Demand The DOJ Charge Amber Guyger and Investigate Dallas PD for the Death of Botham Jean
U.S. Attorney General Merrick Garland, United States Department of Justice
On September 6, 2018, Botham was sitting on his sofa, eating ice cream, and watching television, when Amber Guyger, a white officer with the Dallas Police Department entered his apartment and shot him to death. Guyger was returning home, still in uniform from a 13-1⁄2-hour shift, when she parked on the wrong floor of her apartment building. She entered Botham’s apartment, on a different floor then hers, and immediately assessed Botham, wholly unarmed in his own home, as a “threat”. She fired her gun, striking him repeatedly. She then called 9-1-1 and can be heard pleading with Botham to hold on, as she cried about losing her job.
Guyger was not taken into custody or required to immediately give a statement by police. There was a 72-hour lapse between Botham’s death and Guyger’s interview and arrest by the Texas Rangers on a charge of manslaughter. The Texas Rangers had taken over the investigation from the Dallas Police, which continued to employ Guyger for two weeks following her arrest. Within an hour of her arrest, Officer Guyger was released on bond. Days later, a grand jury indicted her for murder, the charge on which she ultimately was convicted and sentenced to only 10 years imprisonment.
Evidence of the Dallas Police Department’s culture of misconduct was presented at Guyger’s murder trial showing systemic problems within the department. Testimony revealed that Mike Mata, president of the Dallas Police Association, shielded Guyger from arrest by instructing her to not say anything while the camera was recording, and telling officers to turn off mounted vehicle dash cameras so they could speak privately after she had killed Botham. Coordination between Guyger and the police became more evident after officers began leaking favorable information about Guyger to the public. Evidence at trial further showed that Guyger participated in racist text messages with several officers in the police department prior to the shooting. Her partner, Martin Rivera, deleted messages exchanged with Guyger the night she killed Botham.
Dallas has a deep history and pattern of police officers shooting unarmed people of color, but a shallow history of these shootings resulting in criminal convictions. Although Texas police shot and killed 117 people last year alone, Guyger’s conviction was only the third time in the last two years that a Dallas County jury found a police officer guilty of murder. Dallas police have actively engaged in racially based public commentary. In January of this year alone, at least 13 officers were disciplined for offensive comments they made on social media. Some of the remarks made light of police brutality or involved racial stereotypes.
The evidence shows that Guyger willfully deprived Botham of his constitutional rights under the color of the law, thereby warranting federal investigation and prosecution under Section 242 of Title 18. In cases where a victim is killed, the statutory requirement is not that the accused willfully intended to cause death, but that death ensue as a proximate result of the accused's willful violation of the victim's defined civil rights. Guyger, with four years of law enforcement training, including a recent course on de-escalation, willfully shot Botham at close range. When testifying at her criminal hearing, she stated that it was her training that led her to shoot unarmed Botham because she “couldn’t see his hands.” |
Amber Guyger acted under a policy that informed her that she was always on duty and had full access to her police powers even after she had clocked out. She used this as a badge to “enforce” the law even without a reason to believe a crime was being committed or to believe that Botham constituted a threat to her. |
On behalf of Botham’s family, please join in demanding that the Department of Justice bring charges against Amber Guyger and to investigate the Dallas Police Department. Botham was struck down in his prime, his bright future forever taken from him and his family because a police officer had been trained and believed that she could exert her police power and take a life without consequence. This type of training sets the attitude of the entire Dallas Police Department and we are demanding an investigation to end that type of training to save another life and bring Justice to Botham Jean.
Sincerely,
Allisa Charles-Findley
On Behalf of the Family of Botham Jean
Sponsored by
To:
U.S. Attorney General Merrick Garland, United States Department of Justice
From:
[Your Name]
I join the family of Botham Jean in calling on the Department of Justice to charge Amber Guyger in the death of Botham Jean, and investigate the Dallas PD for their actions taken in the aftermath of Botham's killing on September 6, 2018.
Evidence of the Dallas Police Department’s culture of misconduct was presented at Guyger’s murder trial showing systemic problems within the department. Testimony revealed that Mike Mata, president of the Dallas Police Association, shielded Guyger from arrest. Coordination between Guyger and the police became more evident after officers began leaking favorable information about Guyger to the public. Evidence at trial further showed that Guyger participated in racist text messages with several officers in the police department prior to the shooting. Her partner, Martin Rivera, deleted messages exchanged with Guyger the night she killed Botham.
Dallas has a deep history and pattern of police officers shooting unarmed people of color, but a shallow history of these shootings resulting in criminal convictions. Although Texas police shot and killed 117 people last year alone, Guyger’s conviction was only the third time in the last two years that a Dallas County jury found a police officer guilty of murder.
The evidence shows that Guyger willfully deprived Botham of his constitutional rights under the color of the law, thereby warranting federal investigation and prosecution under Section 242 of Title 18. In cases where a victim is killed, the statutory requirement is not that the accused willfully intended to cause death, but that death ensue as a proximate result of the accused's willful violation of the victim's defined civil rights. Guyger, with four years of law enforcement training, including a recent course on de-escalation, willfully shot Botham at close range.
Amber Guyger acted under a policy that informed her that she was always on duty and had full access to her police powers even after she had clocked out. She used this as a badge to “enforce” the law even without a reason to believe a crime was being committed or to believe that Botham constituted a threat to her.
Botham was struck down in his prime, his bright future forever taken from him and his family because a police officer with extensive training believed she could exert her police power and take a life without consequence. This type of training informs the attitude of the entire Dallas Police Department and we demand an investigation to properly evaluate and hopefully end this type of training which will save lives and bring Justice to Botham Jean.