Thursday, October 3, 2019

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.




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