Lawyer for Dallas man fatally shot in home by police slams attempt to 'smear' victim

[NewsVine_Mariyam]

I asked the question whether or not Officer Guyger was placed under surveillance or monitored in any way during the 3 days after she killed Jean and before they took her into custody and charged her with manslaughter. Because this article indicates that Guyger's residence was not subjected to a search I'm at a loss at how the deceased victim in this incident warrants a search. I can't imagine what they could possibly find that would mitigate the damage inflicted, liability incurred or justify the actions of this officer. Looks like Ascelpias was correct to be concerned.

An attorney for Botham Jean's family said the search for contraband indicates authorities are trying to sully the victim's reputation.

by Dennis Romero / Sep.14.2018 / 3:56 AM ET

An attorney for the family of a man shot at his home by an off-duty Dallas police officer said he believes authorities are trying to damage the victim's reputation by searching his home for drugs and other illegal items.

Investigators said in a search warrant of the apartment of Botham Jean, 26, that they were looking for “any contraband, such as narcotics, and other items that may have been used in criminal offenses.” Investigators later said in a court document that they found 10.4 grams of marijuana during Saturday's search.

Civil rights attorney Lee Merritt said Thursday the search shows that police want to besmirch Jean, who worked in risk assurance at PricewaterhouseCoopers and was a graduate of a private Christian university.
“The warrant seems to only be designed for one particular purpose,” Merritt said, “and that is to smear the victim.”
​

 

[Montrovant]

I wonder if this could actually have been an attempt at a warrantless search by the officer?

I don't care if Jean was a crack dealer, it doesn't justify the officer shooting him if she entered his apartment mistakenly. I also don't care for the story change highlighted in the article: that the officer supposedly opened the "slightly ajar" door in the arrest warrant, but the search affidavit claims she was attempting to open the door with keys.

If Jean's attorney can bring forth witnesses saying that the officer pounded on the door, as claimed in the article, this might be upgraded to a murder charge.

 

[caddo kid]

when law enforcement MURDER citizens, in this case they MURDERED an UNARMED citizen, law enforcement ALWAYS attempts to smear the deceased.

NEVER trust a LEO; NEVER.

 

[Montrovant]

when law enforcement MURDER citizens, in this case they MURDERED an UNARMED citizen, law enforcement ALWAYS attempts to smear the deceased.

NEVER trust a LEO; NEVER.

NEVER!

Such hyperbole.

 

[caddo kid]

when law enforcement MURDER citizens, in this case they MURDERED an UNARMED citizen, law enforcement ALWAYS attempts to smear the deceased.

NEVER trust a LEO; NEVER.

NEVER!

Such hyperbole.

I have my reasons to hold contempt for LE. I stand behind my statement. There is NO hyperbole in that statement whatsoever.

 

[NewsVine_Mariyam]

I wonder if this could actually have been an attempt at a warrantless search by the officer?

I don't care if Jean was a crack dealer, it doesn't justify the officer shooting him if she entered his apartment mistakenly. I also don't care for the story change highlighted in the article: that the officer supposedly opened the "slightly ajar" door in the arrest warrant, but the search affidavit claims she was attempting to open the door with keys.

If Jean's attorney can bring forth witnesses saying that the officer pounded on the door, as claimed in the article, this might be upgraded to a murder charge.

I agree with you on the discrepencies in the search affidavit and the police reports.

From the moment I first saw this story it has gotten underneath my skin and stuck with me. When I first saw the news heading my immediate thought was "another no-knock warrant gone wrong" so I was completely bowled over when I read that Guyger allegedly mistook his apartment for hers.

On the other hand, I initially believed her because I have done the exact same thing, sans the shooting of course. I lived in a building where all of the apartments opened into an enclosed hallway just like in a hotel, all of the doors looking pretty much identical. I apparently was not paying attention, got off on the wrong floor, walked up to what I thought was my apartment, inserted the key and didn't look around at my surroundings until the door wouldn't open. That's when I noticed that things didn't look right (because I was on the wrong floor) and that the number on the door was off by one. My immediate reaction was embarassment and trying to get away from the door (and peephole) as quickly as possible before anyone saw me.

This warrant though, changes my perspective because I simply can not imagine why being accidentally shot and killed while in your own home by someone who is an agent of the government and was allegedly in the wrong place (she made a mistake and screwed up) creates grounds for your home to be subjected to a search and any of the contents thereof seized.

