different is different individuals' response to police presence. Some surrender peacefully, some go down fighting.

  • Trainer||

    Except that the point of some of the training is shoot first no matter how the person responds and come up with excuses later and then hire the expert witness who did the training to lie on the stand for you.

  • A Thinking Mind||

    Why mention race at all? I don't know that it has any relevance in how horribly arrogant she was even if her story is true. Without giving the man time to explain that it was his own home and that she was in the wrong apartment, she shot him to death. That's bullshit, and the races and sexes of the victim and perpetrator do not matter.

  • losmazeman||

    100% agreement.

  • UnrepentantCurmudgeon||

    For that matter, why make this a "police-involved" matter at all? She was not on duty, she was not acting under police command. Yes, it is a tragedy and so far as anyone can tell Jean did nothing to deserve being shot and killed. That's on Guyger, not the police department, unless the family's attorney's can prove that the police knew Guyger was a ticking time bomb, and good luck with that. The only reason they are making this a police-involved matter is simple: deep pockets.

  • ThomasD||

    It matters because it's factual, she was a cop, in uniform, and using her duty weapon. What you want is for those facts to be ignored.

    And that's just silly.

    Dog bites man is not much of a story. Trained guard dog attacks man is.

  • AZ Gunowner||

    A "mistake" is when you accidentally shoot someone.

    She shot with the clear intention to kill.

    If you walk into someone else's apt and shoot the occupant because you thought he/she was in your apt you'll be cuffed at the scene and charged before the night is out.

    Only a cop knob slobbering cretin would try to call this a mistake.

  • ThomasD||

    "She shot with the clear intention to kill."

    Absent a statement to the effect of "I wanted him dead," or an actual coup de grace, I don't see how you can make that assertion.

    Use of lethal force does not necessarily entail a desire to cause death. The force is employed to stop an attack or imminent threat, that it may result in death is legally considered unfortunate but unavoidable.

  • AZ Gunowner||

    "The force is employed to stop an attack or imminent threat"

    But she wasn't under imminent threat.

    You walk into someone else's apt "by mistake", shoot and kill them and see how fast you are up on murder charges.

    hint: you won't get 3 days before you're cuffed.

  • ThomasD||

    AZ if you want to argue over things I never said, well, have at it.

  • AZ Gunowner||

    :The force is employed to stop an attack or imminent threat,"

    That's twice now I"ve quoted you.

    You appear to be trying to justify the officers' "use of force" to stop an "imminent threat"

    If not perhaps you should explain just what your point is.

  • James Pollock||

    "Use of lethal force does not necessarily entail a desire to cause death."

    First rule of firearms: Do not point your firearm at anything you do not intend to kill.


    ''

  • ThomasD||

    Exactly where is this rule written?

    Got any sort of cite?

  • Moo Cow||

    You must polish a lot of cop knobs bro.

  • Ben of Houston||

    It's not an accident by any means. It's, at best, gross negligence of the most basic level.

    If she had shouted and tried to arrest him, and then realized her mistake, then it would have been something to tell the grandkids.
    If she had drawn the gun, surveyed the situation, and then realized what had happened.

    However, she went straight for lethal force before ascertaining the barest facts. Most importantly among those facts, why a man was sitting in "her" living room, apparently not of any immediate threat.

  • UnrepentantCurmudgeon||

    How many here would not know in a hot second that they had walked into someone else's apartment?

  • Ben of Houston||

    If the lights were all off, maybe for a few seconds. I'm reminded of the Agatha Christi short story "The Third Floor Flat", which involves a somewhat similar situation. In that, they realized something was off as soon as they entered the wrong apartment, but didn't understand what was going on until they turned on a light.

    Of course, this begs the question. When you get home, the first thing you do when walking in is turn on a light. Especially if you are worried because you think someone is in there.

  • James Pollock||

    "It's, at best, gross negligence of the most basic level."

    It's, at best, manslaughter.

  • Kyfho Myoba||

    > She killed an innocent man in his own apartment due to stunning incompetence mixed with aggressive arrogance.

    Hey, Walk on Water (you copsucking pos) what EXACTLY is untrue in this statement? That is EXACTLY what happened at all.

  • perlchpr||

    I know, right? Like the given story doesn't make her look incompetent and guilty as hell as it is.

  • John||

    When someone walks into my house and starts shouting orders, I don't respond to verbal commands very well either. The bottom line here is this woman walked into someone's home and shot an unarmed person. That is murder. There is no other way to describe it. I don't give a shit if the guy was upset about her coming into his house. He had a right to be. It was his house. She needs to be up on at least murder 2 charges. End of story.

  • The Last American Hero||

    She would be if she were not a cop. And if she were a dude in a poor neighborhood, it would be Murder 1 get plead down to Murder 2.

  • John||

    Exactly. Breaking into a home is aggravating circumstances. That would likely be a capital murder case were she a poor guy in Texas. Her being a woman and a cop makes it manslaughter, which is disgusting.

  • sarcasmic||

    Can you prove malicious intent? No? Well then. Case dismissed.

  • Poppyseed||

    Makes me think Manslaughter is the right charge here.
    No intent needed.

  • ||

    Makes me think Manslaughter is the right charge here.
    No intent needed.

    Accidentally drew her gun, accidentally pointed it at the victim, accidentally pulled the trigger.

