The Amber Guyger case ended with the former Dallas police officer convicted of murder and sentenced to 10 years in prison for shooting her neighbor Botham Jean in his own apartment after she mistook it for hers. A Texas appeals court upheld the conviction, and the state’s highest criminal court declined further review.
What Happened on September 6, 2018
Guyger returned to the South Side Flats in Dallas after a long shift. She parked on the fourth floor of the garage rather than the third, where her unit was located, and walked to apartment 1478, directly above her own apartment 1378. The door was slightly ajar. She entered with her service weapon drawn.
Botham Jean, an accountant, was sitting on his sofa eating ice cream. Guyger, believing she had found an intruder in her home, gave verbal commands and fired two shots in the dim apartment. One round struck Jean in the chest and killed him.
From Manslaughter to Murder
Investigators first arrested Guyger for manslaughter, which under Texas law covers recklessly causing another person’s death.1Justia. Texas Penal Code § 19.04 A grand jury then returned a murder indictment.
Texas defines murder to include intentionally or knowingly causing death, and also causing death through an act clearly dangerous to human life committed with intent to cause serious bodily injury. Murder is generally a first-degree felony,2Justia. Texas Penal Code § 19.02 carrying a prison term of five to 99 years or life and a possible fine of up to $10,000.3Justia. Texas Penal Code § 12.32 The upgraded charge sharply raised her exposure at trial.
What Each Side Argued at Trial
Prosecutors used physical differences between the third and fourth floors to argue Guyger should have known she was in the wrong place. Jean kept a bright red doormat outside his door; Guyger’s floor had none. Forensic evidence on the bullet’s trajectory indicated Jean was seated when he was shot, undercutting any claim that he had lunged or advanced.
Guyger’s defense relied on the mistake of fact doctrine, which can negate the mental state a crime requires when a defendant held a reasonable but incorrect belief about a fact.4Justia. Texas Penal Code § 8.02 The defense also invoked Texas self-defense law, under which a person with a right to be at a location and who has not provoked the other person is generally not required to retreat before using force.5Justia. Texas Penal Code § 9.31
Guyger testified that fatigue and muscle memory carried her to the wrong floor, and the defense pointed to the identical layouts of the units to argue the mistake was plausible. She expressed remorse describing her state of mind at the door.
The Verdict and 10-Year Sentence
On October 1, 2019, the jury found Guyger guilty of murder. After hearing testimony from Jean’s family during the sentencing phase, the jury imposed a 10-year prison term, at the low end of the range for a first-degree felony.
The proceedings drew wide attention for a moment at the close of the trial phase, when Jean’s brother, Brandt Jean, offered Guyger forgiveness during his victim impact statement and asked the judge for permission to hug her.
The Appeal and Where the Case Stands
In 2021, Guyger’s lawyers appealed, arguing the evidence supported only a manslaughter conviction because her mistake of fact negated the intent required for murder. The Texas Fifth Court of Appeals rejected that argument and upheld the conviction, finding the evidence sufficient for a jury to find murder.6Justia. Guyger v. State
Guyger then petitioned the Texas Court of Criminal Appeals, the state’s highest court for criminal matters. The court declined to take the case, ending direct review and leaving the murder conviction and 10-year sentence intact. Guyger remains eligible for parole consideration under Texas law.