The Latest: Family's lawyer: Police tried to smear Jean
Source: Associated Press
Updated 6:22 pm CDT, Thursday, September 13, 2018
DALLAS (AP) The Latest on a deadly shooting in Dallas involving an off-duty police officer (all times local):
6:20 p.m.
An attorney for the family of a man shot dead by a police officer in the man's own apartment says a police affidavit shows investigators immediately sought evidence to discredit the victim.
Lee Merritt represents the family of Botham Jean, who was shot dead in his own Dallas apartment on Sept. 6. Officer Amber Guyger, who shot him, said she mistook his apartment for her own and thought he was an intruder.
A police affidavit shows that officers seized, among other items, 10.4 grams of marijuana and a marijuana grinder from Jean's apartment. Merritt said that showed investigators were immediately looking for drug paraphernalia. In his words, "They immediately began looking to smear him."
Read more: https://www.chron.com/news/texas/article/The-Latest-Funeral-begins-for-man-killed-by-13227063.php
irisblue
(32,982 posts)Some cops carry drop guns...
But the Medical Examiner did find bullets in his body.
Mr.Bill
(24,303 posts)If he's black, "He was reaching for his waist band" will do.
metalbot
(1,058 posts)There was a shooting in the apartment. When there's a homicide, police are going to search the crime scene. When they find drugs on the crime scene, seizing and logging those drugs into evidence isn't "trying to smear the victim", it's called "actually following the law". This is also rather beside the point, because the officer who killed Jean is going to prison for a long time, and pointing out that "the guy who's apartment the officer mistakenly entered and then killed also smoked pot" isn't exactly smearing the guy.
I'd be curious if the family's attorney felt that either police should (A) not search the crime scene or (B) should destroy and not log things seized at the crime scene.
Sneederbunk
(14,291 posts)not careful with those they have.
safeinOhio
(32,690 posts)ask for a hair sample from the cop. Never trust LEOs to investigate another LEO. Drug history of her drug use.
One thing I learned being married to a cop was about a term they use called profession curtesy. From not writing a traffic ticket to lying on a report. Not all cops, just most of them have used it.
Power 2 the People
(2,437 posts)moriah
(8,311 posts)Not "Guyger claimed that the door opened with her key. She presumes it must not have been fully latched."
Instead, they suggest it *wasn't* latched, as fact rather than her statement. Hopefully they based this on some other evidence than her statement -- if these are some kind of electronic locks, perhaps the apartment complex tracked door openings.
But they don't state that's where they got that "fact of the case".
Absolutely a full investigation, even of her perhaps allegedly complaining about sex in the bedroom directly above her, is required. But if Botham had a girlfriend as well as marijuana, surely he could have issued a temporary access code like those locks allegedly allow vs leaving his door unlatched. (Along with seizing paraphernalia for personal use, and less than a half-oz of mj, they seized his electronic devices to explore this theory.)
And unfortunately, because a few bad apples and a lackadaisical response to the obviously unstable police officers when they break the law off-duty, it is crucial that off-duty police officers are NOT perceived to receive special treatment. Or to take the officers word for absolute truth.
Since the released affidavit clearly seems biased against Botham Jean and for Officer Guyger, regardless of the actual facts, suspicions and potentially outlandish theories will multiply -- because the phrasing of the affidavit is not neutral like in other affidavits issued for civilian suspects. Because they didn't arrest her immediately upon stopping OIS protocol. Because witnesses apparently were interviewed by the media before being interviewed by police.
It may not be truly fair to hold off-duty officers to a higher standard in criminal cases due to their perceived training and understanding of the law. But transparency IS fair. And it's the only way police officers as a group will regain credibility among those who distrust all because of the actions of a few.
brush
(53,792 posts)I don't automatically believe cops, especially when one of their's just killed an unarmed black guy.
They always try to dirty up the victim.
atreides1
(16,079 posts)I believe that every item they found belonged to Guyger, from the police equipment to the marijuana grinder!
It's my theory that the officer stopped and lit up before going home, that's why she parked on the wrong floor...then went to the wrong apartment...after her key didn't work she pounded on the door demanding entry, the victim answered the door and she shot him, still thinking it was her apartment...even though the hallways are well lit, the apartment numbers stand out, and the obvious red mat in front of his door!
She was on duty for 15 hours, took a toke to relax before going home, and the effects of fatigue and a joint just escalated things!!!
brush
(53,792 posts)Some cops lie so much so I don't just assume it was the victim's pot and grinder. They could be trying to dirty up his reputation to help get the killer cop off.
