Dallas officer kills man after mistaking apartment for her own, police say

[0xdeadbeef 1622]

5 hours ago, C-Man said:

The 911 call hasn't been released but WFAA has a story about the call and cites a couple of unnamed sources. Presumably, those are DPD or DA's office sources. Says Amber was on the 911 call when she flipped on the lights and realized she was in the wrong apartment. She says "she's tired" and wonders "how she did that" and "I thought it was my apartment" at least a dozen times. Ballistics says there's gunpowder on the door or on the wall near the door along with the shell casings. Jean's body was found 15 or so feet away in the apartment and fell where he was initially shot. In going over the story this morning in "Muse in the News" Gordon said there are multiple reports of other residents experiencing issues with random people walking in on their apartments in that complex. Hmm ..

https://www.wfaa.com/article/news/im-so-sorry-911-call-reveals-confusion-after-dallas-cop-kills-botham-jean/287-595990958

Let's assume these facts are correct.  So she was standing in a well lit hallway in front of what she thought was her own apartment,  she somehow opened the door {defective lock, left ajar, doesn't matter}, she saw a stranger 15 feet away and  yelled commands at him.  So far not unreasonable.    How the fuck does she go from there to shooting him?

Police arrogance is the only answer.   She shot him because she's a cop and he didn't follow her goddamn commands.     

She should have stepped back, let the door close and called for backup.  It's not like the guy could exit from the back.   She was in no way in clear danger. 

 

 

[4th and 5 4910]

36 minutes ago, TwiceHorn said:

What kind of theory are you guys thinking of for NG?  Or just kind of a nullification theory?

Intentional act + defense of self defense + defense of property + mistake of fact

A reasonable belief at the time is what is required, not a correct belief.....it is not judged in hindsight but under the circumstances that the person reasonably believed them to be.

Below are the elements of deadly force to defend person, color coded, and commented on ..... mistake of fact law is so muddy the more I read the less I understand

Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON.

(a) A person is justified in using deadly force against another:

(1) if the actor would be justified in using force against the other under Section 9.31; and

(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary: (SHOT FROM A DISTANCE)

(A) to protect the actor against the other's use or attempted use of unlawful deadly force; or (HE DID NOTHING OTHER THAN OCCUPY WHAT SHE THOUGHT WAS HER DWELLING AND PERHAPS NOT COMPLY WITH HER ORDERS)

(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery. (I SUPPOSE ANY OF THESE ARE POSSIBLE, IS IT REASONABLE TO ASK AN INTRUDER IN YOUR HOME WHAT THEIR SPECIFIC INTENT IS?)

(b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:

(1) knew or had reason to believe that the person against whom the deadly force was used:

(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied (BIG PROBLEM) habitation, vehicle, or place of business or employment;

(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or

(C) was committing or attempting to commit an offense described by Subsection (a)(2)(B);

(2) did not provoke the person against whom the force was used; and

(3) was not otherwise engaged in criminal activity, (IF ENTRY OF HER ENTIRE BODY INTO THE DWELLING = CRIMINAL TRESPASS) other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.

(c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.

(d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat.

[4th and 5 4910]

2 minutes ago, 0xdeadbeef said:

Let's assume these facts are correct.  So she was standing in a well lit hallway in front of what she thought was her own apartment,  she somehow opened the door {defective lock, left ajar, doesn't matter}, she saw a stranger 15 feet away and  yelled commands at him.  So far not unreasonable.    How the fuck does she go from there to shooting him?

Police arrogance is the only answer.   She shot him because she's a cop and he didn't follow her goddamn commands.     

She should have stepped back, let the door close and called for backup.  It's not like the guy could exit from the back.   She was in no way in clear danger. 

 

 

Well lighted hallway, looking in to a dark room, eyes not adjusted, maybe no backlighting (negative contrast) either.

Easy to second guess fight or flight when you have all day to do so.

Edited September 20, 2018 by 4th and 5

[TwiceHorn 31184]

Cool, thanks, that's what I thought.

Also, if manslaugther sticks as the biggest charge?  Mistake of fact makes the totality of the action less than reckless?

