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This is the key for me and why I don't believe a word the cop is saying. There were dozens of signs that she either ignored or fail to observe. I find the whole story to be completely implausible and IMO it is complete BS.
1. Parked on the wrong floor of the parking garage. How did she fail to notice the countless signs that would have been prominently displayed letting her know that she was on the 4th Floor?
2. Walked from parking garage to the incorrect apartment. Once again how did she not notice any of the 4th Floor signage or any of the apartment numbers that would have made it obvious she was on the wrong floor?
3. The red floor mat. I don't care how tired you are or how full your arms are, that red floor mat would have been seen by anyone from yards away as she was walking in the hallway toward the apartment door.
4. The key and the multiple stories about the door. This is where it gets downright strange. Was the door locked and opened by Jean? Was the heavy door affixed with an auto closer ajar? Is that even possible unless the victim propped it open before they went to bed? Did she shoot him when she saw him and he startled her or did she shoot him from across the room while she was standing in the doorway and it was too dark to notice it was not her apartment? How can it be so dark that you can't tell you are in the wrong apartment but you can tell where someone is standing well enough to shoot them?
5. The cop's dog. Where is her dog and why didn't she wonder about it? Every dog I have owned or come into contact with is waiting for you at the door or bursting at the seams waiting to get out of the crate.
6. Why go straight to lethal force? Her new story, the door was ajar and she saw a super scary large shadow that created fear that required her to pull out her gun and start blasting. Is that even proper protocol on an actual police call? Arrive on scene, use deadly force against a target that has not been identified while you have no clear line of sight? Are cops trained to shoot at shadows in the dark first and ask questions later?
To believe the cops story you need to suspend all rational thought. How likely is it that a cop with a few years of experience could completely lose all knowledge of her surroundings like a dementia patient? She parked on the wrong floor, walked past and ignored multiple signs that would have said 4th Floor, she ignored many apartment numbers conveniently labeled with numbers that made it obvious they were on the 4th Floor, she walked up to and stood over a bright red floor mat in a lighted hallway and claims to have not seen it because - packages. Her key didn't work, or it did work, or the door popped open or was opened by a large black intruder - which is it? She didn't notice her dog was gone and instead of backing up and assessing the situation, she decides to shoot at a shadow across the room she can't see and is unresponsive to verbal inputs?
So the tired overworked cop managed to clock out, transfer to her personal vehicle, drive home without incident, park, walk inside the building but at that point is suddenly afflicted with a case of confusion and is forced to shoot at a shadow? Why does this sudden onset confusion cure itself a moment later when she snaps back into cop mode shouting commands and shooting her gun? If she was so out of it that she couldn't even make it to the correct apartment, how are we supposed to believe her story about the rest of the details? So messed up that you get lost on the way to your own apartment, but she is magically crystal clear on the details three days later and the facts all just miraculously line up with police officer's use of force regs and "fear for my life" protections. I have no idea why she is making up such a ridiculous story, but it is clearly retconned to cover her butt.
The sad thing is I suspect at least one cop worshipping juror is going to buy the whole thing hook line and sinker.
This is an excellent post, particularly the notes about her dog.
Just where did she think the dog was when she entered the apartment?
This is an excellent post, particularly the notes about her dog. Just where did she think the dog was when she entered the apartment?
Maybe wagging his tail in his carrier or killed by the "intruder" she confronts. Who knows? I don't think much time or thinking happened when she entered and spotted and shot the "intruder".
(1) intentionally or knowingly causes the death of an individual; or
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual.
Thank you for your response.
Agreed, my hunting example was poorly written. I was thinking of the guy that intends to shoot a deer but it was really a hiker they saw instead.
It will be interesting to see how precedents have shaped the application of these statutes. Would they argue that "intentionally causes the death" is more broadly defined than just pulling the trigger? Would it require that they went to their apartment intending to shoot the person?
