Amber Guyger’s arrest affidavit contradicts search warrant for Botham Jean’s apartment

By Star-Telegram

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(STAR-TELEGRAM) — An arrest affidavit for the off-duty Dallas police officer accused of killing Botham Jean contradicts a search warrant for his apartment. But police say evidence found at the scene confirms that Jean was across the room when he was shot.

Amber Guyger, 30, is charged with manslaughter in the fatal shooting of Jean, 26, on Sept. 6. She told police she mistook Jean’s apartment for her own and opened fire because she believed Jean was an intruder.

An arrest affidavit released Monday says Guyger’s apartment is directly below Jean’s at the South Side Flats, 1210 South Lamar.

The affidavit, written by Officer David L. Armstong of the Texas Rangers, is based on what Guyger told the officer happened. It says she “inserted a unique door key, with an electronic chip, into the door key hole. The door, which was slightly ajar prior to Guyger’s arrival, fully opened under the force of the key insertion.”

It then says that the door being opened alerted Jean to Guyger’s presence. It says Guyger described the apartment as being dark and she thought “she had encountered a burglar, which was described as a large silhouette, across the room in her apartment.”

Guyger drew her firearm, “gave verbal commands that were ignored by (Jean),” and then she fired two shots. Jean was shot once and died.

However, a search warrant written on Sept. 7 and signed by Judge Brandon Birmingham tells a different story. An officer within the police department told the Dallas Morning News that the search warrant was written before Guyger was interviewed.

“An off-duty Dallas Police Officer, who was wearing a full Dallas Police uniform, was attempting to enter apartment number 1478, with a set of keys,” it says. “An unknown male, inside the apartment, confronted the officer at the door. A neighbor stated he heard an exchange of words, immediately followed by at least two gunshots.”

While the arrest warrant describes Jean as being “across the room,” the search warrant says he confronted Guyger at his door.

The Morning News reported that evidence found at the crime scene supports Guyger’s account that Jean was across the room when he was shot.

The warrant was for the collection of evidence, including shell casings, bullets, firearms, ballistic vest, keys, possible video, any narcotics and and other trace evidence such as blood.

The warrant doesn’t say if investigators were looking for narcotics that Guyger possibly had, or if they believed they were in Jean’s apartment. Guyger’s blood was drawn to test for drugs and alcohol, Dallas Police Chief Renee Hall has said.

The arrest warrant also doesn’t include witness statements — which Lee Merritt, an attorney for the Jean family — pointed out on Monday.

Merritt said that two witnesses, who are sisters and residents of the apartment complex, gave statements that contradict the arrest affidavit.

“One happened to be in a quiet room reading a book so she was in the best position to hear things,” Merritt said. “She heard pounding at the door. The other one (witness) was in the living room (of her own apartment) watching TV. She also heard the same pounding at the door.”

He said the key witness, who was reading the book, heard shouting.

“She heard, ‘Let me in!’ followed by ‘Let me in!’ in an elevated tone and then she heard more pounding at the door,” Merritt said. “Then shortly thereafter she heard gunshots.”

Guyger was arrested for manslaughter on Sunday evening and released about an hour later on a $300,000 bond.

Jean, who is from the Caribbean island of St. Lucia, is a graduate of Harding University and worked at PwC in Dallas.

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This article was posted in its entirety as received by stlucianewsonline.com. This media house does not correct any spelling or grammatical error within press releases and commentaries. The views expressed therein are not necessarily those of stlucianewsonline.com, its sponsors or advertisers.

3 comments

  1. It pains me to read that the victim did not obey her verbal commands. Since when are we citizens mandated to comply with a stranger who broke into your home commands. She claims she only saw a silhouette of a man, so if she didn't see him clearly WHY WOULD WE ASSUME HE SAW HER CLEARLY or heard her speaking in order to OBEY VERBAL COMMANDS as the article puts it. This makes me feel frustrated!! The dead should not be put on trial. He can't voice his truth!!!

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  2. Can't wait for the truth to come out! Interesting how long it took to issued an arrest warrant for that woman. They make sure she did not spend one night in jail by giving her enough time to come up with bail money. If it was a black officer who had commented such a crime he/she would have been in jail that same night. Hmmm.... God bless America.

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    • They didn't give her time for bail money, they gave her time to construct an alibi. Bail is never an issue, it is only us St. Lucians who believe bail is something because we are poor. Bail can be given by police themselves if the think that the accused is not a flight risk, bail is never meant to be exorbitant to keep the person in jail but what it supposed to do is have the accused commit some substantial asset that would discourage his non appearance in Court.

      I think the media should take this on to educate people like you as to what the intention of bail is. Bail is not a charge either or an indication of you guilt or innocence, it just the government way of saying that if you don't appear then you loose your money. Do you know that the bail amount is returned to the person after they appear in Court?

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