DALLAS (WBAP/KLIF) – A panel of three Texas Judges is considering an appeal in former Dallas Police Officer Amber Guyger’s murder conviction.
Guyger is serving a 10-year prison sentence for Murder after she told Police she shot and killed Botham Jean by mistake, thinking his apartment was her own. During a hearing held virtually on Tuesday, appellate lawyers for Guyger asked the court to throw out her conviction. Attorney Michael Mowla said that Guyger’s actions were an example of “mistake of fact.” He suggested that a criminally negligent homicide conviction, which brings a much lesser sentence, would be more appropriate.
“There was an intent to kill on Ms. Guyger’s part. She testified to it,” Mowla told the Judges. “The problem is, if she would have been in her own apartment does the court believe she would have had justification to shoot to kill?”
Prosecutors said the Murder conviction is justified by Guyger’s admitted intent to kill.
“She knew Botham was a living human being,” the prosecution argued. “She pointed a gun at him. She intended to kill him. That’s murder.”
The appeals court now has the arguments and there’s no timeline on when a decision will come.
Listen to Clayton Neville’s story below:
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