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

[woohorn 1131]

Think both 5 and 10 year guesses are correct.

I guess 10 year sentence that she (potentially) serves 5 of.

[Pato del Muerto 53357]

So is the thinking here that she went to the door, heard noises, thought ‘I can legally shoot this intruder,’ drew her gun, opened the door and plugged him twice?  Then noticed it wasn’t her apartment and called 911 but never rendered aid?

[DigDug 1735]

Jury should also know that since he was watching football when he was killed, and it was a Thursday and NBC was doing the game, that means the last words he ever heard may have very well come from the mouth of Cris Collinsworth.

That's some unnecessary cruel shit.

 

[conVINCEd 21477]

Gimme the over.  Judge gave the jury the chance to go easy on her and they chose not to.

[immortal13 4059]

Just now, Pato del Muerto said:

So is the thinking here that she went to the door, heard noises, thought ‘I can legally shoot this intruder,’ drew her gun, opened the door and plugged him twice?  Then noticed it wasn’t her apartment and called 911 but never rendered aid?

Pretty much

[TwiceHorn 32002]

Just now, Pato del Muerto said:

So is the thinking here that she went to the door, heard noises, thought ‘I can legally shoot this intruder,’ drew her gun, opened the door and plugged him twice?  Then noticed it wasn’t her apartment and called 911 but never rendered aid?

Whatever her thinking was, that's pretty much what the evidence established, and the jury apparently agreed with most of us that it wasn't reasonable to enter and shoot after hearing noises.

[bolverk 30249]

1 hour ago, po elvis said:

there was no way she was going to not be found guilty with the makeup of the jury.

Why? What are you alluding to?

[TwiceHorn 32002]

1 minute ago, conVINCEd said:

Gimme the over.  Judge gave the jury the chance to go easy on her and they chose not to.

I'm not sure I'd interpret it that way.  The jury may have done what the jury instructions and charge asked.  Let the chips fall where they may. They may also have understood that while they had to convict of murder, they could mitigate it with the sentence.

[Dr Fear 1286]

Just now, woohorn said:

Think both 5 and 10 year guesses are correct.

I guess 10 year sentence that she (potentially) serves 5 of.

So, I haven't practiced in a while, but murder is a so-called "3g" offense (I dont think manslaughter would have been) which makes 1/2 of the sentence the absolute minimum before parole eligibility and still a tough time getting it after that.

[bolverk 30249]

3 minutes ago, Pato del Muerto said:

So is the thinking here that she went to the door, heard noises, thought ‘I can legally shoot this intruder,’ drew her gun, opened the door and plugged him twice?  Then noticed it wasn’t her apartment and called 911 but never rendered aid?

That sounds like what has been described as the logical sequence of events. 

[TXSooner518 2455]

5 minutes ago, woohorn said:

Think both 5 and 10 year guesses are correct.

I guess 10 year sentence that she (potentially) serves 5 of.

She's not eligible for probation or parole, so I don't think this is possible.

[hopkinsnhorns 533]

According to her, she did do "a little CPR" along with a sternum rub while on the phone with 911.  But she had no blood on her, which would make the claim that she did CPR on a person with a gunshot in their chest highly doubtful.

[bernorange 8385]

Well, it's a good thing Guyger was able to enjoy a nice vacation shortly after she murdered Jean.  Now she'll have a shitty "vacation" that affords her an opportunity to reflect and maybe become human again.

[TwiceHorn 32002]

2 minutes ago, TXSooner518 said:

She's not eligible for probation or parole, so I don't think this is possible.

It was pointed out that while a judge cannot grant probation over the jury's jail sentence, as long as the sentence is less than 10 years, the jury can recommend probation and the judge can grant it.

She would be eligible for parole after serving half the term.

[TwiceHorn 32002]

4 minutes ago, hopkinsnhorns said:

According to her, she did do "a little CPR" along with a sternum rub while on the phone with 911.  But she had no blood on her, which would make the claim that she did CPR on a person with a gunshot in their chest highly doubtful.

Her last words on the stand were "sternum rub  . . . ."

[TXSooner518 2455]

3 minutes ago, TwiceHorn said:

It was pointed out that while a judge cannot grant probation over the jury's jail sentence, as long as the sentence is less than 10 years, the jury can recommend probation and the judge can grant it.

She would be eligible for parole after serving half the term.

Not according to what I'm reading. Art. 42A.056 of CCP says no eligibility for jury-ordered probation if convicted of PC 19.02 (murder). 

GC 508.149 says no parole if convicted of PC 19.02.

EDIT: Wait that was "mandatory supervision" on GC 508.149, not parole. Yep, 1/2 for parole. So we were each right once, wrong once. 😁

Edited October 1, 2019 by TXSooner518

[El Diablo 4232]

And all of the sweaty ladies on cell block D rejoiced, hallelujah fresh meat!

[woohorn 1131]

So is the thinking here that she went to the door, heard noises, thought ‘I can legally shoot this intruder,’ drew her gun, opened the door and plugged him twice?  Then noticed it wasn’t her apartment and called 911 but never rendered aid?

