August 19, 20196 yr 3 minutes ago, TwiceHorn said: Well, homicide in Texas is a pretty all-or-nothing proposition. There aren't (m)any lesser included offenses. So, it's kind of murder or bust. The "not convicted of anything" doesn't add much. Correct. I mean, littering for leaving the shell casings in the hallway, maybe.
August 19, 20196 yr Hopefully they have the access info on how she got into the apartment. Gonna be hard to prove she didn't know she was in the wrong apartment when she tried her keycard several times and it didn't work...
August 19, 20196 yr ^ Yeah, but there's an audio of her, after each denied keycard swipe, saying..."Enhance. Enhance. Enhance."
August 20, 20196 yr ^ Yeah, but there's an audio of her, after each denied keycard swipe, saying..."Enhance. Enhance. Enhance." The technology exists, we just don't know if the developer who built the apartments paid for it.
August 20, 20196 yr She walks on a murder charge, had a decent chance of a conviction if she would've been charged with manslaughter, imo.
August 20, 20196 yr 13 minutes ago, Matuka said: She walks on a murder charge, had a decent chance of a conviction if she would've been charged with manslaughter, imo. Totally agree.
August 20, 20196 yr We've been through this before: Sec. 19.02. MURDER. (b) A person commits an offense if he: (1) intentionally or knowingly causes the death of an individual; Sec. 19.04. MANSLAUGHTER. (a) A person commits an offense if he recklessly causes the death of an individual. Sec. 19.05. CRIMINALLY NEGLIGENT HOMICIDE. (a) A person commits an offense if he causes the death of an individual by criminal negligence. Note that the state of mind applies to "causing the death," not other circumstances about which the defendant may have been mistaken, reckless, or negligent. If they sought and obtained a conviction on one of those charges, it might well be reversed.
August 20, 20196 yr 4 hours ago, Chewbacca said: Hopefully they have the access info on how she got into the apartment. Gonna be hard to prove she didn't know she was in the wrong apartment when she tried her keycard several times and it didn't work... Given most people's experience with hotel card keys, I don't think they would find that particularly persuasive evidence that she knew she was at the wrong unit. Moreover, because the door had to be unlocked or ajar for her to get in in the first place, it may not even show more than one attempt. She stuck it in (or didn't), saw it was ajar and pushed in, or stuck it in and turned the knob and was in, key or no key. And that's if the lock even records. Who the fuck puts cardkeys in an apartment, anyway? I can understand why hotels do it, but not a long-term residence. That'd be a dealbreaker for me right there.
August 20, 20196 yr 5 hours ago, Brisketexan said: I bet she walks, no conviction for anything, and keeps her Peace Officer license. She'll be carrying a badge and gun somewhere within 90 days of her acquittal. But I bet a dollar straight up, no odds. It's my tradition. 20 years ago she wouldn’t even get arrested for this. Nowadays, she might walk but it’ll be a very long time before she becomes a cop again, if ever. I know it’s cool to be doom & gloom about literally everything, but you have to try & be objective and look at the times and recent cases. Cops still get away with a ton of shit, but not like they used to.
August 20, 20196 yr 3 minutes ago, Helobious said: 20 years ago she wouldn’t even get arrested for this. Nowadays, she might walk but it’ll be a very long time before she becomes a cop again, if ever. I know it’s cool to be doom & gloom about literally everything, but you have to try & be objective and look at the times and recent cases. Cops still get away with a ton of shit, but not like they used to. Fair point. I harbor some hope that a jury will do the right thing. But, when a person has a dream defense team and some wiggle room, as the police union and this particular case seem to provide, odds are decent she walks without shenanigans. I don't believe there will be shenanigans in the form of a sandbagging prosecutor, but they might get their teeth kicked in by the defense. On the other hand, threading the "mistake of fact" needle as a matter of fact and law is no trivial endeavor.
August 20, 20196 yr Fair point. I harbor some hope that a jury will do the right thing. But, when a person has a dream defense team and some wiggle room, as the police union and this particular case seem to provide, odds are decent she walks without shenanigans. I don't believe there will be shenanigans in the form of a sandbagging prosecutor, but they might get their teeth kicked in by the defense. On the other hand, threading the "mistake of fact" needle as a matter of fact and law is no trivial endeavor.It’s pretty easy when the guy she shot was....well...you know. What civilized person WOULDN’T fear for her life when confronted by...that.She walks because she shot a giant dope-crazed thug. That’s what he’ll be by the time the trial is over.
