Ian C. Kuzushi wrote:You seem unable to present the facts of the case, even as they are presented in your own posts. You also really can't imagine making any sort of judgment on your own without the law? I guess you wouldn't have been an abolitionist.
RE: the location of the victim:
The medical examiner testified that evidence supports that Guyger shot Jean while he was bending over, trying to get up or lying down.
A juror must put aside their feelings and follow the law as given in the court's instructions, regardless of whether they agree with the law.
The first shot may have went over his head. Jean could have been ducking away. It's the prosecution's burden to prove beyond a reasonable doubt what happened.
Ian C. Kuzushi wrote:RE: The verdict and interpretation of the laws:
Guyger’s entire defense rested on mistaken fact. The jury likely determined the reasonableness of her defense or lack thereof. The jury reviewed Guyger’s actions of parking on the wrong garage floor with a different view than her floor; going to an apartment with a distinguishing bright red door mat on the outside; failing to recognize the different apartment décor inside until after she shot and killed Jean; failing to call for back up before shooting Jean.
Judge Tammy Kemp ruled the jury could consider the Castle Doctrine. It allows use of lethal force to protect one’s home when someone intrudes. Yet, Guyger was the intruder inside Jean’s home. Guyger admitted that she intended to kill Botham Jean — believing him to be an intruder in her home. Her admission likely aided in a murder conviction. Murder requires proof of an intent to kill. Manslaughter requires no proof of intent.
https://thehill.com/opinion/judiciary/4 ... -of-murderGuyger's defense rested on a legal principle known as "mistake of fact." If a jury finds that a reasonable mistake led someone to commit a crime they wouldn't have otherwise in Texas, the state's penal code dictates that the person charged should not be found guilty of a crime.
In Guyger's case, the jury of eight women and four men found that her mistakes — going to the wrong apartment and then deciding to use lethal force against Jean — were unreasonable.
Right, the jurors said they found Guyger's "mistake of facts"
reasonable. Therefore per TX's state penal code, Guyger "should not be found guilty of murder." Per
this attorney, if the jury finds Guyger's mistakes are reasonable it's
not legally proper to find Amber guilty of murder. It might be appealed.
Starting at
13:31,
“But, the prosecution did not prove she did not reasonably believe that she was in her own apartment.” At
14:25, Interviewer: "When she said I thought it was my apartment, I thought he was an intruder. So, I shot him. Did you believe her?" Jurors: "Yes."
At
2:37, "We all felt like we didn’t have anywhere near the law experience to decide this. But, we had to because that’s how jury duty works."