  • Fred G. Sanford||

    Manslaughter doesn't require the act to be accidental. IMHO it is the correct charge.

  • Speaker||

    You can get manslaughter with gross negligence. Unless there is more to this story, that sounds right to me.

  • Ben of Houston||

    Manslaughter is the safe charge. If they go for murder, it will be an uphill battle to get the conviction, and they might end up letting her off.

  • ThomasD||

    "Accidentally Recklessly drew her gun, accidentally Recklessly pointed it at the victim, accidentally Recklessly pulled the trigger.

    Manslaughter.

    FIFY

  • ||

    FIFY

    Thanks, and I agree with the sentiments of manslaughter being a safe charge (if we even get that). My point being, for the lay gun user aiming the weapon and pulling the trigger can and does constitute intent. The walking into the wrong apartment may've been an accident and his murder may not have been premeditated but it's not like she dropped her gun and it just went off.

    If the roles were reversed I don' t think there would be a lot of "let's go with the safer charge/assured conviction" going on.

  • John||

    Shooting someone doesn't demonstrate malicious intent at all. She is a cop and that is just what they do I guess.

  • sarcasmic||

    Obey or die. He didn't obey. Now he's dead. The end.

  • dave b.||

    There was nothing to obey. She broke in and shot him

  • Cynical Asshole||

    At that point, the affidavit says Guyger encountered Jean, who she believed to be a burglar. After giving "verbal commands" that Jean ignored, Guyger shot him twice

    She barked orders at him first, which he failed to OBEY. Cops are trained to treat failure to OBEY as a life threatening menace and to respond in kind.

  • dave b.||

    That's the made up bullshit story her lawyer came up with after she got arrested

  • arbe59||

    And let's also not forget that she was off duty. Presumably this would mean that she didn't present to the victim as a law enforcement officer, making his failure to obey her commands significantly more understandable, because she would've appeared to him much more like any home intruder than a cop who got the wrong house.

  • CE||

    A cop who gets the wrong house is a home intruder.

  • Walk_on_Walter||

    Wrong ignoramus. She didn't break in. She put her fucking key in the door and it opened because it hadn't been shut all the way by the victim.

  • arbe59||

    Well, maybe or maybe not. That's a major part of what's being challenged here, with potential witnesses to the fact that she banged on the door and yelled "let me in". The door being ajar is the perpetrator's story.

  • sarcasmic||

    When is a door not a door? When it's a jar! Haaa ha ha ha ha!

  • DesigNate||

    You tell them man. I mean, its not like he had a distinctive red welcome mat in front of his door. And the unit number is lit up to the side of the door or anything.

  • Paloma||

    Yeah sure. Ajar or not, her key would not have fit in his door. Bullshit story.

  • ThomasD||

    Not so sure about that. Being the same complex probably meant the same type of locks, and the same pattern of key, but each with it's own unique set of cuts. Meaning any of the keys would fit in the lock, but would not turn once in place.

  • Naaman Brown||

    Electronic key. The lock responds to a chip in the key. The key would go in, but not unlock the door if it was locked. If the door was ajar, the door would push open.

  • AD-RtR/OS!||

    Was the door supplied by the same people we get our borders from?

  • perlchpr||

    Fuck off, cop sucker.

  • Get To Da Chippah||

    Wrong ignoramus. She didn't break in. She put her fucking key in the door and it opened because it hadn't been shut all the way by the victim.

    She didn't break in, she just entered someone else's domicile without invitation. TOTALLY DIFFERENT!

  • jph12||

    "Wrong ignoramus. She didn't break in. She put her fucking key in the door and it opened because it hadn't been shut all the way by the victim."

    Which is breaking (breaking doesn't require you to actually break something). Then she entered. Thus, we have breaking and entering.

  • ThomasD||

    B&E laws require either force/damage or some sort of subterfuge - like stealing a key, or misrepresenting who you are in order to gain entry (e.g. pretending to be pest control or maintenance.)

    Simple trespass is not B&E.

  • Naaman Brown||

    Personal I don't know Texas law on (a) trespass or (b) breaking and entering. IANAL and I am not a Texas lawyer either.

    Some jurisdictions, breaking is passing the curtilage of a dwelling to some degree, such as pushing open a door and stepping in, without physical breaking anything. Curtilage being the area of a home where there is a reasonable expectation of privacy.

    The verbiage and interpretation vary jurisdiction to jurisdiction based on court rulings.

  • Kyfho Myoba||

    She CLAIMS that the door opened when she pushed her key in, the neighbors say she beat on the door.

    Your presumption of her majesty's truthfulness tells us all we need to know about you; an apologist for the king's men.

    "For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:" Declaration of Independence, paragraph 17.

  • Exsqueezeyou||

    "Malicious intent refers to the intent, without just cause or reason, to commit a wrongful act that will result in harm to another. It is the intent to harm or do some evil purpose."
    https://definitions.uslegal. com/m/malicious-intent/

    Hey John, 9.11.18 @ 1:26PM
    You guess wrong.

    Sure appears to fit the definition, to me, based on the above.