Edited September 20, 2018 by TwiceHorn

[4th and 5 4910]

8 minutes ago, TwiceHorn said:

Cool, thanks, that's what I thought.

Also, if manslaugther sticks as the biggest charge?  Mistake of fact makes the totality of the action less than reckless?

Sec. 8.02. MISTAKE OF FACT. (a) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.

(b) Although an actor's mistake of fact may constitute a defense to the offense charged, he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed.

 

Read what I bold faced.

The mistake of fact is: "I thought it was my house."

If the fact were as she believed, that is, it was in fact her house, would she be guilty of any lesser included offense, specifically manslaughter or criminally negligent homicide? 

[4th and 5 4910]

The more I read, the more I think that the self defense dream team of 4th and 5 and @Silky Johnston could get her off

[TwiceHorn 31184]

6 minutes ago, 4th and 5 said:

Sec. 8.02. MISTAKE OF FACT. (a) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.

(b) Although an actor's mistake of fact may constitute a defense to the offense charged, he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed.

 

Read what I bold faced.

The mistake of fact is: "I thought it was my house."

If the fact were as she believed, that is, it was in fact her house, would she be guilty of any lesser included offense, specifically manslaughter or criminally negligent homicide? 

I think if they charge murder, yeah the jury buys mistake of fact and self defense, but still decide she was overall reckless.

I don't really know how you defend manslaughter, other than to say she made a reasonable mistake of fact and her shooting of someone she thought was in her place was at worst negligent, and neither criminally negligent nor reckless.

Edited September 20, 2018 by TwiceHorn

[0xdeadbeef 1622]

16 minutes ago, 4th and 5 said:

Well lighted hallway, looking in to a dark room, eyes not adjusted, maybe no backlighting (negative contrast) either.

Easy to second guess fight or flight when you have all day to do so.

Shooting him is such a perverse escalation of the situation that only a psychopath or a cop would entertain it.   It's not second guessing.  Backing away is what 99.999% of the population would have done.   But she didn't want to, because she was "already wearing black for his funeral". 

[scottsins 1953]

21 minutes ago, 4th and 5 said:

Sec. 8.02. MISTAKE OF FACT. (a) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.

(b) Although an actor's mistake of fact may constitute a defense to the offense charged, he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed.

 

Read what I bold faced.

The mistake of fact is: "I thought it was my house."

If the fact were as she believed, that is, it was in fact her house, would she be guilty of any lesser included offense, specifically manslaughter or criminally negligent homicide? 

Doesn’t the mistake of fact have to be objectively reasonable?  I haven’t run into the issue, so I honestly do not know.

[RPM 26185]

She should just present that Pintrest post as evidence she's licensed to kill and rest her case.

[SDG 3319]

12 minutes ago, RPM said:

She should just present that Pintrest post as evidence she's licensed to kill and rest her case.

Anyone got a post# ive been out of the loop for a few days.  

[RPM 26185]

19 minutes ago, SDG said:

Anyone got a post# ive been out of the loop for a few days.  

 

[El Diablo 4232]

So she was hollerin' "Open the door"? or "Let ME IN"? She didn't just push the door open, see a figure in the half-light and start blasting. There was evidently some exchange between herself and the deceased prior to her lighting his ass up. Mistake of fact just doesn't seem to be adequate when there are so many other options that were available and most likely would have been taken by a reasonable person. I just don't know if she was overzealous or just in constant fear due to her occupation. 

Regardless of the outcome of her legal woes I think the biggest story is the how she was handled in the immediate aftermath. Double standard. How can anyone be expected to trust such an institution? 

[NotActuallyALonghorn 4965]

Her use of force probably wouldn't have been justified under police procedures. She probably had a taser and pepper spray on her belt that would have been the proper tools if she had been acting in the capacity of a police officer.

[Guest Lobo]

Police officers make great divorce attorneys.  Escalating everything when there's nothing there...

[gsoda3 3234]

if any of us opened a door to our apartment and there was someone there we'd be justified in shooting them, no?  in texas we don't have a duty to flee.  

 

 

[Deej 76510]

2 minutes ago, gsoda3 said:

if any of us opened a door to our apartment and there was someone there we'd be justified in shooting them, no?  in texas we don't have a duty to flee.  

