Dallas Court Denies Amber Guyger’s Appeal to Overturn Murder Conviction in Death of Botham Jean

Amber Guyger is set to ask to be acquitted for murdering Botham Jean on September 6, 2018. (Tom Fox/The Dallas Morning News via AP)

A former Dallas police officer serving time in prison in the killing of Botham Jean wanted her murder conviction overturned, but a higher court on Wednesday denied her appeal for the second time.

Amber Guyger was convicted of murder in October 2019 and sentenced to 10 years in prison. Guyger fatally shot Jean in his Dallas apartment in September 2018 while she was still in uniform.

After the conviction, Guyger requested a lesser charge and a new hearing for her punishment.

Guyger argued that the evidence is legally insufficient to show she committed murder, according to court documents. The court ruled that evidence supported the guilty verdict of murder. Guyger admitted during her testimony that she intended to kill Jean.

Guyger also argued it was a “mistake of fact” that she thought she was in her own home. The court said that the “mistake of fact” in criminal law is different than that situation.

Her lawyers argued because she believed she was in her apartment, Guyger was acting in self-defense, according to court documents. Her right to self-defense, if applicable, “did not negate her intent to kill Jean.”

An appeals court had already denied her request in August, but she appealed to a higher court in Austin. But on Thursday, the appeals court overruled her appellate issues and upheld the conviction and trial judgment.

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SOURCE: WFAA, Eline de Bruijn