    "Since the door was already ajar, it "fully opened under the force of the key insertion."
    That does not pass the BS test.
    1) She should have observed the door ajar and not attempted to insert the key
    2) She should have been alerted to her stupidity upon her first breath upon entering the apartment...the unique smell of the Caribbean native's apartment was likely pungent from cooking
    3) Failed to consider it might have been a maintenance worker attending to a maintenance emergency
    4) Was under no imminent threat to her own safety.
    5) Off duty? Maybe/maybe not. People get worker's comp for events occurring between coming and going to work.

  • Dillinger||

    not yet?

  • Paloma||

    Malicious intent is breaking and entering, pointing a loaded gun and shouting "orders", and then opening fire without having been attacked or threatened in any way. How the hell more malicious does it have to be?

  • Longtobefree||

    Death during the commission of a felony? In my state that is murder one. Book 'em Dano.

  • James Pollock||

    "Death during the commission of a felony? In my state that is murder one."

    You need an underlying felony to get to felony murder. Trespassing won't cut it.

  • Get To Da Chippah||

    Can you prove malicious intent?

    Let's see...

    She intentionally drew her gun.

    She intentionally pointed it at the guy in front of her.

    She intentionally pulled the trigger.

    Clearly her intent was benign, right?

  • UnrepentantCurmudgeon||

    Nobody can prove anything about that at this point, which is the purpose of an investigation.

  • Fist of Etiquette||

    Issued "verbal commands" to Jean. Really, this is just a terrible time for them to be introducing cop-speak into the narrative. It gives the impression they consider she was acting under the authority of police.

  • Diane Reynolds (Paul.)||

    It was all a tragic misunderstanding.

  • Fist of Etiquette||

    The misunderstanding that smaller women LEO won't go immediately to lethal force to compensate for strength differentials?

  • CE||

    Seems like the big heavy guys do too.

  • perlchpr||

    Yeah... FoE's point would be well made if they weren't all trigger happy 'roid freaks.

  • DjDiverDan||

    She lives in Apartment #1378. It has "1378" in metallic numbers attached to the door of her apartment. She went to Apartment #1478, which, coincidentally, has "1478" in metallic numbers attached to the door to that apartment. Now I can understand being tired after a long shift and driving to the wrong level of the parking garage. But when she exited the parking garage into the apartment building, the door from the parking garage into the building had a sign that said "4th Floor", while she knew (I assume) that HER apartment was on the 3rd Floor. Then she got to the door of his apartment, and saw (again, I assume) the numbers on the door - 1478. Did she think that the burglar in her apartment had changed the numbers on the door? Was she unsure of her own address? Was she on drugs, or too drunk to know where she was? Even if this was just gross negligence, this woman had no business being a police officer.

  • ThomasD||

    "...they consider she was acting under the authority of police."

    Given that she was a cop, in uniform, she was acting under the authority of the police.

    Which IMO only makes it worse.

    Maybe cops, like taxi cabs, should start using a big lighted "off duty" sign on the top of their heads...

  • Kyfho Myoba||

    Public officers with oaths of office are on duty at all times. The oath they take does not have an hours of operation clause.

  • DPICM||

    Amen. If I did this, my defense of "oops, wrong apartment" would get me a hefty sentence and would be endlessly showcased as a need for further restrictions on concealed carry and the second amendment.

    If anything, the fact that this was a cop - one of those who supposedly has all the superior training and awesome powers of judgement necessary to handle a firearm - means the sentence should be worse. Not only did she fuck up in an epic way (assuming this wasn't intentional - i.e. a secret lovers quarrel), she also should have known better by virtue of her superior training.

  • The Laissez-Ferret||

    No, see you don't understand! Cops have superior training, whip smart powers of observation, and superhuman decision making skills...except when they don't and then it's "whoops, qualified immunity!"

  • AZ Gunowner||

    Yeah, too bad that is not just sarcasm instead of reality.

  • King's Ransom||

    Any real police dept. would never have let this story get so far off the right track. LAPD or NYPD would have planted a gun, some coke and downloaded some kiddie porn on to his computer for good measure. This would have been a good shoot and the officer in question would be hailed a hero.

  • Naaman Brown||

    This situation bare report, and even in the cop's affidavit, does not sound good under any circumstances.
    Locally, we have had home invasion robberies by perps impersonating cops or bounty hunters.
    I have no reason to expect cops to barge into my home shouting orders.
    Me, I'd be dumb struck like a deer in the headlights, then going for a home defense gun.
    It sounds to me like the guy Botham Jean had no opportunity to comply.

    How about some police training on what to do if you have the situation wrong, like entering a wrong address or responding to a bogus SWATting call? Or the kids with toy guns like Tamir Rice or Andy Lopez who did not comply to sudden orders like any experienced street criminal would have known to do.

  • James Pollock||

    "The bottom line here is this woman walked into someone's home and shot an unarmed person. That is murder."

    It's manslaughter.

  • Gasman||

    He had every right to shoot her dead on the spot, if he had had the opportunity. You walk in someone's front door, draw on them, start barking 'orders', your dead if the homeowner has his gun around and can shoot first.
    Sad reality is that if he had successfully defended himself, he'd be facing the chair.

  • Crusty Juggler||

    I'm looking forward to the powers that be to come up with the answers to make me more satisfied that they are doing what is in the best interest of getting justice for Botham."

    Lol poor lady.

  • Cynical Asshole||

    Yeah, she's going to be very disappointed on that front. I don't think "getting justice for Botham" is anywhere near their top priority.

