DALLAS — Former Dallas Police Department Officer Amber Guyger will appear in court on Tuesday to appeal her September 2019 conviction on charges of murder following the deadly shooting of Botham Jean at the South Side Flats on Sept. 6, 2018.
During the trial, Guyger’s attorney’s argued that she believed her life was in danger, and that was why she used deadly force. Guyger told police that after ending a nearly 14-hour work shift, she mistook her apartment for Jean’s. She lived one floor below the 26-year-old St. Lucian transplant who called Dallas his home away from home. Her lawyers believed that, since she did not knowingly shoot to kill, and that she feared for her life, the charge should not have been murder, but criminally negligent homicide.
Guyger was sentenced to 10 years in prison, but an overturn of her conviction could lessen the sentence. Right now, she’s serving her time in the Mountain View Unit of the Texas Department of Criminal Justice in Gatesville, roughly 130 miles south of Dallas.
In an email, criminal defense attorney Toby Shook told Spectrum News 1 that he would not be Guyger’s attorney for the appeal hearing. Shook was a part of Guyger’s defense team during her criminal trial. He said that appellate lawyer Michael Mowla, based in Cedar Hill, would represent Guyger in next week’s court hearing. Spectrum News 1 reached out to Mowla but did not immediately get a response.
Attorney Doug Gladden, who’s in the Dallas County District Attorney’s Office appellate section, will present oral arguments on behalf of the state. According to the Dallas County District Attorney’s Office community and media relations manager Tasha Tsiaperas, the virtual hearing will go before the Fifth District Court of Appeals.
“The hearing is just one step in the appellate process,” Tsiaperas told Spectrum News 1. “The court will hand down its decision at a later date.”
Since his death, Jean’s family has filed a wrongful death lawsuit against South Side Flats. Also, the family has a lawsuit against the City of Dallas and Guyger in federal court. On March 27, exactly a month before the appeal hearing, the City of Dallas hosted the street renaming ceremony of Botham Jean Boulevard, which spans four miles, including in front of Dallas police headquarters.
To view the hearing, click: https://tinyurl.com/5thCOA-YouTube.