Amber Guyger attorneys file attraction in Botham Jean homicide case

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Amber Guyger attorneys file appeal in Botham Jean murder case

Guyger’s attorneys are seeking a lesser charge.

August 8, 2020, 7:16 PM

4 min read

Attorneys for former Dallas police officer Amber Guyger have filed an appeal, requesting she be acquitted of murder charges after fatally shooting Botham Jean nearly two years ago.

Guyger’s attorneys are seeking a lesser charge, criminally negligent homicide, and a new hearing for Guyger, according to court documents.

Allison Jean with her son, Botham, at a graduation ceremony at Harding University.

Allison Jean with her son, Botham, at a graduation ceremony at Harding University.

Courtesy Allison Jean

A Dallas County grand jury indicted Guyger on one count of murder in November 2018. She was sentenced to 10 years in prison for killing Jean. She said she mistook his apartment for her own, which was one floor below, and fired at him thinking he was an intruder.

“The evidence was legally insufficient to prove beyond a reasonable doubt that Guyger committed murder,” her attorneys argued in a court document. They’re claiming Guyger had “the right to act in self-defense since her belief that deadly force was necessary was reasonable under the circumstances” because of her “mistaken belief” that she had entered her apartment and found an “intruder” inside, court documents show.

Former Dallas police officer Amber Guyger leaves the courtroom during a break in morning proceedings in her murder trial, Sept. 24, 2019, in Dallas.

Former Dallas police officer Amber Guyger leaves the courtroom during a break in morning proceedings in her murder trial, Sept. 24, 2019, in Dallas.

Tom Fox/AP, File

The appeal was filed on Tuesday in Dallas’ 5th Court of Appeals.

Botham Jean, was an accountant at the international auditing firm PriceWaterhouseCoopers. He was is in his apartment eating ice cream on Sept. 6, 2018, when Guyger, who had just capped off a 13 1/2-hour shift helping a SWAT team arrest three suspected robbers, entered his unlocked door and fatally shot him in the chest after mistaking him for a burglar. Moments after the shooting, Guyger realized she was in the wrong apartment.

In the 911 call made by Guyger after she shot Jean, which was obtained by ABC Dallas affiliate WFAA, Guyger repeatedly tells a dispatcher, “I thought it was my apartment,” and says, “I’m going to lose my job.”

Guyger was fired from the Dallas Police Department Sept. 24, 2018.

Guyger’s attorney didn’t immediately respond to a request for comment from ABC News.

ABC News’ Bill Hutchinson contributed to this report.