Well, there is no justice, "just us" and she WAS already dressed for his funeral.

Seriously tho, she STILL had D on her mind after jillin' in the garage and that caused her to forget all her trainin'. FINALLY - D is undefeated!!

[CHEF DIESEL 126]

5 minutes ago, bernorange said:

Well, it's a good thing Guyger was able to enjoy a nice vacation shortly after she murdered Jean.  Now she'll have a shitty "vacation" that affords her an opportunity to reflect and maybe become human again.

She looked as if she'd been working out and working on her tan.

[totallynotabuttpirate 5479]

Been a good start to the week so far. 

[TwiceHorn 32002]

Well fuck, I've read two different things.  And I was looking at the CCP, too, but got distracted.

[woohorn 1131]

She's not eligible for probation or parole, so I don't think this is possible.

Nope

[Dr Fear 1286]

1 minute ago, TXSooner518 said:

Not according to what I'm reading. Art. 42A.056 of CCP says no eligibility for jury-ordered probation if convicted of PC 19.02 (murder). 

GC 508.149 says no parole if convicted of PC 19.02.

Yep.  Law changed in 2007, I believe?

[Gooby 642]

From what I can gather from the live feed, it sounds like they are going to try and get her social media history admitted in to evidence for the punishment phase.  They're also discussing drug usage and other stuff...

ETA: Including her IAD file from Dallas police.  This could get fun.

 

Edited October 1, 2019 by Gooby

[msudawg 371]

Sooooo entering the 1 page with the social media names. but not the actual collection of the social media posts???

[Dahobbs 18200]

41 minutes ago, TwiceHorn said:

I don't see that timing issue as material.  Seems like an expert ought to be able to explain how her perceptions and decision making processes were affected by stress, and even her recollection of events.

Not that that should be particularly credible with the jury, but I'm not sure it's properly excluded.

 

Well, I don't think opinion testimony on the state of mind (i.e., intent) of another is ever proper, and I'm sure there is ample case law on that. That said, the type of testimony you're describing, e.g., the physiological and psychological effect of stress, could be proper with the appropriate expert. But that expert is doctor, not a Texas Ranger. That said, I'm speaking from the civil side of things. I don't know criminal law all that well.

 

[msudawg 371]

6 minutes ago, Gooby said:

From what I can gather from the live feed, it sounds like they are going to try and get her social media history admitted in to evidence for the punishment phase.  They're also discussing drug usage and other stuff...

Correct. Amber failed a polygraph because she didn't admit to stealing a pencil and brownie from a restaurant she worked at. State wants to admit she failed the polygraph but not why she did. 
Pot smoking was listed either on fort worth pd application i believe, which she was denied a job. 

Edited October 1, 2019 by msudawg

[woohorn 1131]

Wonder if Martin Rivera's wife will testify...

[TwiceHorn 32002]

8 minutes ago, Dahobbs said:

 

Well, I don't think opinion testimony on the state of mind (i.e., intent) of another is ever proper, and I'm sure there is ample case law on that. That said, the type of testimony you're describing, e.g., the physiological and psychological effect of stress, could be proper with the appropriate expert. But that expert is doctor, not a Texas Ranger. That said, I'm speaking from the civil side of things. I don't know criminal law all that well.

 

I agree with those points and was also kind of including the other alleged experts, only one of whom was any kind of psych.  A former DPD chief and a 35 year old Ranger?  Really?

But apparently they were not excluded on the basis of qualifications.

I didn't watch the Daubert hearings but I did see some of Armstrong's during the state's case.  He seemed plausible until the ultimate conclusion.

Weird trial team.  Comparative nobody in Rogers, fading superstar (prosecutor anyway) in Shook, rising appellate star in Mowla.  And the whole is less than the sum of its parts, even trying to correct for hindsight bias.

 

Edited October 1, 2019 by TwiceHorn

[Brisketexan 106677]

42 minutes ago, TwiceHorn said:

I aint forgetting that, or excusing it  You assured me this was a show trial.🤬🤬

And I don't think my assessment was wrong, until....

29 minutes ago, TwiceHorn said:

Whatever her thinking was, that's pretty much what the evidence established, and the jury apparently agreed with most of us that it wasn't reasonable to enter and shoot after hearing noises.

....the decision to enter AFTER she knew something was off.  That was the bombshell piece of evidence.  None of us knew about it, it was nowhere in the official narrative that was out there pre-trial.

And the point about numerous DPD officers acting improperly in trying to frame the case and the issues during the investigative stage stands as a pretty damned important one.  I suspect the evidence and testimony would have been MORE damning had her fellow officers not assisted with an attempted cover-up, given her a chance to get her story straight, etc.

But I was wrong about my predicted outcome, you bet.  I did NOT see the admission that she knew something was up before she went inside coming.

[Cousin Strawberry 1273]

This punishment evidence is going to be pretty bland.  Just heard the state seeking to  admit that when she applied to DPD, Guyger self disclosed that she once stole a pencil and a brownie when she worked at TGI Friday’s.