So yeah now I'm expecting that they're going to try to turn this into her doing some "unofficial" police work or having observed or smelled something that would have justified her behaving as she did under some plain sight something or other. I'll be the first to admit I do not know the inner workings of law enforcement investigations but if anyone's home should have been searched, why wasn't it hers? She had three days in which to destroy or dump anything that may have been in her possession that may not have been lawful AND if she lived directly underneath Jean, depending on what kind of hours he kept or his noctural activities, maybe some of his activities she considered disturbing or annoying or too amorous.

I just find this all to be even more distressing on top of the loss of this young man's life. Whether he smoked pot or not, the penalty for doing so if most certainly not summary execution. And who's to say that it wasn't planted there? Nothing that has been reported indicates that he was a drug abuser.

 

[Montrovant]

I wonder if this could actually have been an attempt at a warrantless search by the officer?

I don't care if Jean was a crack dealer, it doesn't justify the officer shooting him if she entered his apartment mistakenly. I also don't care for the story change highlighted in the article: that the officer supposedly opened the "slightly ajar" door in the arrest warrant, but the search affidavit claims she was attempting to open the door with keys.

If Jean's attorney can bring forth witnesses saying that the officer pounded on the door, as claimed in the article, this might be upgraded to a murder charge.

I agree with you on the discrepencies in the search affidavit and the police reports.

From the moment I first saw this story it has gotten underneath my skin and stuck with me. When I first saw the news heading my immediate thought was "another no-knock warrant gone wrong" so I was completely bowled over when I read that Guyger allegedly mistook his apartment for hers.

On the other hand, I initially believed her because I have done the exact same thing, sans the shooting of course. I lived in a building where all of the apartments opened into an enclosed hallway just like in a hotel, all of the doors looking pretty much identical. I apparently was not paying attention, got off on the wrong floor, walked up to what I thought was my apartment, inserted the key and didn't look around at my surroundings until the door wouldn't open. That's when I noticed that things didn't look right (because I was on the wrong floor) and that the number on the door was off by one. My immediate reaction was embarassment and trying to get away from the door (and peephole) as quickly as possible before anyone saw me.

This warrant though, changes my perspective because I simply can not imagine why being accidentally shot and killed while in your own home by someone who is an agent of the government and was allegedly in the wrong place (she made a mistake and screwed up) creates grounds for your home to be subjected to a search and any of the contents thereof seized.

So yeah now I'm expecting that they're going to try to turn this into her doing some "unofficial" police work or having observed or smelled something that would have justified her behaving as she did under some plain sight something or other. I'll be the first to admit I do not know the inner workings of law enforcement investigations but if anyone's home should have been searched, why wasn't it hers? She had three days in which to destroy or dump anything that may have been in her possession that may not have been lawful AND if she lived directly underneath Jean, depending on what kind of hours he kept or his noctural activities, maybe some of his activities she considered disturbing or annoying or too amorous.

I just find this all to be even more distressing on top of the loss of this young man's life. Whether he smoked pot or not, the penalty for doing so if most certainly not summary execution. And who's to say that it wasn't planted there? Nothing that has been reported indicates that he was a drug abuser.

My reaction to this story when it was first reported was that it sounded like a horrible, but not suspicious, mistake. The alleged details in the article you linked definitely have me wondering what more there is to the story.

 

[Montrovant]

when law enforcement MURDER citizens, in this case they MURDERED an UNARMED citizen, law enforcement ALWAYS attempts to smear the deceased.

NEVER trust a LEO; NEVER.

NEVER!

Such hyperbole.

I have my reasons to hold contempt for LE. I stand behind my statement. There is NO hyperbole in that statement whatsoever.

I'm sure you've had some bad experiences with law enforcement. I question whether it justifies the idea that one should never trust any law enforcement officer.

 

[caddo kid]

when law enforcement MURDER citizens, in this case they MURDERED an UNARMED citizen, law enforcement ALWAYS attempts to smear the deceased.

NEVER trust a LEO; NEVER.

NEVER!

Such hyperbole.

I have my reasons to hold contempt for LE. I stand behind my statement. There is NO hyperbole in that statement whatsoever.

I'm sure you've had some bad experiences with law enforcement. I question whether it justifies the idea that one should never trust any law enforcement officer.

FYI, I have NO arrest, no charges, no convictions, CLEAN record; BUT I do NOT trust LE.

Why could that be?

Not my bad; must B law a law enforcement issue & how THEY have fucked their own rep.

 

[HereWeGoAgain]

when law enforcement MURDER citizens, in this case they MURDERED an UNARMED citizen, law enforcement ALWAYS attempts to smear the deceased.

NEVER trust a LEO; NEVER.

NEVER!

Such hyperbole.

I have my reasons to hold contempt for LE. I stand behind my statement. There is NO hyperbole in that statement whatsoever.

