No change of venue.
Judge Tammy Kemp has denied a change of venue request from attorney's for former Dallas police officer Amber Guyger.
DALLAS (CBSDFW.COM) – The Dallas Police Association is defending its call for a delay in the Amber Guyger murder trial, set to begin Monday, September 23.
That call for a 30 to 60 day delay first reported Tuesday by CBS 11 was met with criticism from the family of the victim, Botham Jean.
But the call to delay the trial has been met with a sharp response.
Protests have already been organized to take outside Amber Guyger’s emotionally charged murder trial.
That has led the largest organization or Dallas officers to suggest delaying the trial until after the 24-day run of the State Fair which begins next week.
Dozens of officers will be assigned to security there and the Dallas Police Association believes it’s irresponsible of city and county leaders not to delay the trial.
State Fair of Texas organizers tell CBS 11, they will rely on security help from Dallas ISD Police and DART Police as they have in recent years.
The civil attorney for Jean’s family accused the DPA of caring more about recreation than justice.
Wednesday, Sgt. Mike Mata responded to that.
“This has nothing to do with economic growth or dollars coming to the city this has everything to do with Public safety and I have a responsibility speaking of the members of the Dallas Police Association and members of the Dallas Police Department to make it known that these are things that could happen,” said Sgt. Mata.
But Mata says he hopes he’s wrong.
“I hope we have a peaceful response but we as a police department and police association we have to plan for the worst and hope for the best,” he said. “I want hem to know to know that I made it known that we did try.”
Mata does not believe the trial will be delayed and there’s no indication from the judge that will happen.
DALLAS - The fired Dallas police officer accused of murder for fatally shooting an innocent man in his own apartment was busy sexting one of her colleagues the night of the fatal shooting, prosecutors said on Monday.
But prosecutors said on Monday that Guyger wasn’t tired as her lawyers have claimed. They said she was alert and actively sexting with one of her male colleagues at the police department in the hours and minutes before the shooting took place. Some of the messages sent were deleted after the shooting, prosecutors said.
During a hearing on Monday morning, before opening statements, both sides argued over whether the texts and phone calls between Guyger and Martin Rivera would be allowed. Judge Tammy Kemp eventually agreed they would be admitted for evidence.
Prosectors then focused on Guyger's relationship and communication with her former Dallas police partner.
"In the last 10 minutes of Bo's life, Amber Guyger made a series of unreasonable errors and unreasonable decisions and unreasonable choices," said Dallas County Assistant District Attorney Jason Hermus.
“Super horny today too,” Guyger texted to Rivera. “Me too,” Rivera texted back.
It was also revealed both Guyger and Rivera deleted all of those messages from their phones. It's unclear when that happened.
When asked why he deleted the messages off his phone, Rivera said: “that's not something I want to be reminded of. I don't keep messages saved unless it's of importance.
Hermus said Guyger ignored multiple signs that showed she was on the wrong apartment floor on the night she killed her upstairs neighbor, Jean. One of those signs was a bright red doormat outside Jean’s apartment.
“Botham Jean wanted his apartment to be very noticeable. And he took steps to make sure that happened. In front of Botham’s apartment is this extremely obvious bright red floor mat, right in front of his door. I want to reiterate Amber Guyger had no floor mat,” he said.
Hermus also discussed bullet trajectories suggesting Jean was in a crouched position when he was shot and argued Guyger didn’t do anything to try to save Jean after she shot him.
"She should've been giving 100 percent of her attention to that man. 100 percent," Hermus said.
"Should you be giving 100 percent of your attention to the person dying in front of you, if you can?" Hermus asked Rivera.
"Yes," he replied.
"Should you be sending text messages?" Hermus asked.
"No," Rivera admitted.
The opening statement from defense attorney Robert Rogers was mostly spent trying to poke holes in the arguments made by the prosecution.
Rogers said it was “preposterous” that the sexting and hook-ups involving Guyger and Rivera had any relevance to the case. He said their sexual hook-ups were in the past and their fling had ended.
Rogers told the jury what happened that night was just an unfortunate set of circumstances that led to the untimely death of Jean.
Some of those circumstances: Guyger parking her car on the wrong floor and walking to Jean’s apartment instead of her own. She failed to notice that she was entering his apartment instead of her own. She pushed open a door that Jean had left unlocked.
Guyger's supervisor also testified saying that officers are always prepared for a possible ambush, but that she could have also considered a tactical retreat and walked away from his door and called SWAT if she did think he was an intruder.
His sister Alissa Finley was the first person on the witness stand and talked about who he was to the family and his dreams. She was also asked about his marijuana use. She says it goes back to a health diagnosis he had while he was in college.