You raise some good points. We'll see what comes out. I think she was probably drunk instead of high on pot though. Grass doesn't really disorient you like that to mistake your own parking floor and own apartment door.
maxrandb
(15,334 posts)They are supposed to do that. What people are fucking pissed about is that there were several search warrants under seal, but "coincidentally", the one that describes "finding a small amount of marijuana" IS THE ONLY ONE THAT GOT LEAKED TO THE PRESS
That, and the fact that the police report that was released reads like the officer that was interrogating the shooter was her defense attorney.
Folks have seen this rodeo before, and I don't blame them for being irate.
The findings of the search should only have been released to the defense attorney at the appropriate legal point. Never leaked to the press.
Like you said the warrant reads like a defense brief. The fact that the media is not all over that fact demonstrates what is going on. The Texas Rangers should have to defend themselves - maybe they will at the civil trial, but the press is not doing its job.
cannabis_flower
(3,764 posts)Dallas county, along with Harris county and probably a few others doesn't prosecute marijuana cases under an ounce. Ten grams is less than a quarter ounce.
JustAnotherGen
(31,828 posts)It's called being a murder victim while black.
Understand - and for you it's probably different - but they always paint the black murder victim as evil and deserving. ALWAYS. They did it to my cousin in 1991 and they are doing it to this man now.
Any excuse - any excuse to laugh at black people getting killed. As heaven05 says- AmeriKKKa. It's true. It's one big bunch of evil people.
Bettie
(16,110 posts)of course he has to be at fault...blame the victim if a cop shot him, clearly whatever he did (like being in his own apartment) is an offense that requires immediate execution by cop.
Victim blaming. Again. Wish I were surprised.
Rebl2
(13,523 posts)planted by the police so they could smear him?
Fred Sanders
(23,946 posts)Frankly I have some confidence the truth will have out and the officer charged with at least negligent homicide...investigations do not take place at the speed of social media.
brush
(53,792 posts)Fred Sanders
(23,946 posts)little thing called "evidence" versus speculation.
Courts hate speculation.
brush
(53,792 posts)in cell phone videos recently?
I'm sure you've seen them just as I have.
Hopefully this alleged weed smear job isn't enough to get a killer cop off.
maxrandb
(15,334 posts)this country wouldn't have so much "confidence" in the truth.
Midnight Writer
(21,769 posts)brush
(53,792 posts)in his apartment though, that got leaked.
Standard procedure: do what can be done to dirty up the dead, unarmed black guy to help get the killer cop off.
We've all seen this scenario played out many times before. It won't work this time though. She pulled a home invasion and killed the person living there. This killer cop had to be plastered out of her mind to mistake his apartment for hers.
Fred Sanders
(23,946 posts)of the suspects' criminal liability...isn't that correct?
brush
(53,792 posts)else though.
Power 2 the People
(2,437 posts)The neighbors contradict her version and there's definitely more to it.
truthisfreedom
(23,148 posts)maxrandb
(15,334 posts)because it's already all over the Reich-Wing websites as evidence he was a "bad dude".
uponit7771
(90,347 posts)McCamy Taylor
(19,240 posts)believes that they must show loyalty to a white police officer. Kind of like team spirit. They want her to "get away with it." They think it will be a victory for "their side."
The really scary thing is that if she had shot a white man with whom she was linked, the press and probably her fellow officers would be all over her, because (white) women who kill (white) men are vilified. She would be called a "black widow".
Our country is in need of some serious soul searching.
Nitram
(22,822 posts)Rebl2
(13,523 posts)walk into the wrong apartment and not realize it. I would recognize this isnt my furniture, etc even if that light was dim or it was dark.
ChiTownDenny
(747 posts)ONCE I got off on the wrong floor and tried to enter the wrong unit. When my key didn't work I looked at the unit number on the door and realized I got off on the wrong floor. No one died.
MaryMagdaline
(6,855 posts)Watchfoxheadexplodes
(3,496 posts)They knew each other personally.
MaryMagdaline
(6,855 posts)The stupid stuff I have done while totally 100% drug and alcohol free is astounding.
but
being a dingbat/no sense of direction/excessively forgetful and non-attentive person, I tend to (1) NOT KEEP A GUN ON ME; (2) Not EVER apply to the police academy; (3) NEVER ASSUME that I am right and my neighbor is wrong; (4) NEVER give my fellow citizens orders (cuz there is a strong likelihood I've got it wrong); and (5) NEVER, EVER, EVER hit or shoot someone.
She is an aggressive, arrogant killer. The look on her face in the mugshot makes me think she has seen her inner self as she really is.
MaryMagdaline
(6,855 posts)and ended up killing a white woman out of fear for his life?