This is not quite resolution to this sad story, but it is a somewhat surprising (to me at least) development. The facts of this case and rumors sounding it have been wild. It's so rare for police...
This is not quite resolution to this sad story, but it is a somewhat surprising (to me at least) development. The facts of this case and rumors sounding it have been wild. It's so rare for police to be held accountable for murder, particularly in southern states, that the case is notable as part of a cultural trend as well.
Not surprised they found her guilty. She most certainly is. Surprised they found her guilty of murder. Texas law requires murder to have intent. That she went to the apartment with the intent to...
Not surprised they found her guilty. She most certainly is. Surprised they found her guilty of murder. Texas law requires murder to have intent. That she went to the apartment with the intent to kill him. Nothing in the trial indicates she did that. I thought manslaughter would’ve had an easier time being proven.
I suppose it depends on where they drew the line of where intent was decided.
Did she go to the apartment to kill Botham Jean? No
Did she decide to kill when she realized someone was in what she believed to be her apartment? Yes.
Either way, it was a tragedy. An innocent man shot dead in his home for, presumably, no reason other than negligence and fear
This is incorrect. Here's the actual Texas law: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.19.htm There's no requirement for premeditation for first-degree murder. For comparison, I live in...
Texas law requires murder to have intent. That she went to the apartment with the intent to kill him.
There's no requirement for premeditation for first-degree murder.
(1) intentionally or knowingly causes the death of an individual
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual
For comparison, I live in WA, and our state law explicitly mentions "With a premeditated intent to cause the death of another person".
Second-degree murder in Texas requires the accused to prove they were "under the immediate influence of sudden passion arising from an adequate cause" which Guyger seems unlikely to accomplish. And notably, second-degree murder in TX isn't something you get charged with - you get convicted of murder, then at the sentencing phase of trial you present evidence that it was a crime of passion.
That she addressed the situation and decided to kill. They got her on this when she kept insisting that she was following her training but when the prosecutor asked why she didn't seek cover and...
That she addressed the situation and decided to kill. They got her on this when she kept insisting that she was following her training but when the prosecutor asked why she didn't seek cover and call for backup, as her training would have dictated be her first response, she had no convincing answer.
5 to life unless they can convince the jury of some special circumstances and get to lowered to 2 at the minimum and 20 max. Although being that this is Texas and the jury that convicted her is...
5 to life unless they can convince the jury of some special circumstances and get to lowered to 2 at the minimum and 20 max.
Although being that this is Texas and the jury that convicted her is also the one doing the sentencing, I'm doubting leniency. I've been following the case as I love legal proceedings and this has been streamed without fail, most of the sentencing testimony today was friends, family, coworkers, and police saying how awesome the victim was and how she should have known better than to shoot him.
This is not quite resolution to this sad story, but it is a somewhat surprising (to me at least) development. The facts of this case and rumors sounding it have been wild. It's so rare for police to be held accountable for murder, particularly in southern states, that the case is notable as part of a cultural trend as well.
Not surprised they found her guilty. She most certainly is. Surprised they found her guilty of murder. Texas law requires murder to have intent. That she went to the apartment with the intent to kill him. Nothing in the trial indicates she did that. I thought manslaughter would’ve had an easier time being proven.
I suppose it depends on where they drew the line of where intent was decided.
Did she go to the apartment to kill Botham Jean? No
Did she decide to kill when she realized someone was in what she believed to be her apartment? Yes.
Either way, it was a tragedy. An innocent man shot dead in his home for, presumably, no reason other than negligence and fear
This is incorrect. Here's the actual Texas law: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.19.htm
There's no requirement for premeditation for first-degree murder.
For comparison, I live in WA, and our state law explicitly mentions "With a premeditated intent to cause the death of another person".
Second-degree murder in Texas requires the accused to prove they were "under the immediate influence of sudden passion arising from an adequate cause" which Guyger seems unlikely to accomplish. And notably, second-degree murder in TX isn't something you get charged with - you get convicted of murder, then at the sentencing phase of trial you present evidence that it was a crime of passion.
Does it require that she travelled to the apartment with intent to kill? Or that she did an action when at the apartment with the intent to kill?
That she addressed the situation and decided to kill. They got her on this when she kept insisting that she was following her training but when the prosecutor asked why she didn't seek cover and call for backup, as her training would have dictated be her first response, she had no convincing answer.
Well that and they specifically asked her if she intended to kill and she said yes.
Well this is surprising. Not holding my breath for a punitive sentence though.
5 to life unless they can convince the jury of some special circumstances and get to lowered to 2 at the minimum and 20 max.
Although being that this is Texas and the jury that convicted her is also the one doing the sentencing, I'm doubting leniency. I've been following the case as I love legal proceedings and this has been streamed without fail, most of the sentencing testimony today was friends, family, coworkers, and police saying how awesome the victim was and how she should have known better than to shoot him.