Anyone know how long a typical tox report takes in that area? Seems like it's taking a while but I know some areas are more back-logged than others.
There is a possible third scenario. Normally, I wouldn't think anyone in his underwear would open the door but if Jean saw it was a police officer (presumably there's a peep hole) he might thinking it an emergency.
So the door opens ... Jean is at the door with light from the hall so Guyger can see this man (again in his underwear with nothing in his hands) who then backs away, 12 to 15 feet.
Sure, confused, groggy from being awakened, Jean doesn't follow her "commands." So she SHOOTS him. Pretty hard to make that a reasonable response much less self-defense.
And how in the world could Gugyer think a burglar shows up to rob an apartment in his underwear? She thinks he's a pervert and gets mad?
Every story is so unlikely that I can buy the confused cop scenario, but there are three very different judicial outcomes.
(1) Confused cop with door mechanism flawed and Jean at a distance so potentially a threat.
(2) Confused cop with Jean opening the door and so not initially at a distance plus based on his dress/behavior not a threat in any realistic scenario
(3) Cop with a chip on her shoulder over the noise with a gun who lost it.
Pick your door (sorry, bad pun).
The official story so far (1). She encountered "her apartment" door ajar but entered anyway. So I think this is where the charge of reckless and manslaughter and not just negligent would stem. She was aware that "her door" was compromised and someone could be inside and a deadly confrontation could occur but she entered anyway.
Her stating the door was ajar might just incriminate her more than if she said it was latched and she entered. She may have thought saying the door just opened under key pressure is less incriminating. I think the door was most likely latched but unlocked.
Maybe her defense will be she entered the compromised door acting as a police officer, I don't know.
Guyger parking on the wrong garage floor is the strangest. How could she not notice the floor # signs as she is drove up the parking structure. This is even weirder than not seeing Jean's bright red door mat. Question: Do the tenants have assigned parking spaces?
What's the difference between thinking someone is a deer, and someone is an intruder? - both cases of mistaken identity, and both end up with the same result of a dead person.
It might sound silly but logically I think you're right. The law says "individual" and not a "deer" but if your knowledge and intent is to shoot an intruder, then other Texas statutes say you are innocent.
I think your posts draw a lot of ire specifically because of this, and it's not the first time it happened.
They might see some of your posts where you agree that a minority deserved something bad, and believe that they have another racist friend. Then they are shocked and angry when they realize that your decisions aren't based on race, but the facts and details of the situation.
It's so out of the norm for this forum, that it kind of puts a target on your back.
MPowering1 posts things similar to what I do, but then he often uses me as a scapegoat to cover for it or to virtue signal. I don't agree with those who think he's racially biased, but I don't agree with the way he projects that on me either.
Guyger parking on the wrong garage floor is the strangest. How could she not notice the floor # signs as she is drove up the parking structure. This is even weirder than not seeing Jean's bright red door mat. Question: Do the tenants have assigned parking spaces?
Parking on the wrong floor occasionally happens. Apparently she was very inattentive at least at the time she parked setting her up for further error.
Do you think she intentionally parked her car one floor up in a premeditate plan have a poor cover story for murdering Jean or what?
a. she didn't see the red mat in front of Botham's door AND
b. Botham's door was ajar AND
c. the witness are lying about what they heard
The chances of all 3 of those things going in her favor are extremely low.
I can believe a witness or two is lying, it's happened before, but they don't have to be lying just mistaken.
Maybe she bumped the door with whatever equipment as she entered and the witnesses in their apartments thought this was knocking. And maybe she said something like "Let me see your hands!" and the witness thought they heard "Let me in!".
Parking on the wrong floor occasionally happens. Apparently she was very inattentive at least at the time she parked setting her up for further error.
Do you think she intentionally parked her car one floor up in a premeditate plan have a poor cover story for murdering Jean or what?
I honestly don't know what to think, mtl1. I can understand the "auto pilot" aspect up to a point. Guess she was in pure zombie mode.
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