  • Hamster of Doom||

    Powers That Be's To Do List-

    Make This Disappear From My Inbox As Quickly and Painlessly As Possible

  • Longtobefree||

    To be specific, as painlessly FOR ME as possible

  • Crusty Juggler||

    Let he who hasn't walked into the wrong apartment and shot the person who lived in that apartment cast the first stone!

  • Cynical Asshole||

    *throws rock at Crusty*

  • Vernon Depner||

    I've gone as far as getting off the elevator on the wrong floor. Didn't kill anyone, though.

  • Diane Reynolds (Paul.)||

    I once ended up in bed with the wrong woman, but I got the short end of the stick on that deal.

  • Marcus Aurelius||

    That was no stick...

  • CE||

    That's funny, she said the same thing.

  • Diane Reynolds (Paul.)||

    Now you can imagine my surprise.

  • CE||

    I opened the driver's door on the wrong car once. I was surprised because my key worked.

  • grips||

    When you have committed an unlawful entry, your "verbal commands" aren't lawful anymore. So, you were just yelling at the tenant.

  • sarcasmic||

    Charged doesn't mean indicted. Indicted doesn't mean convicted. And convicted doesn't mean sentenced.

  • AZ Gunowner||

    Wow, did you use the dictionary to figure that out?

  • Unicorn Abattoir||

    You know, if I walked into "my" apartment and noticed that nothing inside of it was mine, I would have either

    (a) Figured it out.

    (b) Been killed by the burglar who craftily snuck his own furniture into my apartment as a ruse.

    One of these is significantly more likely.

  • Don Escaped Texas||

    Steven Wright has this great bit about coming home and "everything in my house had been replaced by exact duplicates."

  • Calidissident||

    Dave Chappelle's bit from Killing Them Softly was great - "Oh my god. Open and shut case, Johnson. I saw this once when I was a rookie. Apparently this nigger broke in and put up pictures of his family everywhere."

  • Unicorn Abattoir||

    Wright was a genius. "I have a packet of instant water, but I don't know what to add."

  • ||

    "The early bird may get the worm, but the second mouse gets the cheese.

  • Longtobefree||

    And the damn worm should have slept in - - - - - -

  • Dillinger||

    my best friend is seven inches tall. he's a model for trophies.

    met a girl on a bus who said she's a nymphomaniac who only gets turned on by jewish cowboys. i said "hi I'm Bucky Goldstein"

  • DamnDirtyApe||

    "It's a small world, but I wouldn't want to paint it."

  • Unicorn Abattoir||

    "I have a seashell collection that I keep scattered across the beaches of the world."

  • MSimon||

    Kinkier Friedman

  • Diane Reynolds (Paul.)||

    I got food poisoning the other day... I haven't used it yet.

  • Vernon Depner||

    "everything in my house had been replaced by exact duplicates."

    That's actually a common delusion among elderly people with dementia.

  • Kyfho Myoba||

    It freaked me out. I ran over to my friend's house and said, "Joe! I got home and everything in my house has been replaced by an exact duplicate! I''m freakin' out!!! He just looked at me and said, "Who are you?"

  • John||

    I actually once came home pretty drunk and accidentally walked into the apartment below mine. The door was unlocked for some reason and when the knob turned I assumed I had left my door unlocked. The moment I stepped into the doorway and saw my neighbor, who I fortunately knew, I sobered up real quick and knew exactly where I was and what I had done. There is no way in hell this woman didn't know she was no in her apartment. She just murdered that guy for some reason.

  • Ron||

    I think it was a relationship gone bad

  • John||

    That is my guess as well. I just can't see any other reason why she would storm into his apartment and shoot him.

  • sarcasmic||

    His apartment was directly above hers, and she had just worked a "whole shift." She was tired from all that servin and protectin. He was making a lot of noise, so she went upstairs to command him to stop. He told her to get bent, so she killed him. Following her training, she first called her union rep to get the story to tell dispatch. Then she called 911 and told them she went to the wrong apartment by mistake.

  • SIV||

    "Noise complaint" was my first guess. They should question her neighbors where she used to live.

  • Marcus Aurelius||

    Drunk as Florida preacher was my guess.

  • damikesc||

    Once, right after a move, I drove to my old house after work.

    I managed to avoid murdering some dude.

  • Tankboy||

    She was tired. Tired from her shift and tired of all the fucking noise he was making. Again. She went upstairs and pounded on his door. Oh God, he thought, it's that bitch cop from downstairs coming to cuss me out again. He opened his front door for the last time...

  • Diane Reynolds (Paul.)||

    If information comes to light that suggests that, I hope she gets the death penalty.

  • Cynical Asshole||

    I could maybe see if it was at night and the lights were off, but still. If I walked into the wrong apartment by mistake and some dude was in there, my first instinct wouldn't be to immediately start yelling at him and then shoot him. I would think my first response, besides surprise, would be to look at the number on the door to make sure I'm in the right place before doing anything else. But then again, I'm not a cop who's trained to always assume that I'm in the right at all times and to treat any citizen I encounter as a potentially deadly menace.

  • ||

    my first instinct wouldn't be to immediately start yelling at him and then shoot him.

