TexasCHLforum.com

The city of Dallas won’t be held liable for the death of Botham Jean, a federal district judge ruled this week.
U.S. District Judge Barbara Lynn dismissed the city from a civil lawsuit filed by Jean’s family. Jean, a black man
from St. Lucia living in Dallas, was killed in his own home by Amber Guyger, a white off-duty police officer, on Sept. 6, 2018.

Though the lawsuit did not seek a specific amount, Guyger is now the only defendant in the civil lawsuit filed in 2018,
making a high-dollar settlement unlikely.

Amber Guyger’s Defense Team Says Former Dallas Officer Got Fair Trial: ‘She Shot And Killed Such A Wonderful, Innocent Young Man’

ELB wrote: ↑Wed Oct 09, 2019 1:11 pm

WildBill wrote: ↑Wed Oct 09, 2019 12:00 pm ...
If he didn't have any arrests I don't think they would know.

I Bing'ed his name for Texas arrests, turns out "Joshua Brown" is a VERY popular name under which to be arrested. Too many for me to sort through.

ELB wrote: ↑Wed Oct 09, 2019 11:23 am

Paladin wrote: ↑Wed Oct 09, 2019 10:26 am ...
That's a really long way to go to buy drugs. From what WFAA says the 3 drove over 300 miles from Louisiana to steal drugs from Brown.

Perhaps because they had done business with him in the past and thought he had a lot of drugs to steal?

Interesting.

Did the prosecution know their witness against a police officer was a drug dealer? Did the defense lawyers know?

I wonder if this will work its way into the appeals.

crazy2medic wrote: ↑Sun Oct 06, 2019 11:42 am

Dave2 wrote: ↑Fri Oct 04, 2019 5:34 pm

Ruark wrote: ↑Thu Oct 03, 2019 10:42 am

I just have a hard time with her not understanding she was on the wrong floor and wrong apartment.

Other aspects of the case notwithstanding, this is completely understandable. I've made this mistake myself in the past, in apartments and hotels where all the floors, hallways, doors, etc. are identical. After 5,000 times, walking to your door just becomes automatic, especially when you're exhausted from a 14 hour shift. The elevator door opens, you step out, turn left, walk to the third door and go in. You could do it blindfolded. If the elevator HAPPENS to open on the next floor, it's very easy to not notice.

Eh, sorta? Two floors are rarely identical. At least in the apartment complexes I’ve lived in or been to, once people have been inhabiting it long enough, there are typically clues like different welcome mats, door decorations, or maybe someone has a potted plant out front or something. And if the stair case/elevator is near a window, the view can be drastically different depending on the height/appearance of neighboring buildings.

How aware you need to be to notice such things obviously depends on the details. Coming off a 14-hour shift would certainly not help.

Per the Texas Ranger that did the investigation he went to the wrong Apartment on three separate occasions, he had statements from 93 residents that stated they had gone to the wrong apartment, the Texas Ranger stated that neither the floors or apartments were marked! This has been my question all along why did she not note that the furniture was different or layed out different, just seems peculiar to me.

carlson1 wrote: ↑Sat Oct 05, 2019 6:56 pm Is this interesting or just a coincidence?

03Lightningrocks wrote: ↑Sun Oct 06, 2019 2:11 am

carlson1 wrote: ↑Sat Oct 05, 2019 10:21 pm One of the attorney’s for Jean family has been asked to investigate. As the old preacher said, “gag a maggot off a gut wagon.”

If someone was doing this to effect the trial they were late. His testimony wasn’t what sealed the deal. I did hear him testify to meeting Botham that day and he said, “ I met him and we

smoked weed and sang gospel songs

.” All he said about the shooting was he never heard Guyger give commands. Not much in my opinion.

Now there is an interesting combination. That is right up there with getting drunk and baying at the moon.

carlson1 wrote: ↑Wed Oct 02, 2019 4:36 pm The most power victim statement (Botham’s brother) I have heard and ended like nothing I have seen. I am old man, but I couldn't help it I cried.

Soccerdad1995 wrote: ↑Tue Oct 01, 2019 1:35 pm

C-dub wrote: ↑Tue Oct 01, 2019 12:08 pm WOW

WOW

WOW

When they appeal, I wonder how much of the testimony this jury didn’t get to hear will be presented or allowed. Then if this is overturned that’s it, right? It doesn’t go down to manslaughter, right?

And if that happens she is free because they dumped their mag in this trial with regards to convicting on murder instead of manslaughter.

IANAL, but I think that if there was a procedural error, such as improperly excluding testimony, then the case gets reverted back and can be re-tried (with the relevant testimony included). So not a complete reversal and freedom, but definitely a better outcome for the defendant than where she is at right now. Worst case, she ends up in the same exact spot.

After the verdict, Ben Crump, an attorney for the Jean family, said 26-year-old Jean was a "near perfect" person.

"This jury had to make history in America today, because Botham was the best that we had to offer," Crump said. "Twenty-six year old,
college-educated black man, certified public accountant, working for one of the big three accounting firms in the world, PricewaterhouseCoopers."

"But it shouldn't take all of that for unarmed black and brown people in America to get justice," Crump said.

Crump said the verdict wasn’t just for Jean and his family.

“This verdict is for Trayvon Martin," he said, "it’s for Michael Brown, it’s for Sandra Bland, it’s for Tamir Rice, it’s for Eric Garner,
it’s for Antwon Rose, it’s for Jemel Roberson, for EJ Bradford, for Stephon Clark, for Jeffrey Dennis, Genevieve Dawes, for Pamela Turner.”

“O’Shae Terry,” interjected Merritt, who also represents the Jeans.

“For so many black and brown unarmed human beings all across America,” Crump continued, holding Allison Jean’s hand in the air, "
this verdict today is for them. Everybody can raise their hands — this verdict is for them. This verdict is for them.”

AndyC wrote: ↑Tue Oct 01, 2019 12:29 pm I'm curious how they got to "murder" - I had thought that that charge implies premeditation.

bbhack wrote: ↑Tue Oct 01, 2019 11:39 am The sound bite I'm hearing has the jury foreman saying "No outbursts" after the verdict was read. Since when does the jury foreman control the courtroom? This is outrageous.

While bailiffs warned those in the courtroom about cellphone use and reactions, a woman yelled "yes" as the judge read the verdict. A bailiff standing behind her immediately admonished, ”No outbursts!”

carlson1 wrote: ↑Tue Oct 01, 2019 11:03 am

Jago668 wrote: ↑Tue Oct 01, 2019 10:57 am

carlson1 wrote: ↑Tue Oct 01, 2019 10:45 am Found guilty of murder.

Honestly surprised. I was expecting manslaughter.

I thought manslaughter, but then again the jury never heard all investigator’s testimony.

carlson1 wrote: ↑Thu Sep 26, 2019 10:16 pm This is also interesting from a prosecutor that is not involved in this case said.

"It's a really legally interesting case, how 'mistake of fact' can be such a powerful defense,"

...If the jury believes she was mistaken in entering the wrong apartment and perceived Jean as a deadly threat, Guyger could be acquitted of murder.

"So the real question is whether the mistake of fact defense negates that intent, and if it does she should be found not guilty," ...