August 20, 20196 yr C’mon man. You’re riding that horse way too hard. For like a year now. What makes the fact that he had a little doobage relevant? i don’t think it will be admitted at trial
August 20, 20196 yr 34 minutes ago, TwiceHorn said: Given most people's experience with hotel card keys, I don't think they would find that particularly persuasive evidence that she knew she was at the wrong unit. Moreover, because the door had to be unlocked or ajar for her to get in in the first place, it may not even show more than one attempt. She stuck it in (or didn't), saw it was ajar and pushed in, or stuck it in and turned the knob and was in, key or no key. And that's if the lock even records. Who the fuck puts cardkeys in an apartment, anyway? I can understand why hotels do it, but not a long-term residence. That'd be a dealbreaker for me right there. DPD has done a great job of hiding the fact that from the parking garage, your key card can only access the main floor, the amenities, and the floor you live on.
August 20, 20196 yr C’mon man. You’re riding that horse way too hard. For like a year now. What makes the fact that he had a little doobage relevant? i don’t think it will be admitted at trial You know they’ll find a way to get it in. They’ll get it in without getting it formally in.Two things in criminal cases are certain: 1) team cop will break every rule they can get away with (and the judge will give them a lot of slack), and 2) the black guy will be painted as a dangerous thug. You know that.
August 20, 20196 yr I don’t “know” either of your premises.Sure you do.Assume the worst of humanity. You’ll be right pretty close to always.
August 20, 20196 yr 1 hour ago, 4th and 5 said: C’mon man. You’re riding that horse way too hard. For like a year now. What makes the fact that he had a little doobage relevant? i don’t think it will be admitted at trial No way
August 20, 20196 yr She walks. Dallas burns and uptight women in the suburbs cluck their tounges and say "That is why we live in Little Elm instead of with those people!"
August 20, 20196 yr 11 hours ago, Lobo said: DPD has done a great job of hiding the fact that from the parking garage, your key card can only access the main floor, the amenities, and the floor you live on. Holy shit, is this for real? Did she piggy-back in behind another resident on the wrong floor?
August 20, 20196 yr No she didn’t piggyback. It seems like she went from the garage to the main floor Or to her floor. From there, she went to the floor of this guy. Some high rises and hotels are like this. From the parking garage or lobby; you can only go to the amenities floors or your floor. But if you originate on your floor, you can take the elevator down a couple floors to visit friends or whatever.
August 20, 20196 yr Author 22 hours ago, TwiceHorn said: Not a super-substantive article, but confirms some of the lawdog speculation on here. https://www.dallasobserver.com/news/dallas-police-officer-amber-guygers-defense-tactics-11735279 Jury selection is set for September 6. Bit surprised no continuances. Also an explanation of why Dallas (and other cops) avoid Dallas County facilities when turning themselves in. https://www.dallasobserver.com/news/why-dallas-police-accused-of-crimes-avoid-the-dallas-county-jail-11700265 "our criminal laws don't want to criminalize accidents. That's for the civil courts." I haven't studied criminal law in much detail since law school, but this would be a new one for me. Maybe a pure accident, like if I tripped on the sidewalk and accidentally landed on someone causing them to fall on the curb and crack their skull. But we criminlize accidents all the time where someone acts negligently. Going into the wrong apartment is pretty fucking negligent.