    Four or five moments - that's all it takes to become a hero. Everyone thinks it's a full-time job. Wake up a hero. Brush your teeth a hero. Go to work a hero. Come home to the wrong apartment a hero. Not true. Over a lifetime there are only four or five moments that really matter. Moments when you're offered a choice to make a sacrifice, conquer a flaw, save a friend - spare an enemy. In these moments everything else falls away... *blam*

  • Cynical Asshole||

    You were droning on! Look, if being a hero means sparing the poor dumb bastard whose apartment I just stumbled into then maybe I'm not meant to be one. Not everyone monitors a hall like you.

  • Naaman Brown||

    What would be wrong with immediately backing out, shutting the door behind you, and calling dispatch for backup?

  • SRVolunteer||

    Rented a late-model Town & Country minivan for a road trip with the family. Stopped at a Wal-mart with just my daughter and I. When we went back out to the parking lot, hit the keyfob to unlock the door, heard the beep, and opened the door of a completely different late-model Town & Country minivan (mine was nearby).

    Despite this being a 2-day 'new to me' car, I knew instantly that it wasn't my rental. Why? Because the crap inside of it wasn't my crap!

  • I am the 0.000000013%||

  • Jerryskids||

    I'm just curious as to whether or not there were text messages on either one of these people's phones that would indicate there was some sort of relationship between the two which would account for her banging on his door and demanding he let her in. I mean, "were", before the cops took the cellphones as evidence and accidentally lost them.

  • Ron||

    I'am curious as well to their relation ship

  • I am the 0.000000013%||

    After she put a whole in it, I'm guessing it's a sinking ship.

  • Cynical Asshole||

    But Jean's family thinks there are holes in that story. For one thing, attorneys for the family said at a press conference yesterday that Jean wasn't the type of person to leave his front door ajar, the Dallas Morning News reports.

    Eh, that doesn't mean anything. I almost lock my front door at night. I say almost because a couple of weeks ago I accidentally left it unlocked and didn't realize it until the next morning when I left for work. I guess I'm just lucky that I don't live close to a dumb cop who stumbled into the wrong house after work that night.

  • Cynical Asshole||

    *almost always*

  • losmazeman||

    It worked the first way too.

  • KDN||

    Yeah, my wife's greatest, persistent fear is that someone is going to break in our house and abduct / kill her and the kids. We've actually argued about it when I've left the door open to run to the store while she's home.

    She really needs to watch less Dateline. But despite this paranoia I have come home to her keys sitting in the front door lock on more than one occasion.

  • fumblepigskin||

    Well, home break ins happen all the time. My now wife, then girlfriend, had someone break into her apartment and attempt to rape her in her own bed in the middle of the night. It was a well-known "peeping Tom" who did a little more than peep this time. He got away, but the police came back to her apartment a month later and found fresh fingerprints on the same window he came in the first time. This time, they were able to get his prints (first time the prints were unusable) which they used to find and arrest him.

    So, yes, break ins are low-likelihood risk events for most people in the US, and it is probably irrational for it to be one's "greatest, persistent fear," but they do happen, and taking basic precautions like locking your doors even when you're home, can make a difference in our minds, and be the difference between being a victim or not.

  • BYODB||

    'Locking doors' is one of those things that provides the illusion of security without actually giving you any, assuming that the person intent on meaning you harm has two brain cells to rub together and notices those glass portals that one can enter with a brick that basically every home has.

    And a security system is great for making sure that the cops show up in an hour or two to take your statement, I guess, and saves you a phone call.

    A tiny yappy dog is literally more defense than a locked door. Most people ignore this because the truth isn't as warm and fluffy.

  • Longtobefree||

    The broken window/lock is an excellent indicator for the self defense claim - - - - - -

  • BYODB||

    Now while that might indeed be true, a firearm is only decent self-defense if you happen to be home. Contrary to liberal belief, guns don't roam around the countryside looking for victims nor do they huddle in your home while you're away defending the place.

    A barking dog in the window is more a defense than several thousand dollars worth of 'home security'.

  • Roger Knights||

    A second, metal "security" door outside the regular one is a deterrent. Cost (not installed) is well under $1000.

  • BYODB||

    Uhh...no. Putting a 'second door in front of your first door' is even more retarded. The point is that windows on the ground floor are ubiquitous, and easily entered with a tool that's so primitive that literal monkeys have figured them out. RE: Rocks.

    It's a case of mass psychosis. The lock is only a deterrent if the burglar is a window-licking retard, and while those are out there even your dumbest thug can figure out how to break a window.

    That isn't to say that effective things don't exist, it's more just pointing out that virtually no one has those things yet consider their home 'safe'. It really shows how relatively safe and crime-free the United States is that this delusion persists.

  • I am the 0.000000013%||

    my wife's greatest, persistent fear is that someone is going to break in our house and abduct / kill her

    That's why I taught my ex-wife to bark like a dog...

    Wait, maybe that wasn't the reason...

  • Naaman Brown||

    I normally keep my front door locked.
    But distracted I have reentered the house and forgot to relock the door.

  • Rev. Arthur L. Kirkland||

    How did a fourth-year police office post $300,000 bond so quickly? Is $300,000 a customary bond for this type of killing (seemingly a strong candidate for a murder charge)?

    Why is she on paid leave after using her gun to kill an innocent citizen without justification?

  • Poppyseed||

    The Union handled the bond, or that's what they normally do at any rate.

