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Thu Sep 13, 2018, 07:48 PM

The Latest: Family's lawyer: Police tried to smear Jean

Source: Associated Press


Updated 6:22 pm CDT, Thursday, September 13, 2018

DALLAS (AP) ó 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

40 replies, 2150 views

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Arrow 40 replies Author Time Post
Reply The Latest: Family's lawyer: Police tried to smear Jean (Original post)
Judi Lynn Sep 13 OP
irisblue Sep 13 #1
Mr.Bill Sep 13 #2
metalbot Sep 13 #3
Sneederbunk Sep 13 #5
safeinOhio Sep 13 #8
Power 2 the People Sep 14 #14
moriah Sep 13 #9
brush Sep 13 #10
atreides1 Sep 14 #22
brush Sep 14 #23
maxrandb Sep 14 #18
exboyfil Sep 14 #26
cannabis_flower Sep 14 #28
uponit7771 Sep 15 #37
JustAnotherGen Sep 14 #36
Bettie Sep 13 #4
Rebl2 Sep 13 #6
Fred Sanders Sep 13 #7
brush Sep 13 #11
Fred Sanders Sep 13 #12
brush Sep 13 #13
maxrandb Sep 14 #19
Midnight Writer Sep 14 #16
brush Sep 14 #24
Fred Sanders Sep 14 #31
brush Sep 14 #35
Power 2 the People Sep 14 #15
truthisfreedom Sep 14 #17
maxrandb Sep 14 #20
uponit7771 Sep 15 #38
McCamy Taylor Sep 14 #21
Nitram Sep 14 #25
Rebl2 Sep 14 #27
ChiTownDenny Sep 14 #30
MaryMagdaline Sep 14 #32
Watchfoxheadexplodes Sep 14 #29
MaryMagdaline Sep 14 #33
MaryMagdaline Sep 14 #34
uponit7771 Sep 15 #39
MaryMagdaline Sep 15 #40

Response to Judi Lynn (Original post)

Thu Sep 13, 2018, 07:51 PM

1. Gee, I wonder why? 🤔🤔🤔🤔

Some cops carry drop guns...

But the Medical Examiner did find bullets in his body.

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Response to irisblue (Reply #1)

Thu Sep 13, 2018, 07:56 PM

2. They don't even have to say he had a gun nowadays.

If he's black, "He was reaching for his waist band" will do.

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Response to Judi Lynn (Original post)

Thu Sep 13, 2018, 08:08 PM

3. That's a LOT of a stretch

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.

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Response to metalbot (Reply #3)

Thu Sep 13, 2018, 08:18 PM

5. Agreed. This episode shows that some commenters privy to few facts are

not careful with those they have.

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Response to metalbot (Reply #3)

Thu Sep 13, 2018, 09:06 PM

8. The family lawyers need to

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.

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Response to safeinOhio (Reply #8)

Fri Sep 14, 2018, 12:27 AM

14. +1000

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Response to metalbot (Reply #3)

Thu Sep 13, 2018, 09:08 PM

9. Unfortunately the affidavit of arrest is rather biased.

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.

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Response to metalbot (Reply #3)

Thu Sep 13, 2018, 09:43 PM

10. You're assuming the cops didn't plant the weed.

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.

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Response to brush (Reply #10)

Fri Sep 14, 2018, 08:55 AM

22. You're assuming that it wasn't Guyger's.

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!!!

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Response to atreides1 (Reply #22)

Fri Sep 14, 2018, 09:15 AM

23. It could have been one of the cops who planted the weed.

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.

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Response to metalbot (Reply #3)

Fri Sep 14, 2018, 07:26 AM

18. It's NOT that they did a search

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.

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Response to maxrandb (Reply #18)

Fri Sep 14, 2018, 09:40 AM

26. Bingo

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.

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Response to maxrandb (Reply #18)

Fri Sep 14, 2018, 10:08 AM

28. Right..add to that

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.

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Response to maxrandb (Reply #18)

Sat Sep 15, 2018, 09:11 PM

37. +1

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Response to metalbot (Reply #3)

Fri Sep 14, 2018, 04:18 PM

36. No

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.

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Response to Judi Lynn (Original post)

Thu Sep 13, 2018, 08:15 PM

4. He's a black man

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.