“He was diagnosed with ADHD and he was prescribed Adderall. He started taking the Adderall, but he always complained he didn't like how it made him feel. Like one, he couldn't sleep while he was on Adderall and then for him to speak he would have to stop taking it completely. He described it as crashing when he stopped taking it. It was always back and forth with it. So he stopped taking it completely and that's when he started smoking,” Finley said.
Proceedings began Monday morning with Kemp ruling on motions from prosecutors and the defense, including a motion for a mistrial because of news coverage that aired on FOX 4 Sunday night.
Kemp questioned jurors individually to make sure they did not see the news coverage. She then denied the motion and told jurors they would be sequestered for the remainder of the trial.
Kemp also reminded everyone that laptops, cellphones and even Apple watches are not allowed in the courtroom to limit distractions. Out of the presence of the jury, she became frustrated because someone’s laptop started playing music during the proceedings.
The trial is expected to last two weeks. The defense told jurors, most of whom are minority, that Guyger herself will take the stand.
FOX 4 News will cover the trial on air, online and on social media. CLICK HERE for an archive of stories related to the case.
Visit fox4news.com throughout the day or FOX 4 News on Facebook for a live stream. Reporters at the courthouse will also be sharing live updates on Twitter.
A jury on Tuesday heard Dallas cop Amber Guyger’s frantic call to 911 after she fatally shot her neighbor in his apartment.
“Oh my God, I thought it was my apartment,” Guyger is heard saying. “F***!”
“I thought it was my apartment,” she says over and over, Fox 4 Dallas reports. The station reported that Guyger, now an ex-cop, wiped away tears in the courtroom as the jury listened to the call.
On the trial’s second day, the jury also saw body camera video showing Officer Michael Lee run up four flights of stairs, through hallways and into Botham Jean’s apartment.
“I thought it was my apartment,” Guyger says to Lee, one of the first officers on the scene, the station reported.
In the video, Lee can be seen performing CPR on the gravely wounded John.
“Come on, chief,” Lee says in the video, according to the station.
Guyger is on trial for the Sept. 6, 2018 murder of the 31-year-old Jean in his apartment. She says she mistook his apartment for her own and thought he was a burglar.
Amber Guyger found guilty of murder at trial in fatal shooting of neighbor Botham Jean
Amber Guyger was found guilty of murder on Tuesday for fatally shooting her neighbor, Botham Jean, after thinking he was an intruder when she mistakenly entered his apartment.
She faces a maximum of life in prison.
The jury was tasked with deciding whether or not Guyger, 31, acted reasonably when she used deadly force, and if the prosecution had proven beyond a reasonable doubt that she intentionally killed Jean or if a lesser charge of manslaughter, which involves reckless conduct, was warranted.
Deliberations began Monday afternoon after a week-long trial, which included the playing of the 911 call that Guyger made after shooting Jean and dramatic bodycam video from officers who responded to the scene.
I wouldn't put much stock in any sentencing this judge gives.This is probably sexist as hell, but I'm glad it's a female judge sitting on this one. I am afraid of how lenient the sentence would be otherwise.
https://www.bet.com/news/national/2019/09/27/amber-guyger_s-testimony-reveals-disturbing-details-about-the-ni.htmlGuyger, who was on the force for four years, also chose to only give Jean a “little CPR” as he laid on his floor bleeding out. She called 911, while also sending a text to her married lover, Martin Rivera, while on the call.
According to the testimony, Guyger texted Rivera, “I need you ... hurry," and another a minute later confessing, "I f***ed up," one minute later.
The trial continued when Dallas county prosecutors examined the bookbag Guyger was wearing that fateful evening. The bag contained a first aid kit, along with combat gauges designed specifically to stop bleeding. The gauge packet was unopened.
Guyger only admitted to conducting a “sternum rub” on Jean’s upper left chest where she shot him, but stopped when authorities arrived on the scene. Tu Minh Nguygen revealed how Jean was “still alive” when officers began CPR. He died later at the hospital from the gunshot wound.
DALLAS - Legal experts believe Amber Guyger’s legal team will likely appeal her murder conviction.
Trial observers, like defense attorney Heath Harris, are looking ahead to what could happen with Guyger's murder conviction in appeals court.
Harris is not affiliated with the case. He has experience as a former prosecutor on police cases and believes Guyger's attorneys will move aggressively to get a new trial.
“They're gonna throw everything, just like they did in this trial,” Harris said. “They're going to throw everything they have at the appellate court, hoping something sticks, hoping something gives them another chance at retrying this case.”