 

 

Apparently, as a police officer, as long as it's a door to an apartment.

[Quagmire 2146]

If I’m at home and someone breaks in I’m probably shooting and asking questions later. If I came home and someone is in my house, I’m retreating and calling the cops. Like someone said there’s one entrance , don’t see how she was in danger.

[Deej 76510]

 

[Brisketexan 104462]

For the millionth time....she’s skating.

The the whole mistake/self defense story. Layer on the “drug-fueled black madman who wouldn’t obey commands,” and it’s a done deal.

Bottom line, the state of the nation is that a cop can open your door and shoot you dead in your own house and get away with it. Especially if you’re a scary black guy.

[TornACL 7673]

And they'll say it was just a tragic mistake made by someone so tired from long shifts because the PD is so short on funding and staffing. 

And some politician will increase the budget to hire more cops and he'll be hailed as a hero to the community. 

[4th and 5 4910]

Been busy defending the Constitution today, been trying to get around to this section of Chapter 9 of the Penal Code that addresses use of force by peace officers

 

SUBCHAPTER E. LAW ENFORCEMENT

 

 

Sec. 9.51. ARREST AND SEARCH.

(a) A peace officer, or a person acting in a peace officer's presence and at his direction, is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making an arrest or search, or to prevent or assist in preventing escape after arrest, if:

(1) the actor reasonably believes the arrest or search is lawful or, if the arrest or search is made under a warrant, he reasonably believes the warrant is valid; and

(2) before using force, the actor manifests his purpose to arrest or search and identifies himself as a peace officer or as one acting at a peace officer's direction, unless he reasonably believes his purpose and identity are already known by or cannot reasonably be made known to the person to be arrested.

(b) A person other than a peace officer (or one acting at his direction) is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making a lawful arrest, or to prevent or assist in preventing escape after lawful arrest if, before using force, the actor manifests his purpose to and the reason for the arrest or reasonably believes his purpose and the reason are already known by or cannot reasonably be made known to the person to be arrested.

(c) A peace officer is justified in using deadly force against another when and to the degree the peace officer reasonably believes the deadly force is immediately necessary to make an arrest, or to prevent escape after arrest, if the use of force would have been justified under Subsection (a) and:

(1) the actor reasonably believes the conduct for which arrest is authorized included the use or attempted use of deadly force; or

(2) the actor reasonably believes there is a substantial risk that the person to be arrested will cause death or serious bodily injury to the actor or another if the arrest is delayed.

(d) A person other than a peace officer acting in a peace officer's presence and at his direction is justified in using deadly force against another when and to the degree the person reasonably believes the deadly force is immediately necessary to make a lawful arrest, or to prevent escape after a lawful arrest, if the use of force would have been justified under Subsection (b) and:

(1) the actor reasonably believes the felony or offense against the public peace for which arrest is authorized included the use or attempted use of deadly force; or

(2) the actor reasonably believes there is a substantial risk that the person to be arrested will cause death or serious bodily injury to another if the arrest is delayed.

(e) There is no duty to retreat before using deadly force justified by Subsection (c) or (d).

(f) Nothing in this section relating to the actor's manifestation of purpose or identity shall be construed as conflicting with any other law relating to the issuance, service, and execution of an arrest or search warrant either under the laws of this state or the United States.

(g) Deadly force may only be used under the circumstances enumerated in Subsections (c) and (d).

Edited September 20, 2018 by 4th and 5

[4th and 5 4910]

Nor have we really discussed defense of property

 

SUBCHAPTER D. PROTECTION OF PROPERTY

 

Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.

(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:

(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or

(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.

 

 

Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:

(1) if he would be justified in using force against the other under Section 9.41; and

(2) when and to the degree he reasonably believes the deadly force is immediately necessary:

(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by any other means; or

(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

 

[Chewbacca 7723]

Had anyone ever killed a cop in their house and been found not guilty? This assumes they live to see a trial, of course.

[TexasEd 8062]

If the opposite had happened and the resident shot the cop who broke into his apartment he would fry.