August 20, 20196 yr 23 hours ago, TwiceHorn said: Not a super-substantive article, but confirms some of the lawdog speculation on here. https://www.dallasobserver.com/news/dallas-police-officer-amber-guygers-defense-tactics-11735279 Quote In addition to Czeisler, Guyger's defense also lists Marc Green as a potential witness. Green, from Toronto, has made frequent appearances in U.S. courts, according to his CV, in issues of human perception, like eyewitness identification, visibility and reaction times. Michael Haag, a shooting scene reconstruction specialist from New Mexico, is also on the defense list. From day one I've been posting here that these are the issues the defense will bring up and how the case will be won (or lost). Dr. Marc Green is a preeminent authority on vision, perception and reaction time. I have Dr. Green's book sitting on my conference room table. I've read it from cover to cover. If I could hire one expert on this case, it would be Dr. Green. Here is his website: http://www.visualexpert.com/ Check out some of his articles, they are absolutely fascinating: http://www.visualexpert.com/why.html I think if many of you read this information, your opinion would be different. Or at least based on science. I teach criminal law and use this case to teach murder and culpable mental states at the beginning of the semester. And then self defense at the end of the semester. Last semester we re-enacted this shooting in my classroom with a petite blonde female student entering a darkened classroom and shooting (cap gun) a large black male student who jumped out of a chair with an unsuspecting class and then I played Guyger's 911 call in the re-enactment. It was pretty dramatic. Then we discussed how this could happen: vision, perception, attention, expectation, lighting, reaction time, fatigue, etc. It's really fascinating stuff if you take the time to learn it. Edited August 20, 20196 yr by 4th and 5
August 20, 20196 yr Author I'll also add that "mistake of fact" requires that your mistake be objectively reasonable. I don't think "being tired" is a reasonable reason to enter the wrong apartment. If the red floor mat thing is true, then it is not reasonable even if you're tired to not notice something that different when approaching what you think is your door. But I tend to agree with Brisket that she'll walk. A jury of her "peers" will certainly be a bunch of upstanding citizens that "back the blue" and can see why that particular person (cough, cough) was objectively "scary" to them.
August 20, 20196 yr The cop who shot the unarmed man who was begging for his life was hired back for one day so he could retire with benefits. The Tulsa female coo who gunned down the unarmed black man was quickly rehired by another Oklahoma police delay.If this bitch is acquitted she will absolutely be rehired. I got to peak on Police One a few months back and the cops absolutely one hundred percent had her back
August 20, 20196 yr Author 14 hours ago, 4th and 5 said: C’mon man. You’re riding that horse way too hard. For like a year now. What makes the fact that he had a little doobage relevant? i don’t think it will be admitted at trial Oh, bless your heart. You know damn well that marijuana is illegal under both federal and Texas state law, so of course a good ol' Texas judge won't have any ability to be lenient on admissibility. Plus, she's a cop, and she obviously used her keen senses and training to detect that it was there and that he was in a drug induced rage. What will be excluded is any evidence of the victim's life, his good works, his familial and community relationships. All this poor exhausted cop knew what that a very large person who was high on drugs came at her, so all was justified. Here's a picture of him, look closely (cough, cough), you'd be scared too! Edited August 20, 20196 yr by 'stache
August 20, 20196 yr 3 hours ago, Lobo said: No she didn’t piggyback. It seems like she went from the garage to the main floor Or to her floor. From there, she went to the floor of this guy. Some high rises and hotels are like this. From the parking garage or lobby; you can only go to the amenities floors or your floor. But if you originate on your floor, you can take the elevator down a couple floors to visit friends or whatever. Do you know for a fact that this particular complex is like this? Crazy if true.
August 20, 20196 yr 3 hours ago, Lobo said: No she didn’t piggyback. It seems like she went from the garage to the main floor Or to her floor. From there, she went to the floor of this guy. Some high rises and hotels are like this. From the parking garage or lobby; you can only go to the amenities floors or your floor. But if you originate on your floor, you can take the elevator down a couple floors to visit friends or whatever. DP Edited August 20, 20196 yr by Angry Gorilla
August 20, 20196 yr Now that we know "mistake of fact" is part of or the defense and that implicates the reasonableness of her actions, here is the juicy trial strategery question of this case: Does Amber Guyger testify? Can the mistake of fact burden be met without her testimony? And, even if it can somehow, do you dare let a jury rule on her reasonableness without hearing from her?
