Guyger was convicted of murder last October and is serving a 10-year prison sentence.
Her defense team says there was not enough evidence to convict her of murder. The court must either acquit Guyger of that prosecutor, or acquit her of murder, convict her of criminal negligent murder, and hold a new hearing on the sentence, according to the court’s submission.
Guyger testified that she returned home from work on September 6, 2018 and went to what she thought was her apartment. She was off duty but still in her police uniform. The door of the apartment was locked, she said, and when she entered she found a man inside. She fired her service weapon, and killed him.
She was actually sitting in the apartment directly above herself, which belonged to Botham Jean, a 26-year-old accountant from Saint Lucia. Jean was on the bench, watching TV and eating ice cream when Guyger walked in and shot him, prosecutors said.
In the appeal, her lawyers said that “her false faith ignored the punishment for murder, although she intentionally and knowingly caused Jean’s death, she had the right to act in lethal force in self-defense, because her belief that lethal force immediately necessary. reasonable under the circumstances. “
Guyger’s lawyers have also asked to leave their appeal via oral argument.
Botham Jean’s family issued a statement expressing their disappointment at hearing Guyger’s appeal.
“After acknowledging their crime and asking the family of Botham Jean to ask for mercy– Guyger’s actions in filing this appeal reflect one who is not repentant, but instead hopes to play on family sympathy at the moment that they were the most vulnerable, “said S. Lee Merritt, attorney for the Jean family.
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