Do tell.....

 

[HereWeGoAgain]

I wonder if this could actually have been an attempt at a warrantless search by the officer?

I don't care if Jean was a crack dealer, it doesn't justify the officer shooting him if she entered his apartment mistakenly. I also don't care for the story change highlighted in the article: that the officer supposedly opened the "slightly ajar" door in the arrest warrant, but the search affidavit claims she was attempting to open the door with keys.

If Jean's attorney can bring forth witnesses saying that the officer pounded on the door, as claimed in the article, this might be upgraded to a murder charge.

I agree with you on the discrepencies in the search affidavit and the police reports.

From the moment I first saw this story it has gotten underneath my skin and stuck with me. When I first saw the news heading my immediate thought was "another no-knock warrant gone wrong" so I was completely bowled over when I read that Guyger allegedly mistook his apartment for hers.

On the other hand, I initially believed her because I have done the exact same thing, sans the shooting of course. I lived in a building where all of the apartments opened into an enclosed hallway just like in a hotel, all of the doors looking pretty much identical. I apparently was not paying attention, got off on the wrong floor, walked up to what I thought was my apartment, inserted the key and didn't look around at my surroundings until the door wouldn't open. That's when I noticed that things didn't look right (because I was on the wrong floor) and that the number on the door was off by one. My immediate reaction was embarassment and trying to get away from the door (and peephole) as quickly as possible before anyone saw me.

This warrant though, changes my perspective because I simply can not imagine why being accidentally shot and killed while in your own home by someone who is an agent of the government and was allegedly in the wrong place (she made a mistake and screwed up) creates grounds for your home to be subjected to a search and any of the contents thereof seized.

So yeah now I'm expecting that they're going to try to turn this into her doing some "unofficial" police work or having observed or smelled something that would have justified her behaving as she did under some plain sight something or other. I'll be the first to admit I do not know the inner workings of law enforcement investigations but if anyone's home should have been searched, why wasn't it hers? She had three days in which to destroy or dump anything that may have been in her possession that may not have been lawful AND if she lived directly underneath Jean, depending on what kind of hours he kept or his noctural activities, maybe some of his activities she considered disturbing or annoying or too amorous.

I just find this all to be even more distressing on top of the loss of this young man's life. Whether he smoked pot or not, the penalty for doing so if most certainly not summary execution. And who's to say that it wasn't planted there? Nothing that has been reported indicates that he was a drug abuser.

I climbed into a car and passed out in what I thought was my buddies outside a bar in my youth after being kicked out so I could see it happening.
Imagine the surprise of the owner when she found me....we all had a good laugh and I called a cab.

 

[caddo kid]

when law enforcement MURDER citizens, in this case they MURDERED an UNARMED citizen, law enforcement ALWAYS attempts to smear the deceased.

NEVER trust a LEO; NEVER.

NEVER!

Such hyperbole.

I have my reasons to hold contempt for LE. I stand behind my statement. There is NO hyperbole in that statement whatsoever.

Do tell.....

LE demonstrates daily they are worthy of contempt; why haven't you been paying attention?

 

[HereWeGoAgain]

when law enforcement MURDER citizens, in this case they MURDERED an UNARMED citizen, law enforcement ALWAYS attempts to smear the deceased.

NEVER trust a LEO; NEVER.

NEVER!

Such hyperbole.

I have my reasons to hold contempt for LE. I stand behind my statement. There is NO hyperbole in that statement whatsoever.

Do tell.....

LE demonstrates daily they are worthy of contempt; why haven't you been paying attention?

That doesn't explain your so called reason to hate cops.

 

[caddo kid]

when law enforcement MURDER citizens, in this case they MURDERED an UNARMED citizen, law enforcement ALWAYS attempts to smear the deceased.

NEVER trust a LEO; NEVER.

NEVER!

Such hyperbole.

I have my reasons to hold contempt for LE. I stand behind my statement. There is NO hyperbole in that statement whatsoever.

Do tell.....

LE demonstrates daily they are worthy of contempt; why haven't you been paying attention?

That doesn't explain your so called reason to hate cops.

OK; I get it. You are too stupid to differentiate between "contempt" & 'hate'

Maybe one day you will learn but then prolly not.

 

[HereWeGoAgain]

NEVER!

Such hyperbole.

I have my reasons to hold contempt for LE. I stand behind my statement. There is NO hyperbole in that statement whatsoever.

Do tell.....

LE demonstrates daily they are worthy of contempt; why haven't you been paying attention?

That doesn't explain your so called reason to hate cops.

OK; I get it. You are too stupid to differentiate between "contempt" & 'hate'

Maybe one day you will learn but then prolly not.