The appeal sentence could possibly start with the judge not allowing the trial to be moved out of Dallas County.
“There's a reason why they didn't want it to be here in Dallas County: obviously the emotional appeal,” Harris said. “You've seen a lot of emotion from the citizens here in Dallas County.”
During the trial, crucial testimony that may have helped Guyger's defense was not allowed in court. Outside the presence of the jury, two law enforcement officers said they believed Guyger acted reasonably and did not commit a crime. The judge declined to let the jury hear those opinions.
“They're gonna scour through that transcript,” Harris said. “They're going to scour through every ruling for what are the appropriate issues that could potentially get this case overturned.”
Legal experts say it will likely be a while before the case is in court again. Guyger’s legal team will need to do some procedural things, like getting transcripts from the trial and presenting briefs, to get the process moving forward.
Dallas Police Chief Renee Hall addressed what she called "disheartening" testimony during the trial and said an internal affairs investigation will soon be underway.
Surveillance camera video that jurors did not see, but was presented in court, showed Dallas Police Association President Mike Mata open a squad car door and talk to Guyger. He motioned to another officer to stop recording video inside the car.
In a news conference at the trial’s conclusion, Chief Hall announced the department’s internal affairs division is now looking into that testimony.
“There was sworn testimony that revealed things during this trial that gave me concern,” she admitted. “If there were any improprieties, we are committed to addressing those and making the necessary change.”
Hall says that also includes Dallas Police Officer Martin Rivera, who had exchanged multiple text messages with Guyger. During sentencing Tuesday, prosecutors presented some racially-charged texts between them.
“Damn. I was at this area with 5 different black officers! Not racist but damn,” Rivera texted Guyger.
“Not racist but just have a different way of working and it shows,” Guyger replied.
Prosecutors also said Rivera and Guyger deleted those texts after the shooting.
“Officer Rivera is still a member of the Dallas Police Department,” Chief Hall said. “And his allegations along with all the others will be investigated by internal affairs.”
Hall also said they will look into the issue of failure to render aid. Prosecutors hammered Guyger throughout the trial for not doing more to save Jean after the shooting.
LinkA man who was a key witness in the murder trial of former Dallas police officer Amber Guyger was fatally shot Friday in the parking lot of his apartment complex, according to attorney Lee Merritt.
Joshua Brown was a neighbor of shooting victim Botham Jean, who was sitting in his apartment in September 2018 when Guyger walked inside and shot him to death.
Lee Merritt, attorney for Jean's family, told CNN he spoke to Brown's mother who confirmed the death.
Dallas police responded to a call for a shooting at the Atera Apartments complex around 10:30 p.m. Friday, police told CNN.
Officers were flagged down by witnesses who directed them to Brown, who was lying on the ground of the apartment parking lot with multiple gunshot wounds. He was transported to Parkland memorial hospital, where he died from his injuries, according to a statement from Dallas Police.
The DA gave an interview to KDFW-TV (Channel 4) that aired the night before the start of the Amber Guyger murder trial, which violated a gag order in the case.
Creuzot must now appear before Judge Tammy Kemp on October 31 to explain why he should not be held in contempt of court for that interview where he discussed the case.
At the start of the Guyger murder trial, Judge Kemp offered no verbal reprimands or displays, but showed frustration in the courtroom when she found out about the interview that had aired the night before.
In the court order, Judge Kemp states, “District Attorney John Creuzot did grant an interview which aired on KDFW Fox 4 television and online on September 22, 2019 and September 23, 2019 discussing the Amber Guyger case knowing the trial of the case was set- to begin September 23, 2019. Said action was in direct violation of the Court’s Order restricting publicity and did obstruct the administration of justice and impair the ability of the Court to conduct its business with dignity and in an orderly and expeditious manner.”
GATESVILLE, Texas (CBSDFW.COM) – Amber Guyger has been transferred to Mountain View State Prison in Gatesville northwest of Temple, to begin her 10-year prison sentence for the September 2018 murder of Botham Jean.
The prison released her booking photo Monday afternoon.
LinkJoshua Brown, the Dallas man gunned down 10 days after taking the stand in the high-profile Amber Guyger trial, had an extensive criminal history, according to a new report.
Legal documents obtained by local station WFAA reveal that Brown himself was no stranger to law enforcement — and was arrested in at least five different cities across Texas.
He was busted for drug possession, evading arrest, theft and having an illegal firearm, the documents reveal.
Brown, 28, was shot dead Friday in what cops are calling a botched drug deal — rejecting any suspicions that the slaying was related to the testimony.