[immortal13 4059]

Cops are probably the most dangerous people you can encounter

[NotActuallyALonghorn 4965]

5 hours ago, Chewbacca said:

Had anyone ever killed a cop in their house and been found not guilty? This assumes they live to see a trial, of course.

I think there was a case where a guy killed one of the cops serving a no knock warrant and was let off. Cops had the wrong address.

[Orange&White 5516]

3 hours ago, NotActuallyALonghorn said:

I think there was a case where a guy killed one of the cops serving a no knock warrant and was let off. Cops had the wrong address.

And now that guy gets pulled over over and given a ticket for going 30.1 every single day on his way to work.

[JimmyHoffa 1188]

14 hours ago, scottsins said:

Triple post

imgur

[C-Man 26991]

17 hours ago, 0xdeadbeef said:

Shooting him is such a perverse escalation of the situation that only a psychopath or a cop would entertain it.   It's not second guessing.  Backing away is what 99.999% of the population would have done.   But she didn't want to, because she was "already wearing black for his funeral". 

Yeah, kind of where I'm at on this now.

[El Diablo 4232]

27 minutes ago, C-Man said:

Yeah, kind of where I'm at on this now.

Yep. We've got a shitload of veterans who have seen combat duty over the last 15 or so years, people you might think would be prone to getting trigger happy due to conditioning from combat. But I haven't heard or seen anything to indicate that they're killing an inordinate number of folks when stressed. I'm sure it has been happening, almost certain of it but to me that would be more understandable than a cop just snapping off a couple of rounds at the first sign of trouble. This lady was mental.

[kevwun 15595]

Why would you be yelling at someone to let you in to your own apartment that you have a key for?  If that part ever gets confirmed, she's gonna have a hard time explaining why she was still convinced it was her apartment.  The door can't have been unlocked and/or open if that was the case.

Edited September 20, 2018 by kevwun

[irishtexan 11442]

I'm just dropping by to see if any incriminating or defaming personal information has been publicly released about the officer, as was done about the deceased last week. Oh, still nothing? Weird. So weird.

[Gene Parmesan 3992]

3 minutes ago, irishtexan said:

I'm just dropping by to see if any incriminating or defaming personal information has been publicly released about the officer, as was done about the deceased last week. Oh, still nothing? Weird. So weird.

Her retarded pinterest posts have been the subject of several pages here. 

[Brisketexan 104462]

7 minutes ago, Gene Parmesan said:

Her retarded pinterest posts have been the subject of several pages here. 

By members of the interested public.  By the media and police?  Crickets....

She's a hero.  She is stressed from putting her life on the line every day for YOU.  You should be thanking her, not prosecuting her.  And if only that drug-crazed black man would have listened to a cop issuing lawful orders, he would be alive today.  The defense rests.

[immortal13 4059]

29 minutes ago, kevwun said:

Why would you be yelling at someone to let you in to your own apartment that you have a key for?  If that part ever gets confirmed, she's gonna have a hard time explaining why she was still convinced it was her apartment.  The door can't have been unlocked and/or open if that was the case.

Exactly. That part of the story makes zero sense to me. If she thought it was her apartment, then why the yelling? Not to mention the fact that her key didn't work. Could she have been drunk and they are covering that up? Several things just aren't adding up here. 

#thinblueline

Edited September 20, 2018 by immortal13

[El Diablo 4232]

27 minutes ago, kevwun said:

Why would you be yelling at someone to let you in to your own apartment that you have a key for?  If that part ever gets confirmed, she's gonna have a hard time explaining why she was still convinced it was her apartment.  The door can't have been unlocked and/or open if that was the case.

She was convinced she was at her apartment. He prolly told her to fuck off thru the door. Yelling commences. He returns, opens the door and gets blasted. Staggers away and dies. She flips on light and flips out.

[Onboard 2.0 9083]

That she didn't just back the hell out of the apt. and call for back up or just get out of the situation to a safe location is a bit beyond belief.

[Guest Lobo]

I think the manager of the dry goods & sundries store in "Oh Brother Where Art Thou" is also in charge of Dallas toxicology labs and the electronics company that maintains that keycard system in the South Flats.  A goddamn geographic anomaly, two fucking weeks from everything.  Second unit production crew from CSI: Montpelier moves faster than this.  