Considering you used the fake word prolly I doubt you'll ever learn anything.....enjoy your beatings.

 

[caddo kid]

I have my reasons to hold contempt for LE. I stand behind my statement. There is NO hyperbole in that statement whatsoever.

Do tell.....

LE demonstrates daily they are worthy of contempt; why haven't you been paying attention?

That doesn't explain your so called reason to hate cops.

OK; I get it. You are too stupid to differentiate between "contempt" & 'hate'

Maybe one day you will learn but then prolly not.

Considering you used the fake word prolly I doubt you'll ever learn anything.....enjoy your beatings.

the only 'beatings' you likely ever experienced were when you had your hands all in your crotch

 

[Dale Smith]

I asked the question whether or not Officer Guyger was placed under surveillance or monitored in any way during the 3 days after she killed Jean and before they took her into custody and charged her with manslaughter. Because this article indicates that Guyger's residence was not subjected to a search I'm at a loss at how the deceased victim in this incident warrants a search. I can't imagine what they could possibly find that would mitigate the damage inflicted, liability incurred or justify the actions of this officer. Looks like Ascelpias was correct to be concerned.

An attorney for Botham Jean's family said the search for contraband indicates authorities are trying to sully the victim's reputation.

by Dennis Romero / Sep.14.2018 / 3:56 AM ET

An attorney for the family of a man shot at his home by an off-duty Dallas police officer said he believes authorities are trying to damage the victim's reputation by searching his home for drugs and other illegal items.

Investigators said in a search warrant of the apartment of Botham Jean, 26, that they were looking for “any contraband, such as narcotics, and other items that may have been used in criminal offenses.” Investigators later said in a court document that they found 10.4 grams of marijuana during Saturday's search.

Civil rights attorney Lee Merritt said Thursday the search shows that police want to besmirch Jean, who worked in risk assurance at PricewaterhouseCoopers and was a graduate of a private Christian university.
“The warrant seems to only be designed for one particular purpose,” Merritt said, “and that is to smear the victim.”
​

It is truly a disgusting turn of events and the DPD seems to be engaged in a CYA operation. She went into the wrong apartment and killed someone. At worst it is Murder One, at the very least it is negligible manslaughter and SHE needs to take responsibility for it. Was she given a blood test to see if she had been over the legal limit concerning booze? I kinda doubt it.....

 

[HereWeGoAgain]

Do tell.....

LE demonstrates daily they are worthy of contempt; why haven't you been paying attention?

That doesn't explain your so called reason to hate cops.

OK; I get it. You are too stupid to differentiate between "contempt" & 'hate'

Maybe one day you will learn but then prolly not.

Considering you used the fake word prolly I doubt you'll ever learn anything.....enjoy your beatings.

the only 'beatings' you likely ever experienced were when you had your hands all in your crotch

Well fuck yeah I spanked the monkey as a kid,for the last 29 years I have a wife that takes care of that.
I want to hear you deny you didnt spank the monkey.

 

[NewsVine_Mariyam]

It is truly a disgusting turn of events and the DPD seems to be engaged in a CYA operation. She went into the wrong apartment and killed someone. At worst it is Murder One, at the very least it is negligible manslaughter and SHE needs to take responsibility for it. Was she given a blood test to see if she had been over the legal limit concerning booze? I kinda doubt it.....

The news conference that I saw was held the day following the shooting which was Friday around noon. The shooting occurred around 10:00 p.m. on Thursday, the previous evening. They never specified though whether they immediately took the blood draw at the scene or if they waited until they issued the manslaughter warrant which the Texas Rangers ultimately asked that they hold off on executing. If the latter, then that would have been roughly 10 hours after the fact, but like I said, I just kept seeing them mention that it was done in passing but never when specifically it was done.

 

[Montrovant]

when law enforcement MURDER citizens, in this case they MURDERED an UNARMED citizen, law enforcement ALWAYS attempts to smear the deceased.

NEVER trust a LEO; NEVER.

NEVER!

Such hyperbole.

I have my reasons to hold contempt for LE. I stand behind my statement. There is NO hyperbole in that statement whatsoever.

I'm sure you've had some bad experiences with law enforcement. I question whether it justifies the idea that one should never trust any law enforcement officer.

FYI, I have NO arrest, no charges, no convictions, CLEAN record; BUT I do NOT trust LE.

Why could that be?

Not my bad; must B law a law enforcement issue & how THEY have fucked their own rep.

I didn't say you have been arrested, only that you seem to have likely had bad experiences with law enforcement.

You can not trust law enforcement. You haven't given any good reason that no one should, however.