US : An appeals court in Texas upheld former Dallas police Officer Amber Guyger’s.
Guyger argued she shouldn’t have been convicted of murder because she mistook neighbor Botham Jean’s apartment for her own when she walked in, saw him on the couch and fatally shot him, the Dallas Morning News reported.
She testified during the trial that she fired at Jean with the intent to kill because she thought he had broken into her third-floor apartment after she’d arrived home from work around 10 p.m. She had gone to the fourth floor instead.
She told the appeals court her murder conviction should be replaced with the lesser charge, which carries a maximum two-year sentence.
Prosecutors had asked for her to be sentenced to at least 28 years, the age Jean would have turned during the trial.
Her appeals lawyer argued she shot in self-defense. Both Guyger and another officer testified in the trial that she could have alternatively retreated and called for backup or checked to see if Jean was armed and taken cover.
Despite her conviction, Jean’s brother immediately offered her forgiveness in court.
“I wasn’t going to ever say this in front of my family or anyone, but I don’t even want you to go to jail. I want the best for you,” he said before sweeping her into a hug.
FN