A Police Officer Convicted Of Murder

In one of the most unusual events in police history, a police officer entered an apartment she believed to be her own, saw a man in "her" apartment, saw the man get up and move in her direction, and fired her weapon, killing this man.  The only problem for this police officer was that she was not in her apartment, the man was not armed, and she did not use less-than-lethal alternatives, nor did she simply back away, set up a perimeter, and call for assistance on her radio or her cell phone.

Amber Guyger, former Dallas Police Officer, made many mistakes on the night she shot Botham Jean, mistakes that a reasonable person in her position most likely would not have made.  More specifically, she made mistakes that a reasonable police officer would not have made, or should not have made.  She went to the wrong apartment.  Yes, the door to the apartment was either unlocked or standing slightly open.  Yes, an open door to one's home is a good indication of burglary.  But, Amber Guyger opened the door and walked into what she thought was her apartment.  She immediately saw a man seated at the dining table, eating ice cream.  Does a burglar sit and eat in a house he has broken into?  Oddly enough, YES, they sometimes do.  BUT...finding a man eating ice cream could also be an opportunity for an officer to pause, take a good look around, and maybe discover that he or she was in the wrong apartment.

As an officer, if I found an open door, I immediately called for back-up.  No, not because I was afraid, but because if the burglar tried to escape, two or more officers were more likely to make the arrest successfully than would be one officer.  Even if I were at my own house and suspected a burglar to be inside, my police training would kick in, and I would follow standard procedure.  Why Amber Guyger did not, we may never know.  Did Botham Jean actually make a threatening move toward Officer Guyger?  We may never know.  But he was unarmed.  That fact alone made this situation a "don't shoot" situation.  Did he get irate that a police officer was suddenly in his home?  More likely, did he become frightened and desperately ask why the officer was in his apartment? 

If Officer Guyger was shouting something like, "what are you doing in my house?!" it would be natural for Botham Jean, or any man, to be both confused and angry.  Perhaps Mr. Jean was shouting for Guyger to get out of HIS house!  And rightfully so.  Amber Guyger said that Mr. Jean moved toward her in a threatening manner, placing her in fear for her life.  At least one crime scene specialist felt that Mr. Jean was found in a "cowering position."

After the shooting, Amber Guyger, in the recording of her 9-1-1 call, stated several times that she would probably lose her job.  Instead of being concerned with aiding Mr. Jean, Amber was worried about her future.  She also delayed physically aiding Mr. Jean for several minutes while on the phone.  Whether Jean would have survived with prompt first aid is questionable since he was shot twice in the chest, but an officer is trained to go from defensive mode to rendering aid immediately, in order to save a person's life, whether or not the person is a criminal offender, and even if that person had just moments before tried to shoot the officer.  That is what a cop is expected to do.

Regardless of what Amber Guyger did or did not do that night, she was responsible for a man's death, in what was clearly unjustifiable shooting, and she was rightly charged with murder.  It was no surprise that she was found guilty.  The real surprise to me is that she was sentenced to only ten years for that murder.  To many people, this sentence (as at least one person said) was "a slap in the face" to the victim and his family.  Others, many of then black, were happy that a white cop was held accountable for shooting an unarmed black man.  While I personally doubt that this incident was racially motivated, others think race played a big part in Officer Guyger's decision to use deadly force rather than less-than-lethal force, or even retreat to a safer area and call for help.  That is a debate that will go on for some time and may never be resolved.

There is one factor that has been overlooked by the media, or at least mostly ignored, and that is whether or not fatigue played a part in Ms. Guyger's mistaken belief that she was in her apartment, and in her decision not to call for help, in violation of standard police practice.  Would she have resorted to less-than-lethal measures if she had been thinking more clearly?  Would this terrible tragedy have happened at all if Ms. Guyger has not worked so many consecutive 12-hour shifts?  If the City of Dallas either required or encouraged Ms. Guyger to work so many hours, does the city government share some responsibility in this tragedy?  I suspect lawyers for the Jean family will pursue this angle in future litigation with the City of Dallas.

Amber Guyger made poor decisions and killed an innocent man.  Regardless of all the speculation, all of the "what ifs," Ms. Guyger committed murder and must pay the price, in this case, ten years in prison.  She received a much more lenient sentence than that which she meted out to Botham Jean.  But what a touching, inspirational moment it was when Botham's brother, Brandt, hugged Ms. Guyger and told her that he forgave her.  No one wants to go to prison, especially not a former police officer, but at least Ms. Guyger's heart can be somewhat lighter, her burden somewhat easier to bear, knowing that Botham Jean's family is able to forgive her.  And, light sentence or not, Ms. Guyger will no doubt relive this scene over and over, throughout her sentence, and probably for the remainder of her life.

May God bless this family that lost their son and brother, and may God also bless and protect Amber Guyger as she faces what may be a cop's worst nightmare, confinement in prison with hundreds of others who hate policemen.

End of Watch: Deputy Sandeep Dhaliwal, Harris County Sheriff's Office, October 27, 2019

On Friday, September 27, Harris County Sheriff's Deputy Sandeep Dhaliwal was shot and killed during a traffic stop that afternoon.  Deputy Dhaliwal was a ten-year veteran with Harris County and was the first Sihk to be hired by the Sheriff's Office.  He leaves behind his wife and three children, as well as his fellow officers with Harris County.

Deputy Dhaliwal had stopped a traffic violator, later found to be a wanted parole violator.  According to officials, there was nothing in the initial contact which indicated the shooter was being uncooperative.  As the deputy returned to his patrol car, the shooter left his own car, ran up behind the officer, and fired into the back of Deputy Dhaliwal's head.  The shooter drove away, but was later apprehended by a lone deputy who confronted the shooter face-to-face.  As usual in this situation, the shooter "meekly surrendered," not wanting to be hurt himself.

As a former police officer, I am aware of a couple of "danger points" in a police officer's career.  These danger points are well-documented.  Obviously the first year is one of the most dangerous for the new officer.  Another danger peak is around the fifth year, when an officer, particularly an officer who has experienced several dangerous events while on duty, may become over confident and cut corners on officer safety.  Finally, there is a documented tendency for officers with ten years or more experience to at times relax somewhat during potentially dangerous situations.

One thing that is difficult for many to understand is that a traffic stop is one of the most dangerous tasks a police officer performs.  A police officer never really knows who he or she is stopping, what that person may have just done, what others in the car may be wanted for, or whether the driver or someone else in the car is waiting for an opportunity to kill the officer, for whatever reason.  Just as in Deputy Dhaliwal's encounter, the "mere traffic law violator" turned out to be a wanted felon.  But for reasons known only to Deputy Dhaliwal, he turned his back on the shooter and began walking toward his patrol car.  This a mistake many an officer has made (myself included) but occasionally an officer pays for this mistake with his life.

This does not relieve the animal who did the shooting from his responsibility for murdering the officer.  Who knows why a criminal chooses to kill an officer to temporarily escape apprehension, when the criminal knows that he will be arrested only hours, or even minutes, after he murders the officer.  But this scenario plays itself out over and over across the United States each year.  A criminal murders an officer because the criminal does not want to go to jail, but then surrenders only a short time later without hurting anyone.  I will never understand this reasoning.

I am honored to lift up Deputy Sandeep Dhaliwal and thank him for his service.  I pray the the Good Shepherd holds this family in His arms, and also comforts the many officers who have lost a brother in blue.

May God bless that Thin Blue Line up yonder, one officer stronger now.