Oh wait, right---I forgot.  It's a death involving police use of force.  So we wanna make sure we get it right, hence all the dotted I's and crossed T's.  Yep, that's the ticket.  Just a lot of extra precautions and due diligence.  

[C-Man 26991]

42 minutes ago, kevwun said:

Why would you be yelling at someone to let you in to your own apartment that you have a key for?  If that part ever gets confirmed, she's gonna have a hard time explaining why she was still convinced it was her apartment.  The door can't have been unlocked and/or open if that was the case.

This keeps getting thrown out there but has that been reported anywhere? Can't recall if the Jean family attorney has been the source or is speaking about it. I think Gordon had on "Muse" yesterday that Jean family hasn't offered up any reasons for why their son might've been shot in anything other than an accident. We've seen people talk about her filing noise complaints against Jean -- including one that day -- but nothing from the Jean attorney. If that actually occurred I'd be screaming that from the highest mountain if I'm on the Jean team.

[TwiceHorn 31184]

5 minutes ago, C-Man said:

This keeps getting thrown out there but has that been reported anywhere? Can't recall if the Jean family attorney has been the source or is speaking about it. I think Gordon had on "Muse" yesterday that Jean family hasn't offered up any reasons for why their son might've been shot in anything other than an accident. We've seen people talk about her filing noise complaints against Jean -- including one that day -- but nothing from the Jean attorney. If that actually occurred I'd be screaming that from the highest mountain if I'm on the Jean team.

I think it is still part of the "rumor mill."  As are the noise complaints.

Also, some lawyers like to try their cases in the press and some don't.  I have heard of Merritt in connection with civil-rights-type-things before, but don't recall him being an Avenatti type.  It seems that lawyers that like to try their cases in the press often don't have much of a case on the merits, so they try to create a sideshow that either favors their client or trashes the opponent to increase the settlement value.  Otherwise, there isn't much point to it, other than self-aggrandizement.

I would think that this would be a pretty decent case on the merits, if lacking a deep pocket defendant or insurer (Texas Municipal League?).

Edited September 20, 2018 by TwiceHorn

[Flaming Moderate 112]

19 hours ago, 0xdeadbeef said:

Let's assume these facts are correct.  So she was standing in a well lit hallway in front of what she thought was her own apartment,  she somehow opened the door {defective lock, left ajar, doesn't matter}, she saw a stranger 15 feet away and  yelled commands at him.  So far not unreasonable.    How the fuck does she go from there to shooting him?

Police arrogance is the only answer.   She shot him because she's a cop and he didn't follow her goddamn commands.     

She should have stepped back, let the door close and called for backup.  It's not like the guy could exit from the back.   She was in no way in clear danger. 

 

 

This. (Please Don't Answer)Didn't Capt. Obvious know she was next to the police station? Why didn't she just return to the hall and call the cops? (Yes, I know, she did not know it was her apartment so likely she would not realize the police station was across the street)

[Gene Parmesan 3992]

The anonymous ear witness reports and the noise complaints completely contradict her story.  Either way one of the versions will be shown to be BS sooner or later.

[Chewbacca 7723]

26 minutes ago, Onboard 2.0 said:

That she didn't just back the hell out of the apt. and call for back up or just get out of the situation to a safe location is a bit beyond belief.

She is the authoritah here.  You will obey her orders or you will be shot.  She's already wearing black for your funeral.

[hayden_horn 11360]

uh oh

https://www.dallasnews.com/news/crime/2018/09/19/apartment-managers-really-visited-botham-jeans-home-before-killed-amber-guyger

Quote

After Botham Jean was shot and killed in his Dallas home by an off-duty police officer, attorneys and law enforcement officials said there was a noise complaint targeting his apartment earlier that day.

But it turns out it wasn't loud music that brought leasing office employees to Jean's apartment hours before he was shot at the South Side Flats, an attorney for Jean's family said Wednesday. 

Rather, it was the smell of marijuana, and they ultimately determined it wasn't coming from Jean's home, attorney Lee Merritt said.

<snip>

The day of the shooting, employees from the South Side Flats leasing office knocked on Jean's door saying there had been a noise complaint, Merritt said.