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Response to Judi Lynn (Original post)

Thu Sep 13, 2018, 08:24 PM

6. Was the marijuana

planted by the police so they could smear him?

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Response to Rebl2 (Reply #6)

Thu Sep 13, 2018, 08:35 PM

7. They found what they found...end of story...conspiracy theories do not help.

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.

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Response to Fred Sanders (Reply #7)

Thu Sep 13, 2018, 09:44 PM

11. They said they found what they found. Cops lie all the time.

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Response to brush (Reply #11)

Thu Sep 13, 2018, 09:50 PM

12. The unfortunate thing about conspiracy theories is they rarely are accepted by courts, without a

little thing called "evidence" versus speculation.

Courts hate speculation.

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Response to Fred Sanders (Reply #12)

Thu Sep 13, 2018, 09:57 PM

13. Just stating a fact. How many times have cops been caught lying...

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.

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Response to Fred Sanders (Reply #7)

Fri Sep 14, 2018, 07:28 AM

19. If it were young unarmed white boys being gunned down at this rate

this country wouldn't have so much "confidence" in the truth.

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Response to Rebl2 (Reply #6)

Fri Sep 14, 2018, 02:21 AM

16. Surely they would have planted something more damning then 10 grams of weed.

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Response to Midnight Writer (Reply #16)

Fri Sep 14, 2018, 09:23 AM

24. So why were all other search results sealed? The weed alleged to be found...

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.

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Response to brush (Reply #24)

Fri Sep 14, 2018, 11:11 AM

31. 10 grams of weed is not going to dirty up anyone enough for anything...and irrelevant to the issue

of the suspects' criminal liability...isn't that correct?

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Response to Fred Sanders (Reply #31)

Fri Sep 14, 2018, 12:12 PM

35. Correct. There was no need to release the weed info but seal everything...

else though.

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Response to Judi Lynn (Original post)

Fri Sep 14, 2018, 12:28 AM

15. I don't believe her story

The neighbors contradict her version and there's definitely more to it.

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Response to Judi Lynn (Original post)

Fri Sep 14, 2018, 02:37 AM

17. Who gives a fuck? SHE SHOT AN UNARMED MAN IN HIS OWN APARTMENT

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Response to truthisfreedom (Reply #17)

Fri Sep 14, 2018, 07:31 AM

20. It matters a "fuck"

because it's already all over the Reich-Wing websites as evidence he was a "bad dude".

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Response to maxrandb (Reply #20)

Sat Sep 15, 2018, 09:13 PM

38. They're going to use Anything as an excuse

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Response to Judi Lynn (Original post)

Fri Sep 14, 2018, 08:27 AM

21. Everyone knows it was murder. However, a certain segment of the population

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.

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Response to Judi Lynn (Original post)

Fri Sep 14, 2018, 09:34 AM

25. If Obama was in office, the FBI would be involved by now.

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Response to Judi Lynn (Original post)

Fri Sep 14, 2018, 09:45 AM

27. How do you

walk into the wrong apartment and not realize it. I would recognize this isnít my furniture, etc even if that light was dim or it was dark.

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Response to Rebl2 (Reply #27)

Fri Sep 14, 2018, 10:53 AM

30. I lived in high rises for 25 years.

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.

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Response to ChiTownDenny (Reply #30)

Fri Sep 14, 2018, 11:13 AM

32. Exactly

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Response to Judi Lynn (Original post)

Fri Sep 14, 2018, 10:36 AM

29. This is going to boil down to if

They knew each other personally.

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Response to Judi Lynn (Original post)

Fri Sep 14, 2018, 11:19 AM

33. I have absolute total sympathy for any dingbat who goes to the wrong apartment

The stupid stuff I have done while totally 100% drug and alcohol free is astounding.

but Ö 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.

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Response to Judi Lynn (Original post)

Fri Sep 14, 2018, 11:22 AM

34. Do we even need to think what would have happened if Mr. Jean went to the wrong apartment

and ended up killing a white woman out of fear for his life?

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Response to MaryMagdaline (Reply #34)

Sat Sep 15, 2018, 09:15 PM

39. +1, then say she didn't follow his orders, their would be a MAGA Minion riot daily

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Response to uponit7771 (Reply #39)

Sat Sep 15, 2018, 10:14 PM

40. Definitely

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