  • Rev. Arthur L. Kirkland||

    In this circumstance, the union sucks. She was not on duty. Would the union have posted the bond had she grabbed a random baby from the mother and thrown the child over a cliff because he wanted the mother's spot in line to buy a lottery ticket?

    Given the OPM bond and the gravity of the known (so far) circumstances, fleeing might be a reasonable decision.

  • sarcasmic||

    Would the union have posted the bond had she grabbed a random baby from the mother and thrown the child over a cliff because he wanted the mother's spot in line to buy a lottery ticket?

    Not only would they have posted bond, but they would have defended her "split second decision." Police unions are probably the most disgusting organizations on the planet.

  • DesigNate||

    I really appreciate his fake concern about police unions. As if leftist shitbirds like him and Tony don't boil in anger if anyone here suggests they should go the way of the dodo.

  • AZ Gunowner||

    The police shouldn't be allowed to unionize.

  • croaker||

    They should be RICOed.

  • Unicorn Abattoir||

    You sound like you're coming around, Rev.

    Join us. Succumb to the dark side.

  • Kyfho Myoba||

    We have donuts!

  • Kelvis||

    Posting bond typically requires only 10% of the bond amount down. And your family, friends and yes, union can pay it.

  • Marcus Aurelius||

    One or two civil asset forfeitures should cover it.

  • Eddy||

    "This burglar I shot was an extremely bad person, he'd already stolen all my stuff and replaced it with his own! Look, he even replaced the apartment number and moved the apartment to a different floor!"

  • sarcasmic||

    The only question here is whether or not there is a department policy against going into the wrong apartment and killing the occupant. Being that SWAT gets away with it, I'm guessing no.

  • Agammamon||

    #1478

    #1378

    So yeah, we now know why this dude had to die.

    STOP WALKING SO DAMN LOUDLY! DO YOU FUCKING KEEP ELEPHANTS IN HERE?!

  • Cynical Asshole||

    STOP WALKING SO DAMN LOUDLY! DO YOU FUCKING KEEP ELEPHANTS IN HERE?!

    If that were the case, you'd think she could come up with a better story/ excuse:

    "Heard a 'disturbance' upstairs... went to investigate... was confronted by large belligerent male... feared for life... shots were fired... "

    "Good shoot, nothing to see here."

  • sarcasmic||

    Especially since she just worked a whole shift. Notice that the initial report stressed that she had worked a whole shift several times? I mean, she was like tired and stuff. If he was making noise then he was interfering with her ability to serve and protect. He was a menace to society. He deserved to die.

  • ||

    Notice that the initial report stressed that she had worked a whole shift several times?

    Phbbbt. Women! One full shift of hard work and they get all murder-y and shit. Amiright?

    You'll notice that she worked a full shift and was arriving home in uniform while the victim just appeared in his apartment in front of the bullet she was firing randomly. No word on where in the apartment she actually shot the guy, whether he was watching TV and cooking dinner with the radio on... maybe he got home from *two* full shifts and forgot to lock his door... nope she was tired and he was in the wrong place home at the wrong time.

  • dave b.||

    If that's the case then it's premeditated

  • Fist of Etiquette||

    She could face additional charges—including murder—depending on what a grand jury decides after hearing the case.

    Could she face lesser charges?

  • Vernon Depner||

    Except grand juries don't get to "hear the case". They get to hear what the prosecutor wants to tell them.

  • Jerryskids||

    There's no telling what might happen after a grand jury hears the case, but if it were you or me, you can be sure no grand jury would hear the case. Grand juries only ever hear the prosecutor's side of the case, they're simply there to determine if the prosecutor has enough evidence to pursue charges and their decision is based strictly on what the prosecutor tells them the evidence is. Unless it's a cop and then suddenly the prosecutor wants to make sure the grand jury gets "all the facts", including the defense's side of the story. IOW, a grand jury is a rubber stamp for the prosecutor and if the prosecutor doesn't want to indict somebody he simply allows the defense to present a reasonable doubt case and suggest to the grand jury that he doesn't have a strong case. And then he can claim credit for fairly and impartially going after cops but, gosh darn it, that dang old grand jury foiled his efforts to hold cops accountable for their bad behavior.

  • Jerryskids||

    There is some pushback to the rubber stamp here and there.

    On June 14, the grand jury was presented with 904 charges, which is triple the number it usually hears in a day.

    According to a motion filed the defense lawyers, that's too many charges for the grand jury to do its job effectively.

    The motion states that, on June 14 the grand jury sat from 8:30 a.m. until 6:20 p.m., which averages out to just 39 seconds reviewing each case.

    The jury true-billed all 904 cases.

    The defense lawyers claim reviewing so many cases so quickly amounts to rubber-stamping, not a serious review of the facts.

  • Paloma||

    That's similar to what happened in the Jon Benet Ramsey case. A Grand Jury found reason to indict but the prosecutor demurred.

  • Kyfho Myoba||

    That John Ramsey and the prosecutor had been friends and socializes earlier had nothing to do with it.

  • Eddy||

    The prosecutors made it a rubber stamp by insisting that they're the only outsiders who can show evidence to the grand jurors.

    Same thing happens with judges if they only hear one side - see the FISA court for example.

  • damikesc||

    Ill be a bit shocked if the deceased avoids posthumous charges.

