DALLAS COUNTY, Texas — A former Dallas police officer offer time because that a killing conviction want that conviction overturned, but a court denied her appeal ~ above Thursday.

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Amber Guyger fatally shoot Botham Jean in his Dallas apartment in Sept. 2018 if she was still in uniform.

She was arrested on a manslaughter charge, however was judge of killing in Oct. 2019 and also sentenced to10 year in prison.

Guyger said that the evidence is legally inadequate to present she cursed murder, according to court documents. The court ruled that evidence supported the guilty decision of murder. Guyger admitted during her testimony the she to plan to death Jean.

Guyger additionally argued it was a "mistake the fact" that she thought she was in her very own home. The court stated that the "mistake that fact" in criminal legislation is different than the situation.

Herlawyers suggested because she believed she was in her apartment,Guygerwas acting in self-defense, follow to court documents. Her appropriate to self-defense, if applicable, "did no negate her will to death Jean."

Chief righteousness Robert D. Burns III,justicesLana MyersandRobbie Partida-Kipnessmadeup the three-justice panel to hear the case.

Guyger deserve to now appeal come a greater court in Austin, but she will proceed serving she 10-year sentence.

During the trial, Guyger claimed she had actually just finished a 13-hour change when she said she mistook Botham Jean"s apartment as her own.

She called investigators the she parked ~ above the 4th floor rather of the third at the southern Side Flats apartments, arrest documents show. However prosecutors said the 4th floor that the garage is open-air, if the third floor, wherein Guyger typically parks, is not.

Prosecutor Jason Hermus stated Guyger, who was still in uniform, additionally missed numerous visual clues during her walk under two lengthy hallways.

She also failed to an alert Jean’s red doormat, the only one through such a noticeable doormat top top the third or fourth floor, and the odor of marijuana in his house — all indicators she had gone to the dorn door.

During the trial, it to be revealed that Jean"s apartment was an ext cluttered than Guyger"s, which to be sparsely furnished. Guyger"s apartment had a half-circle entry table with a vase of flowers towards the living room of her apartment.

She walk not have actually a rug, nor a coffee table. Jean had a huge round ottoman in front of his couch. Guyger did no have any type of artwork behind her couch, unequal Jean.

The door was unlocked and also Jean to be on the couch eating vanilla ice cream and watching TV as soon as Guyger go in. She shoot twice, highlight Jean once in the lower chest. The cartridge ripped downward with his body, Hermus said.

Prosecutors claimed Guyger was more concerned through texting her companion than v trying to aid Jean. ~ the shooting, she texted her companion twice speak she essential him.

“She should’ve been giving 100% of her attention to the man,” Hermus stated of Jean, that was lie on his life room floor while Guyger waited external for an initial responders.

Guyger"s secrets were in Jean"s door when the very first officers arrived. The doors at the apartments take it an digital lock, which turns prefer a common key.

Jean hadn"t locked his door as soon as he returned home from to run an errand. Crime step photos present the win plate, which is wherein the door latches closed, was slightly warped.

The door wasn"t totally closed and also latched the night that the shooting. Typically, the doors in ~ the south Side Flats should fully close automatically, because of the way they space weighted.

Texas Ranger David Armstrong, the command investigator ~ above the case, testified that he tested the closing of Jean"s door numerous times. It didn"t repetitively slam shut each time, the said.

Guyger testified she to be so disoriented that she had actually to walk exterior of the unit to obtain the apartment number for the 911 dispatcher.

Jurors had actually to determine whether Guyger fairly thought she was inside her own apartment at the time of the shooting and whether a reasonable human being in her place would have shot Jean in self-defense, together she alleges.


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