August 20, 20196 yr No, not for sure. I quit my installation job with HID a few years back. No, it was just something passed along by an attorney up there close to the situation. She's obviously not involved with the criminal trial on either side, hence she can float a few rumors. But yeah, some systems are like this. Doesn't matter, 5000 rumors and stacks of bullshit are gonna be flung from the Blue side against this dead young man whose biggest two crimes in life were he somehow once slighted this cop, and that he was black. But yeah, it'll take 20 minutes to pull up the technological settings of this system at the night of the shooting. I realize this is a not a high rise but for those of us that have ever lived in a high-rise...you know even going back decades...there was a way to get from the garage to your floor, or the floor with the pool, or just the lobby floor. But you couldn't hit anybody else's floor. But once you were up on your floor at 37, you could ride down to 36 and see your friends. Same thing with a hotel, you can get off at the 19th floor where the Sheraton CLub is for 5pm pork sliders and crappy chardonnay...then from there, up to your place, and then back down to the a black man's place...you know the one? He once mumbled something under his breath about fuck the police after the Dallas shooting on cops a year before while you were both on the same elevator ride and you kinda half followed him to his car to see who he was? And you kept a mental note of his plate number and found out, without alerting the management company, using your own PD staff, that he lived directly above you. Remember that Officer Guyger? Your pent-up hatred for him grew and grew, and then you found out he lived in your exact unit, depending on elevator exit perspective. And one night after a particularly long and taxing day at work, you realized, this was the perfect window of opportunity. You were pissed off at the whole system, pinning it on his disrespect for your calling to keep his community safe. Maybe you had popped a pill or two, maybe a few drinks. And you came home, realizing there was a perfect storm. Sure you had worked a lot of long shifts as of late........but You could switch off the lift by one floor, catch him off-guard...after all you had kinda listened and looked for many nights since the elevator/parking garage encounter and sorta gleaned a routine of sorts on his part. You knew he'd be chilling at home by his heavy tread and loud, but not egregious entertainment center volume. You had the cover of late-night, few neighbors would even see/hear you come back to the complex. You knew he was up later than most. You knew he'd probably be smoking...you had sorta smelled it outside on the balcony a few times wafting in that densely hot Dallas air. You had just enough shit at work that day, and were sick of his flippant attitude about cop behavior even though he was not exactly the Black Thug stereotype you had come to detest since you know...he was your neighbor in your building and all. And so the fuse was lit. Admittedly, you had thought about it for awhile, but the actual series of events that night over just a few critical minutes were kind of a blur since you were sorta outside yourself...almost a tacit spectator of sorts. But you knew you could open fire...twice. And he'd be gone. His crime...not being on your side...whatever your twisted version of that was. And you had just enough cover. You weren't lucid enough to plan the whole thing out. You were just supposed to get off scot-free. There was some help, he had the weed out as you thought he would, his reputation was quickly sullied by your blue team, there were no immediate red flags of substance abuse on your part, etc. It's certainly gained traction on his behalf, you are likely not employable for a long while. But you will get off, and the offline conversations you've had with some DPD staff about how this was a guy who had mouthed off about other officers being killed as retribution for cop-on-black violence, those chips will come back to you. You'll get an opportunity down the road, off the grid, behind a desk, because you think they'll remember you "taking one for the team." Well done Officer Guyger, Texas thinks you're just a racist, exhausted cop who made a gut choice. Some folks saw you long before that. You were a murderer before you got out of bed that morning.
August 20, 20196 yr I suppose the civil case has been stayed pending the outcome of the criminal trial?
August 20, 20196 yr 2 hours ago, 'stache said: Oh, bless your heart. You know damn well that marijuana is illegal under both federal and Texas state law, so of course a good ol' Texas judge won't have any ability to be lenient on admissibility. Plus, she's a cop, and she obviously used her keen senses and training to detect that it was there and that he was in a drug induced rage. What will be excluded is any evidence of the victim's life, his good works, his familial and community relationships. All this poor exhausted cop knew what that a very large person who was high on drugs came at her, so all was justified. Here's a picture of him, look closely (cough, cough), you'd be scared too! Reefer madness, bro