  • DPICM||

    If she's not convicted, it would be a real shame if someone accidentally went to her apartment, mistaking it for their own, barged in, started shouting commands at her and shot her when those commands weren't immediately followed. It's a real shame, but it's just a justifiable shooting under those circumstances. Because that's what the precedent would mean, right?

  • sarcasmic||

    Um, no. Cops are actually presumed innocent until proven guilty, and there is a mens rea requirement as well. That only applies to them. We peasants are guilty. Period. A lawyer might get us off, but we're still guilty because a cop said so. And that guilty mind stuff doesn't matter for we peasants either, because ignorance of the law is no excuse. Well, unless you're a cop that is.

  • CE||

    What if another cop lives in the apartment below her?
    What if it's cops all the way down?

  • Longtobefree||

    Cops are innocent after being proven guilty.

  • Naaman Brown||

    Defense attorney David Niven asked a prospective juror if they could withhold judgement on the guilt or innocence of his client until after they heard all the evidence.
    Prosecutor Ron Howen raised an objection to the judge: the finding of a court is never guilt or innocence: it is guilt proven or guilt not proven.

    Usually the accused is guilt not proven unless convicted and guilt proven; acquittal just means guilt not proven. Acquittal in a criminal trial does not mean innocent. Rarely, say in an appeals case where gross miscarriage of justice is admitted, there may be a declaration of innocent. But that is very rare.

  • Kyfho Myoba||

    Duke lacrosse kids were found innocent.

  • loveconstitution1789||

    Crime of woman scorned ups those charges to 2nd Degree murder from voluntary manslaughter.

  • Kelvis||

    Lawyer here: self defense is a justification you think you ~reasonably~ believe you are at risk of serious harm, even if your belief turns out to be wrong. So if she ~reasonably~ believed it was her own home and an assailant was in the home intending to harm her, she was will be exonerated for using deadly force. This is true whether the shooter is a cop or civilian.

    So, the real question is how ~reasonable~ was her belief 1) did she reasonably believe she was in her own home? it was the same unit albeit different floor, which would support her reasonable albeit mistaken belief. But how did she not notice the difference in the unit once she walked in? This is starting to veer away from a "reasonable belief" depending on how far into the unit she got and how long she was in there before the encounter 2) Was there anything about the victim that would have caused her to think she was in danger? I can imagine he was surprised to say the least that a stranger walked in to his apartment, and may have said something forceful that she mistook for aggression. That could help her claim that she reasonably believed her actions were in self defense.

    Final note: if the shooter was impaired and made these decisions under the influence, we're looking at manslaughter or murder because the above "I reasonably believed I was in danger" defense goes out the window. No ma'am. You were just drunk.

  • A Thinking Mind||

    It seems to me if you're firing shots without being in the apartment long enough to recognize that it's not yours, you're being recklessly hostile, right?

    Of course, if those witnesses that are poking holes in her story testify, it could all be a moot point.

  • CE||

    You're standing in the open door of a neighbor's apartment, and an unarmed person you believe to be an intruder makes you feel you are at risk of serious harm? Why not just back out and call the police?

    Although I believe in Texas you can shoot a home intruder, unlike most states where they have to be armed and/or threatening you

  • Fred G. Sanford||

    In Texas you can use deadly force and argue self-defense as long as you had the "right to be present at the location where the force is used." In other words, Texans are allowed to use force in self-defense before retreating as long as they are not intruding on private property. She was intruding on private property.

  • SIV||

    Oh, an internet lawyer.

  • Eddy||

    "if she ~reasonably~ believed it was her own home"

    How many "civilians" have gotten away with such a defense?

  • Naaman Brown||

    The test explained to me in handgun carry permit class is not what YOU think.

    It is whether a reasonable person in your shoes would be in fear of imminent death or grievous bodily harm if they did not act under the circumstances as established by forensic investigation.

    The chain of reasonable persons starts with the investigating police officer and includes one or more of prosecutor, grand jury, trial judge, or trial jury.

  • Naaman Brown||

    The test explained to me in handgun carry permit class is not what YOU think.

    It is whether a reasonable person in your shoes would be in fear of imminent death or grievous bodily harm if they did not act under the circumstances as established by forensic investigation.

    The chain of reasonable persons starts with the investigating police officer and includes one or more of prosecutor, grand jury, trial judge, or trial jury.

  • ThomasD||

    I get what they were trying to tell you, but they really miscommunicated.

    There is no possible way to know what "a reasonable person in your shoes would" do, other than based upon what you THINK.

    Your best bet is if the "chain of reasonable persons" starts with YOU. Because, if it doesn't then you are screwed.

  • Ben of Houston||

    The reasonable person test is universally based on information available to you. It does not require you to be a mind reader.

    If a guy runs at you swinging an axe, you can shoot him.
    If it turns out to be a realistic but harmless prop axe and you had no idea, it is a pointless tragedy, as you couldn't know and a reasonable person would think they are in danger.
    If this occurred at a haunted house, then you are a murderer, as a reasonable person would expect him to be an actor.

    The concealed handgun class taught a stricter interpretation of this to help you protect yourself from getting prosecuted. You never want to rely on such a defense because of the squishy nature of the phrase "reasonable".

  • D-Pizzle||

    Thanks Ben, I should have read further down before calling Kelvis out.

  • ||

    This is true whether the shooter is a cop or civilian.

    Go blow it out your ass in front of Tom Wafer.

