Did Amber Guyger get special treatment as a Dallas officer after she shot Botham Jean?
Legal experts disagree on whether Officer Amber Guyger received special treatment from her colleagues in law enforcement after she shot 26-year-old Botham Jean in his own apartment.
Guyger has been charged with manslaughter, but she wasn't arrested until three days after shooting Jean.
Attorneys for his family say that delay proves the officer wasn't treated like an ordinary suspect, even though she admitted she killed Jean when she mistook his apartment for hers.
But Dallas' mayor and district attorney
have defended how law enforcement has handled the case.
The affidavit
An arrest-warrant affidavit says Guyger put her key in the wrong door, which she said had been slightly ajar. The door opened from the force of putting her key inside, she told police. It also says Guyger gave "verbal commands that were ignored" before she fired her weapon, fatally striking Jean in the torso.
The affidavit clearly draws on Guyger’s perspective. Although the affidavit doesn't say an investigator with the Texas Rangers interviewed her before writing it, details about what she said she saw and how she used her key make it clear authorities relied on Guyger’s narrative of the shooting — and perhaps no one else’s — to develop probable cause for the warrant.
Dallas defense attorney Clint Broden called that alarming. The wording of the affidavit portrays Guyger's statements as facts, he said.
“The person who signed the warrant is essentially making a false statement because he does not know the defendant’s version to be ‘fact,’ and he should not have signed an affidavit implying these were facts,” Broden said in an email.
But defense attorney Ted Steinke, who worked in the Dallas County district attorney’s office for 18 years, said the handling of the affidavit was not so strange.
“In an arrest-warrant affidavit, there only has to be enough information in there to justify the arrest,” he said. “That’s why the less police can put in there, the better for them.”
If officers think they have enough information to support probable cause for an arrest simply from talking to a suspect, that’s enough to make the case to a judge, Steinke said. Even if after a warrant is signed, it’s determined there wasn't enough probable cause for a warrant, it won’t stop a grand jury from making a decision on the case.
“I think there’s enough to justify the arrest, but then again, it doesn’t take much,” Steinke said.
An attorney for Jean’s family called the affidavit self-serving.
"Botham Jean is not here to give his version of what happened because he's dead,”
lawyer Benjamin Crump said at a news conference Monday.
But the affidavit isn’t the only part of Guyger’s case that attorneys for Jean’s family say proves the officer was treated better than other suspects.
Attorneys for Jean’s family have pointed to the facts that it took three days for officials to issue a warrant for Guyger’s arrest and that Guyger was allowed to turn herself in to the Kaufman County jail, rather than being taken into custody in Dallas.
The time in between
Attorneys disagree on whether Guyger should have been arrested the night of the shooting.
Tom Mills, a defense attorney who represented the white McKinney police officer who slammed a black girl to the ground at a 2015 pool party, said it’s reasonable for an investigator to gather more information before making an arrest. That's especially true when an incident involves someone like a police officer who is trained to properly handle a firearm, Mills said.
But he said he didn’t know enough about the circumstances of Guyger's case to decide whether investigators took too long to arrest her.
Most manslaughter cases don’t involve shootings, said Danny Clancy, a defense attorney and former judge. Nine times out of ten, the charge is used after a person has been killed in a crash, he said.
The Dallas Morning News examined jail and police records for the five most recent manslaughter suspects arrested in Dallas County before Guyger’s arrest. All of them faced charges after they were involved in car wrecks that killed someone, affidavits showed.
Larry Jarrett, a defense attorney and former Dallas County prosecutor, said he was surprised Guyger was not arrested immediately. Even if a person calls 911 to report shooting someone, an arrest would be made immediately, he said.
The fact that police had only Guyger's account of the shooting should not have mattered, he said.
Clancy said he also thought that in most situations similar to Guyger's police would have made an arrest right away But he said investigators may not have considered a flight risk and took time to try to clear up a “very confusing scenario.”
The jail
Dallas lawyers commonly encourage their clients to turn themselves in at less-populated jails such as Kaufman County's, Clancy said.
If Guyger had been arrested at the South Side Flats apartment complex right after the shooting, officers would have taken her straight to Lew Sterrett Justice Center near downtown.
Steinke said it’s standard practice for authorities to tell attorneys when warrants have been issued, so clients can turn themselves in right away. That saves officers the trouble of tracking suspects down, he said.
Guyger’s bail was set at $300,000, significantly higher than the amounts for some other manslaughter suspects in Dallas County.
Three of the five most recent manslaughter suspects in Dallas County had bail set at $50,000. One suspect, who faces two manslaughter charges, had his bail set at $25,000 for each charge. Another person was being held on insufficient bond, with no set amount listed, according to jail records.