August 20, 20196 yr 1 hour ago, Lobo said: No, not for sure. I quit my installation job with HID a few years back. No, it was just something passed along by an attorney up there close to the situation. She's obviously not involved with the criminal trial on either side, hence she can float a few rumors. But yeah, some systems are like this. Doesn't matter, 5000 rumors and stacks of bullshit are gonna be flung from the Blue side against this dead young man whose biggest two crimes in life were he somehow once slighted this cop, and that he was black. But yeah, it'll take 20 minutes to pull up the technological settings of this system at the night of the shooting. I realize this is a not a high rise but for those of us that have ever lived in a high-rise...you know even going back decades...there was a way to get from the garage to your floor, or the floor with the pool, or just the lobby floor. But you couldn't hit anybody else's floor. But once you were up on your floor at 37, you could ride down to 36 and see your friends. Same thing with a hotel, you can get off at the 19th floor where the Sheraton CLub is for 5pm pork sliders and crappy chardonnay...then from there, up to your place, and then back down to the a black man's place...you know the one? He once mumbled something under his breath about fuck the police after the Dallas shooting on cops a year before while you were both on the same elevator ride and you kinda half followed him to his car to see who he was? And you kept a mental note of his plate number and found out, without alerting the management company, using your own PD staff, that he lived directly above you. Remember that Officer Guyger? Your pent-up hatred for him grew and grew, and then you found out he lived in your exact unit, depending on elevator exit perspective. And one night after a particularly long and taxing day at work, you realized, this was the perfect window of opportunity. You were pissed off at the whole system, pinning it on his disrespect for your calling to keep his community safe. Maybe you had popped a pill or two, maybe a few drinks. And you came home, realizing there was a perfect storm. Sure you had worked a lot of long shifts as of late........but You could switch off the lift by one floor, catch him off-guard...after all you had kinda listened and looked for many nights since the elevator/parking garage encounter and sorta gleaned a routine of sorts on his part. You knew he'd be chilling at home by his heavy tread and loud, but not egregious entertainment center volume. You had the cover of late-night, few neighbors would even see/hear you come back to the complex. You knew he was up later than most. You knew he'd probably be smoking...you had sorta smelled it outside on the balcony a few times wafting in that densely hot Dallas air. You had just enough shit at work that day, and were sick of his flippant attitude about cop behavior even though he was not exactly the Black Thug stereotype you had come to detest since you know...he was your neighbor in your building and all. And so the fuse was lit. Admittedly, you had thought about it for awhile, but the actual series of events that night over just a few critical minutes were kind of a blur since you were sorta outside yourself...almost a tacit spectator of sorts. But you knew you could open fire...twice. And he'd be gone. His crime...not being on your side...whatever your twisted version of that was. And you had just enough cover. You weren't lucid enough to plan the whole thing out. You were just supposed to get off scot-free. There was some help, he had the weed out as you thought he would, his reputation was quickly sullied by your blue team, there were no immediate red flags of substance abuse on your part, etc. It's certainly gained traction on his behalf, you are likely not employable for a long while. But you will get off, and the offline conversations you've had with some DPD staff about how this was a guy who had mouthed off about other officers being killed as retribution for cop-on-black violence, those chips will come back to you. You'll get an opportunity down the road, off the grid, behind a desk, because you think they'll remember you "taking one for the team." Well done Officer Guyger, Texas thinks you're just a racist, exhausted cop who made a gut choice. Some folks saw you long before that. You were a murderer before you got out of bed that morning. The fuck?
August 20, 20196 yr So how would her toxicology affect this defense if she was either drunk or on something else?
August 20, 20196 yr 2 minutes ago, Chewbacca said: So how would her toxicology affect this defense if she was either drunk or on something else? If she was drunk, it was only because she was forced to self-medicate to chase away the horrible demons that afflict true heroes, who walk our streets among the monsters, sacrificing their own well-being -- and even their lives -- for our protection. She wasn't "drunk." She was trying to survive the hell she goes through, FOR US. FOR OUR CHILDREN.
August 20, 20196 yr 1 minute ago, Brisketexan said: If she was drunk, it was only because she was forced to self-medicate to chase away the horrible demons that afflict true heroes, who walk our streets among the monsters, sacrificing their own well-being -- and even their lives -- for our protection. She wasn't "drunk." She was trying to survive the hell she goes through, FOR US. FOR OUR CHILDREN. While I agree with the sentiment, i'm asking how it might affect her defense. I think this case rests on 2 things: 1. How did she get in to the apartment and 2. Was she sober?
August 20, 20196 yr 3 minutes ago, Chewbacca said: While I agree with the sentiment, i'm asking how it might affect her defense. I think this case rests on 2 things: 1. How did she get in to the apartment and 2. Was she sober? What matters is that they all go through the portal of "she was a cop." If she was you or me, the answer is totally different.
