Santa Fe New Mexican

Ex-cop’s murder trial for shooting neighbor set to start

- By Jake Bleiberg

DALLAS — Last September, a white police officer shot and killed an unarmed black man in his own apartment. That much is settled.

But nearly every other aspect Amber Guyger’s murder trial for the killing of Botham Jean remains cloaked in controvers­y as opening statements in the case are set to start Monday.

For some, the shooting was a tragic accident with circumstan­ces that can only be described as “very unique.” Others place it in a pattern of white officers killing black men that, they say, points to systemic problems in American policing.

A jury will ultimately have to reach consensus on whether Guyger committed murder, a lesser offense or no crime at all. On the eve of trial, one of the only points of agreement about her case in Dallas is that it has the potential to profoundly affect the relationsh­ip between police and residents.

Dr. Brian Williams, the former head of the city’s police oversight board, called the trial a “flashpoint” that could significan­tly bolster or deeply damage public confidence in the police.

“This is an opportunit­y for Dallas to show that there is a way of handling these complicate­d and controvers­ial issues of police use of force against minority citizens in a way that is fair and transparen­t and assures accountabi­lity for law enforcemen­t,” Williams said.

Guyger, 31, was off duty but still in uniform when she shot Jean. She told investigat­ors that after a 15-hour shift she confused Jean’s apartment with her own, which was directly below his, and mistook the 26-year-old accountant from St. Lucia for a burglar.

Guyger said she parked on the fourth floor of her apartment complex’s garage — rather than the third floor, where she lived — and found the apartment’s door ajar, according to an affidavit.

Three days after the shooting, Guyger was arrested on suspicion of manslaught­er. She was subsequent­ly fired from the Dallas police department and charged by a grand jury with murder.

Jean’s family and other critics have questioned why Guyger was not taken into custody immediatel­y after the shooting and whether race factored into her use of deadly force. In January, a judge issued a gag order barring attorneys in the case from speaking about it publicly.

Because of the shooting, Dallas residents of color feel “they can no longer be safe even in their living rooms,” said imam Omar Suleiman, a leader with interfaith group Faith Forward Dallas. Some city residents expect Guyger will not face legal punishment and are preparing to respond, he said,

“That’s very dangerous,” Suleiman said. “If the community sees her walk free without any repercussi­ons, it’s not just going to be your ordinary protest.”

Legal experts say getting a murder conviction will be difficult in Guyger’s case.

Heath Harris, a defense lawyer and former First Assistant District Attorney in Dallas County, said Guyger’s attorneys are likely to argue that she acted in self-defense because she believed she was in her own home. The case may well hang on whether the jury thinks that was a reasonable mistake.

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Amber Guyger

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