DALLAS (CBSDFW.COM) – Dallas Police officer Amber Guyger’s arrest warrant has some North Texas legal experts asking the same question.  “Where is the crime?”

Criminal defense lawyers CBS 11 talked to at the Dallas County Courthouse describe the Texas Rangers warrant as “weak on motive or intent.”

They believe it will be difficult for the Dallas County DA’s office to prove a crime.

The probable cause affidavit released Tuesday afternoon offers a detailed account of what happened inside Botham Jean’s apartment last Thursday night.

Officer Amber Guyger told investigators how she walked into an apartment she mistook for hers and shot the 26-year-old man thinking he was a burglar.

web guyger botham Multiple Criminal Defense Lawyers See No Crime In Off Duty Officer Shooting

Dallas police officer Amber Guyger stands charged with manslaughter in the fatal shooting of Botham Shem Jean who she mistakenly thought was in her apartment but it was his.

CBS 11 asked several prominent criminal defense lawyers what they thought about the warrant.

All of them said they were surprised they didn’t see words like “reckless” or “intentional” which they say would normally be found on similar documents in manslaughter and murder cases.

“It’s an interesting read,” said criminal defense attorney George Milner. “It doesn’t read anything beyond negligence of that they simply do not specify how she is reckless which is the required mental state for manslaughter. It reads much more like an accidental killing. I mean if someone were to drop a gun accidentally and it fired and it hit somebody.”

Milner and others say it doesn’t necessarily mean the DA’s office doesn’t have a good case because the investigation is still ongoing.

But he says it’s clearly a sign the Texas Rangers were careful not to implicate Officer Guyger.

“If it was a reasonable mistake of fact, that’s an affirmable defense that is going to weigh into this thing very heavily,” said Robert Hinton, another criminal defense attorney.

“In my honest opinion, I think if I represented her, she’d walk,” said Milner.

Meantime, activists and leaders in the Dallas faith community believe Officer Guyger should be punished.

Comments (23)
  1. Cleopatra Jones says:

    1. She ended her shift & returned to the CORRECT police department
    2. She clocked out using the CORRECT time clock
    3. She retrieved her CORRECT belongings from the CORRECT locker
    4. She went to the CORRECT parking lot & retrieved her CORRECT car using the CORRECT set of keys
    5. She then drove .2 miles on the CORRECT side of the street using CORRECT hand & eye coordination & observing all CORRECT traffic laws
    7. She is now CONFUSED & parks on the WRONG garage floor on the WRONG side of the building
    8.She gets out of the CORRECT car & locks the doors with the CORRECT keys & takes her CORRECT personal belongings.
    9. She takes the stairs &/or elevator to the WRONG FLOOR
    10. With her eyes open (The same ones used in the preceeding events & she used all day) She walks to the WRONG apt door
    11. At this door is a RED DOORMAT that she has never seen before & located on the side of the door is where the apt number can be visualized( Sorry I forgot she went blind)
    12. According to different reports she either A. Bangs & yells on the WRONG door because her CORRECT keys won’t open the WRONG door & Mr. Botham answers the door & is shot.
    B. Stated WRONG door was UNLOCKED & she enters the WRONG dark apt and SUDDENLY REGAINS HER SIGHT & sees an unknown male & fires her police issued weapon at suspect striking him in the chest
    13. At this point she turns on the light & realizes she is in the WRONG APT & shot the WRONG PERSON
    14. She regains her vision & calls 911 (It has not been reported that she began CPR on Mr. Bonham)
    15. EMS & police arrive in 4 minutes and per a video taken by a tenant & posted on social media said officer can be seen pacing hallways & talking on phone (family? lawyer?)
    16. EMS is seen providing CPR to Mr. Bonham who is subsequently taken to & pronounced dead at a local Dallas Hospital
    17. Officer sleeps in a comfortable bed & remains free without charges for 3 days because this has been described to the public as ” A VERY SPECIAL CASE” 18. Mr. Bontham is placed on a cold slab in the coroner’s morgue as his family flys thousands of miles from St. Lucia to identify their beloved son & brother’s body
    19. 72 hrs later officer is charged with manslaughter in the death of Mr. Bonham & posts 10% of the $300K bail is back home with her family
    20. Mr. Bonham’s family prepares to bury him on Thursday.

    * Now Let That All Sink In*……………………

    1. SMH.

      Thousands of REAL murders every year and none bother you at all. Yet you think this is somehow murder because you hate whites?

      Her bond is 5-6 times what a lot of murder bonds are. She voluntarily gave blood.

      This was a terrible accident. Not murder.

      1. Shirley Travis Landry says:

        Accident?? That’s what all the inmates say. She killed someone accidentally or other wise. You don’t get to kill people and then say it was an accident and you walk away.

    2. Dan Schermerhorn says:

      As I have almost always walked on water, I can’t understand how she could have ended her shift tired, driven home with thoughts of the days activities going through her head….I mean she only puts her life on the line 40 plus hours a week, there’s absolutely no pressure there and when she walks into “her” apartment she’s greeted by a semi opened door and a dark room and a presence that’s not supposed to be there….and when I noticed the pink tennis shoes in the stall next to me I understood why there were no urinals on the wall of the bathroom I walked into. You want her punished?….I promise you, she’s being punished….for the rest of her life….. every time she turns a door knob she’ll think about that night…… but maybe you ALWAYS walk on water and can’t see it.

      1. Mike Walker says:

        What about Botham’s parents and family don’t they deserve justice for their son? Their son was doing nothing wrong, yet the police searched his apartment and disclosed that he had marijuana, what was the purpose, the only purpose I can see was to smear his name, yet they NEVER searched the murderer’s apartment and gave her special treatment. Too bad Botham did not have a weapon and killed the home invader cop, as he had every right to, yet you make excuses for the cop, she deserves a murder charge and 20 years in prison!!!

      2. Joey Knight says:

        So anyone who works over 40 hours a week and just kill people with no issue, in your world. Are is that just when black people are gunned down .

  2. She parked her car on the fourth floor, thinking it was the third, which is where she expected her apartment to be. So she walked to the location of her apartment, but she was exactly one floor up, directly above hers. The rest is a tragedy, but it rings true.

  3. Dennis Dread says:

    Being a pig means never having to say you’re sorry

  4. Karlon Caldwell says:

    I guess that bright red door mat was hers too. Sounds about white.

  5. To heck with what “Lawyers” think. Everyone potentially sitting in a jury box thinks there is a strong possibility of criminal wrongdoing. How is this even a story?

  6. John Silver III says:

    you took a life .. no excuses what so ever

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