Jean told his girlfriend what happened and that he was offended by the women's visit because he'd just gotten home from work at PricewaterhouseCoopers and wasn't playing music, said a law enforcement official, who isn't authorized to address the case publicly and spoke on condition of anonymity.

 

even MORE uh-oh at the end:

Quote

The Jean family's attorney also shed new light Wednesday on how he spent his final night.

The night he was killed, Jean planned to watch the Atlanta Falcons play the Philadelphia Eagles, the first game of the NFL season, Merritt said.

"He was a huge football fan and was looking forward to watching the game," Merritt said.

A thunderstorm passing through Philadelphia delayed the game by 45 minutes, so the game was still on when Guyger arrived at his door about 10 p.m.

Jean was eating cereal, texting a friend and using his laptop around that time, Merritt said. A file from work sat nearby, but it was too dark in the room to work, he added.

The officer was still in uniform when she fired her service weapon twice, striking Jean once in the torso. He was found lying next to the couch, Merritt said.

he was found next to the couch, watching football, with his laptop, texting friends.

but he's black, i guess, so he must be a burglar because of the drugs found in the apartment.

[Onboard 2.0 9083]

She toast...............

[kevwun 15595]

So she missed the unarmed guy once?  Maybe the bullet was deflected by his bowl of cereal.

[Eternal Noob 29]

On 9/9/2018 at 11:56 PM, clapclapclap said:

I thought there was conflicting accounts from the neighbors on if she was yelling "Open up" before opening his door, but it reads now like 2 of the neighbors heard multiple cops yelling that, so perhaps after the shooting?  But still doesn't quite make sense.

 

https://heavy.com/news/2018/09/amber-guyger/

Alyssa Kinsey, Jean’s next-door neighbor who was so close she shared a wall with him, wrote on Facebook, “This happened in the apartment next to me, to my very kind and friendly neighbor. I am absolutely heartbroken. Please, please keep his family in your prayers and send love and light their way. I cannot even begin to imagine the pain they are in.” She shared a GoFundMe page for Jean’s family. It reads, “We are mourning the loss of our brother Botham Jean. He was a great Christian example and an inspiration to us all. We are asking for donations to cover funeral arrangements, his family’s travel expenses, and anything else they may encounter. He will be missed.”

In the interview with Heavy, Kinsey said, “I was talking to my boyfriend, heard a shot, then some sort of commotion. Sounded like yelling/running/some loudness so I jumped up, ran to the door, looked out the peep hole, didn’t see anything at that moment but I could hear a woman calling 911 and hyperventilating.”

Kinsey gave Heavy this video showing the hallway in the apartment.

Kinsey told Heavy that she saw the female officer pacing in the apartment hallway. She heard the officer say the apartment number and the words “was shot,” but she adds, “she was pacing away from me at that point.”

After hearing the shooting, Kinsey says, “I then posted on nextdoor app as a warning. I did not hear pounding or yelling before the shot. These halls are echoey so I feel like I’d hear it but maybe not.”

 

https://www.dallasnews.com/news/crime/2018/09/06/shooting-reported-cedars-near-dallas-police-headquarters

When Kinsey heard the gunshot at her neighbor's front door Thursday night, she assumed it was a domestic dispute.

"I didn't hear any knocking or yelling beforehand, just the shot," she said. "And then the woman's voice calling 911."

Police didn't indicate that anyone had witnessed the shooting, but two other women who live on the second floor near where the shooting happened said they heard a lot of noise late Thursday.

"It was, like, police talk: 'Open up! Open up!'" 20-year-old Caitlin Simpson said.

Yazmine Hernandez, 20, was studying with Simpson when they heard the commotion.

"We heard cops yelling," she said, "but otherwise had no idea what was going on."

One of the neighbors claimed not to hear anything before the shots.

[DigDug 1649]

So the apartment had a distinctive smell of marijuana, and she says she thought it was hers.

[irockalltherocks 55]

1 hour ago, Gene Parmesan said:

Her retarded pinterest posts have been the subject of several pages here. 

 

1 hour ago, Brisketexan said:

By members of the interested public.  By the media and police?  Crickets....

 

The source for the pinterest posts was the Dallas Observer.