The murder conviction of former Dallas police officer Amber Guyger was recently affirmed. In all respects. By an unpublished opinion of a Texas intermediate appellate court. It was no surprise at all to me and others who invested the time and effort to study the evidence and the applicable Texas law, and viewed the entirety of the trial and appellate argument, and read all available trial and appeal filings. Her legal arguments had little merit, and sadly, she, her post incident statements, trial testimony, and the indisputable facts evoked no favorable emotion for her self-made predicament.
Amber Guyger got a fair trial, correct and favorable jury instructions, and a very reasonable sentence. The appellate court correctly analyzed the statutes and case law. Unless a higher court says otherwise. Which is very unlikely. The appellate opinion is HERE.
Some musings for those who think she should not have been prosecuted/convicted: There is no universal analysis applicable to her case; one has to digest Texas state law. Statutes and cases. On murder and justification and mistake of fact. The mistaken belief allowed in the realm of self-defense and use of force justification doesn’t allow for mistake of whose Castle it was. Police practices and federal civil excessive force case law are barely relevant, if at all. She didn’t shoot by “accident” as some claim. The Texas Ranger “expert” testimony was properly excluded. The jury could and did reasonably conclude she wasn’t entirely truthful when she testified. Her testimony included an admission of intent to kill. The Texas homicide statutes are HERE. The Texas justified use of force statutes are HERE.
Takeaway for everyone: Read your state statutes on murder, manslaughter and justified use of deadly force. You will likely be surprised by some of what constitutes murder, and see that in the provision(s) for defense of dwelling or residence (i.e., your Castle) “reasonable belief” is not invoked for where one is, and being in another’s Castle without the right to be there or unlawfully requires retreat and evidentiary presumptions in favor of the force user are lost. The MAY. It’s important. Always.
I feel sad for all of those affected by this tragic, unnecessary killing. But that doesn’t affect my legal analysis. I wish hope for Amber Guyger, that she finds redemption, and that she be well while in and after she is released from prison.