  • ||

    Sorry, Ted Wafer, the dude who shot an incoherent criminal who had fled the scene of an accident on his porch.

  • D-Pizzle||

    Yeah Kelvis, there are just too many errors here for me or any other lawyer to believe you are one given your misstatement of the reasonability standard to your botching of the impact of impairment.

  • operagost||

    "Was there anything about the victim that would have caused her to think she was in danger?"

    Yeah, he was a black guy! DUH!!!

    /s in case that wasn't obvious

  • BYODB||

    From a few of the people we know around town, we gather that what 'really happened' is that the guy heard this broad trying to get into his apartment, saw a cop through the peephole, opened the door and then basically got unloaded on.


    It's the only way the story makes any sense.


    There's also the fact that 'straight after work', at least in this case, left plenty of time to go and get wasted while in uniform.

  • Jerry B.||

    Oh, come on. This will end up being qualified immunity because she has not been formally taught that walking into the wrong apartment and shooting the unarmed resident is not legal.

  • shortviking||

    The grand jury thing makes me incredibly skeptical that she will ever be tried. All of this sounds like a set up by her union to worm out of her ever facing punishment. Next year she will be back on the streets looking for more innocent people to coldly murder.

  • Longtobefree||

    And yet, what would have happened if he had just finished cleaning is pistol, and blew her away as soon as she cleared the threshold? How many trucks would be required to carry the list of charges?

  • perlchpr||

    What charges?

    They don't bother to file charges against dead people.

    And if he'd shot her, he wouldn't have even made it to the jail.

  • Gasman||

    Yep. The very fact that he could not have ever prevailed in this situation says that her punishment must be most severe, nothing less than 2nd degree murder.

  • AD-RtR/OS!||

    Doesn't add up?
    NSS!

  • WillieNAZ||

    I'd have to call it a murder after hearing the witnesses testimony. She went upstairs and provoked an altercation and shot an unarmed man. He was probably playing his music too loud, or wasn't walking quietly enough for her liking. He either had an interaction with her in the past to open the door for her or she was still in uniform. She probably had her story together before she planned on murdering him.

  • Eddy||

    I guess there's two possibilities, and who knows which is the case:

    1) She's telling the truth, in which case she behaved really badly indeed.

    2) She's lying, in which case whatever the true scenario is would have to be even worse than the scenario she fabricated, which is saying something.

  • perlchpr||

    2) She's lying, in which case whatever the true scenario is would have to be even worse than the scenario she fabricated, which is saying something.

    This. And jesus, if this is the cover story...

  • snowhawk||

    What there were no furnishings in either apartment so she couldn't tell when the door opened that the apartment wasn't hers? Where at any time does she say that her life was in eminent danger? Jean didn't immediately comply to her commands so she murdered him. Second degree murder with a life sentence.

  • Hank Phillips||

    That paid vacation sounds pretty cruel and unusual.

  • Plumber Kennesaw GA||

    Yeah, the moment I stepped into the doorway and saw my neighbor, who I fortunately knew, I sobered up real quick and knew exactly where I was and what I had done.

  • rano del||

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    Disediakan paket trip wisata Pulau Tidung yang dapat dipilih oleh traveler untuk menikmati kenyamanan Pulau Tidung dengan sarana wisata lengkap, diawali dari homestay Pulau Tidung.
    lebih lengkapnya di Travel Pulau Seribu

  • operagost||

    Klaatu barada nikto to you, too!

  • TxJack 112||

    I have a fabulous idea. Why don't we let the investigation proceed and stop posting the opinions of people who have no clue about what has been found, are personally connect to either party and are too emotionally distraught to be objective? Why don't we not repeat Ferguson and destroy the life of a police officer before we know the actual facts using the statements of parties who were not present. How about we use the basic premise of the American judicial system that each of us is innocent until proven guilty in a court of law, not the media.

  • Ben of Houston||

    Come on, the speculation is half the fun.

    Being serious, though, given that police have been repeatedly let off the hook for situations far clearer than this that were caught on video, I have no intention of letting this fall into silence. Keep the story alive and the pressure on and we can get justice for Mr. Jean. If we let it quietly lapse, likely as not, it will be quietly swept under the rung.

  • Exsqueezeyou||

    Hey Jack,

    How about just using the information contained in the affidavit? It's enough to merit warming up the chippah for anyone capable of logic without a copsucking bias.

  • Gasman||

    The only thing that doesn't add up is that the cops did not 'find' a weapon that it could be alleged he was holding. And also throw in a crack pipe and few zip loc baggies for good measure.

  • Snarkonin||

    Did this guy have all the same exact furniture that she had in her apartment? How could anyone walk into a complete stranger's house and not recognize that fact? My guess is these two knew each other, possibly intimately. She came home from work, they had an argument, things got heated and she shot him. That's the only way this makes any sense to me.

  • IMissLiberty||

    She sure looks tired.
    Years ago, a study showed that people who have not slept in the past 20 hours cannot pass a field sobriety test (walk a line, balance, reaction time, judgement).
    I would never let an intern in a hospital work on me if they had not slept. Sleep-deprived people should not drive. Cops who work crazy long shifts are a danger to society. Some countries, as a result of the study, now hold employers as responsible as if they allowed their employee to drive home, drunk after an office party.
    No, coffee won't work to combat this once you reach 20 hours.

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