[BigDHornfan 6625]

14 minutes ago, woohorn said:

Wonder if Martin Rivera Sex Cop's wife will testify...

fify

[msudawg 371]

Objections overruled. Gonna be able to talk about her denied Fort worth PD application and 3 times she smoked pot in her life. 

Jury's coming in

[tokamak 6686]

18 minutes ago, woohorn said:

Wonder if Martin Rivera's wife will testify...

"I heard Amber use the n-word multiple times while she was sleeping with my husband, your honor"

[msudawg 371]

Amber's in. still in regular clothes. 

[msudawg 371]

Annnddd now they bring up the social media (pinterest) posts.... wtf. guessing jury isnt in yet. 

 

And the judge allows them . 

Edited October 1, 2019 by msudawg

[hookem17 485]

1 minute ago, msudawg said:

Annnddd now they bring up the social media posts.... wtf. guessing jury isnt in yet. 

Not yet. Looks like she’s letting in the social media posts. 

[SDG 3335]

2 minutes ago, hookem17 said:

Not yet. Looks like she’s letting in the social media posts. 

The lesson here is don’t post anything on social media.  

[Huckleberry 34409]

10 minutes ago, msudawg said:

Objections overruled. Gonna be able to talk about her denied Fort worth PD application and 3 times she smoked pot in her life. 

Jury's coming in

This would backfire for the prosecution if I were on the jury. Stealing a pen and smoking pot have exactly zero to do with murdering Botham Jean.

[SameSame 1745]

1 minute ago, SDG said:

The lesson here is don’t post anything on social media.  

A little ironic 

[Deej 77677]

2 minutes ago, SDG said:

The lesson here is don’t post anything on social media.  

Or don't go killing people. 

[msudawg 371]

Evidently there are some additional text messages that weren't in the trial she is reading and debating over now. 

Lot's of head shaking..

Edited October 1, 2019 by msudawg

[GotThatFire 166]

Did she dye her hair blonde?

[Lou 264]

Just now, msudawg said:

Evidently there some more text messages that weren't in the trail she is debating over and reading now. 

And shaking her head.

[Native Horn 3571]

She's into die jobs

[77horn 216]

3 minutes ago, Huckleberry said:

This would backfire for the prosecution if I were on the jury. Stealing a pen and smoking pot have exactly zero to do with murdering Botham Jean.

May be wrong, but I thought Prosecution wanted to bring in that Guyger failed a polygraph (ie. lied), but didn't want to tell them why (supposedly because she had stolen a brownie and a pen).  but there was a lot of (to a layman) seemed like incoherent discussion about it.

[TwiceHorn 32002]

29 minutes ago, Brisketexan said:

And I don't think my assessment was wrong, until....

....the decision to enter AFTER she knew something was off.  That was the bombshell piece of evidence.  None of us knew about it, it was nowhere in the official narrative that was out there pre-trial.

And the point about numerous DPD officers acting improperly in trying to frame the case and the issues during the investigative stage stands as a pretty damned important one.  I suspect the evidence and testimony would have been MORE damning had her fellow officers not assisted with an attempted cover-up, given her a chance to get her story straight, etc.

But I was wrong about my predicted outcome, you bet.  I did NOT see the admission that she knew something was up before she went inside coming.

I'm mostly giving you the business.

But, your prior pronouncements were made without regard to the evidence, based on your conclusion that the good citizens of Dallas County would never convict a white cop of killing a black man.  Especially one smoking pot.

We didn't know a whole lot of things about the evidence in this case, not just that little tidbit.  You. Didn't.  Care.

Edited October 1, 2019 by TwiceHorn

['stache 22118]

2 minutes ago, TwiceHorn said:

I'm mostly giving you the business.

But, your prior pronouncements were made without regard to the evidence, based on your conclusion that the good citizens of Dallas County would never convict a white cop of killing a black man.  Especially one smoking pot.

I'm still shocked by the conviction based on this theory. My faith in humanity is temporarily restored.

[Brisketexan 106677]

2 minutes ago, TwiceHorn said:

I'm mostly giving you the business.

But, your prior pronouncements were made without regard to the evidence, based on your conclusion that the good citizens of Dallas County would never convict a white cop of killing a black man.  Especially one smoking pot.

We didn't know a whole lot of things about the evidence in this case, not just that little tidbit.  You. Didn't.  Care.

And that's fair.

You gotta admit.....that the fine folks of Dallas did NOT side with a cop over a pot smoking black man surprises you, at least a little bit, correct?

[msudawg 371]

2 minutes ago, 77horn said:

May be wrong, but I thought Prosecution wanted to bring in that Guyger failed a polygraph (ie. lied), but didn't want to tell them why (supposedly because she had stolen a brownie and a pen).  but there was a lot of (to a layman) seemed like incoherent discussion about it.

Exactly... that's what I thought sounded worse. Anyone is going to want to know what she was lying about.

and she just admitted all the text messages. some with her lover sounds like.