August 20, 20196 yr 18 minutes ago, Chewbacca said: While I agree with the sentiment, i'm asking how it might affect her defense. I think this case rests on 2 things: 1. How did she get in to the apartment and 2. Was she sober? As a general proposition, you can't offer voluntary intoxication as a mitigation of the mental state of a crime. In this case, it might be offered by the prosecution to show that her actions were unreasonable. None of these things that we've discussed is going to be decisive, I don't believe. They are just data points for the jury to assess.
August 20, 20196 yr 10 minutes ago, TwiceHorn said: As a general proposition, you can't offer voluntary intoxication as a mitigation of the mental state of a crime. In this case, it might be offered by the prosecution to show that her actions were unreasonable. None of these things that we've discussed is going to be decisive, I don't believe. They are just data points for the jury to assess. How she got in the apartment is a biggie. Was she banging on the door, as was reported early in this process, or was the door propped open? Little chance she walks if it's the former, high likelihood she walks if it's the latter, IMO.
August 20, 20196 yr 5 minutes ago, Chewbacca said: How she got in the apartment is a biggie. Was she banging on the door, as was reported early in this process, or was the door propped open? Little chance she walks if it's the former, high likelihood she walks if it's the latter, IMO. That would be different, yes. But the origin of that report was twitter or something, so I don't think it's particularly credible. We would have heard more about it from the press if it were. Certain of this evidence (lock records) will be developed by the DA and defense outside the purview of the press, and I believe there's a gag order. Other stuff, like witnesses with explosive stories, would be fair game for the press unless one party or the other has prevailed upon them to STFU. Edited August 20, 20196 yr by TwiceHorn
August 21, 20196 yr Author 15 hours ago, Chewbacca said: How she got in the apartment is a biggie. Was she banging on the door, as was reported early in this process, or was the door propped open? Little chance she walks if it's the former, high likelihood she walks if it's the latter, IMO. Best case scenario is he had the door cracked for a booty call or something and she thinks its her place being robbed. I still think its criminal negligence (at best) to not know what fucking door is yours and which doors aren't if you're going to start blasting people with your service pistol. How about a quick check of the apartment number before you take a man's life? Edited August 21, 20196 yr by 'stache
September 6, 20196 yr Jury selection began today, a year to the day from the shooting. Guyger's defense team has requested a change of venue for the trial, citing "prejudicial" and "inflammatory" media coverage. But the judge ruled that a decision would not be made on that request until it was determined whether a jury could be selected in Dallas County
September 6, 20196 yr https://www.wfaa.com/article/news/special-reports/botham-jean/amber-guyger-murder-trial-jury-selection-begins-botham-jean-shooting/287-6f766c3e-ff7c-485d-a92f-2e34e379072d Apparently 600 jurors called today to jury duty to fill out a questionnaire. Trial won't begin untll September 23.
September 16, 20196 yr Jury selection began today, a year to the day from the shooting. Guyger's defense team has requested a change of venue for the trial, citing "prejudicial" and "inflammatory" media coverage. But the judge ruled that a decision would not be made on that request until it was determined whether a jury could be selected in Dallas County Jury selected on Friday. 12 plus 4 alternates. Of the 12, 8 had already heard of the case.Judge expected to rule today on the change of venue. If the case is heard in Dallas, the judge told the jury to expect to be sequestered for the entire trial.
September 16, 20196 yr Case is staying in Dallas, starting on the 23rd If this was nearby, I would be there for trial every day. It is such a fascinating case.
September 17, 20196 yr I sometimes think about the typical blue party line. And I think about this all-star's defense, and all I can think about is Kramer explaining to Jerry about how all the big corporations write off everything. "All these cops Jerry, they gotta do what they gotta do to make it home each night." "But it wasn't even her home. That's the point, Kramer! You can't shoot your way home if that's not your home!" "But she does, Jerry. And they're the ones...making it home."
September 17, 20196 yr It's unfair that this hero has to have her trial in Dallas County where she is more likely to have minorities on her jury than in Collin County!
September 17, 20196 yr How badly is Dallas going to burn when she is acquitted? Why did the DA not go for manslaughter?
September 17, 20196 yr Whoa, whoa, whoa, did you forget the dead guy is black and the cop is a white lady? Dallas isn't burning one way or the other. But seriously, there should be riots if this dumb bitch walks, but I have little faith that this even moves the needle for Dallas residents. Most will probably be more pissed about their taxes paying the eventual civil settlement than whether any justice or lack thereof is achieved in criminal court.
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