In not so surprising news…
Attorneys for Guyger filed an appeal this week to overturn her murder conviction in the shooting of Botham Jean, her Black unarmed neighbor, inside his home, reports The Associated Press. In the appeal, Guyger’s attorneys ask the Dallas-based court to overturn her murder conviction and ordered new sentencing and trial, or “replace it with a conviction for criminally negligent homicide”, which would carry a maximum punishment of two years in jail.
“Her mistaken belief negated the culpability for murder because although she intentionally and knowingly caused Jean’s death, she had the right to act in deadly force in self-defense since her belief that deadly force was immediately necessary was reasonable under the circumstances,” the appeal reads.
Guyger’s attorneys also argued that she couldn’t have used non-deadly force like a taser because “officers are trained to not use these weapons when faced with a deadly situation.”
An unarmed black man walking towards you is automatically a “deadly situation”, huh? SMH.
Guyger was facing anywhere between 5 years to a life sentence for the September 2018 killing of the unarmed black man who was eating ice cream in his home. The then-cop argued that she mistook Jean for an intruder when she mistakenly entered his apartment, thinking it was her own and shot him several times.
CNN reports that Botham Jean’s family attorney is BALKING at the appeal noting that during Guyger’s trial she sang a much different tune.
“After admitting her crime and asking Botham Jean’s family for mercy– Guyger’s actions in filing this appeal reflect someone who is not repentant but instead was hoping to play on the families sympathies at the time that they were most vulnerable,” said the statement from S. Lee Merritt, attorney for the Jean Family.
Merritt went on to say the appeal alleges Guyger “should have been allowed to murder Botham in ‘self defense'” because she thought she was inside her own apartment. But, “the jury was instructed on self defense prior to deliberations and they properly rejected the defense and found Guyger guilty of murder one,” Merritt said.
If you can recall, Guyger took the stand and testified that she “wished that [the victim] Botham Jean had killed her instead” because she felt tremendous guilt from taking an innocent life.
After her conviction two viral moments happened; Botham Jean’s brother Brandt Jean “forgave her”, hugged her in the courtroom, and said his late sibling would like her to give her life to Christ.
Then, Judge Tammy Kemp infamously came down from her bench to give a warm embrace to Guyger before presenting her with a bible. The move caused the Freedom From Religion Foundation to file a formal complaint stating that Kemp “went too far” and called her actions “inappropriate and unconstitutional.”
“You can have mine. I have three or four more at home,” Kemp said to Guyger while giving her the bible. “This is your job for the next month. Right here, John 3:16.”
SMFH, no more hugs and hopefully no appeal.
What do YOU think about Amber Guyger filing for an appeal???