DALLAS, Texas (CBSDFW.COM) – Judge Tammy Kemp has denied a change of venue request from attorney’s for former Dallas police officer Amber Guyger.

(credit: CBSDFW.COM)

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There is no question that Guyger was still in uniform, but off-duty, when she entered Botham Jean’s unit at the South Side Flats Apartments, one that she claims to have thought was her own, and shot twice — hitting the unarmed man once in the torso.

Guyger wasn’t taken into custody until three days after the shooting. Then-Dallas County District Attorney Faith Johnson initially presented a manslaughter case to a grand jury, but jurors upgraded the charge to murder.

Prosecutors contend the shooting wasn’t an accident and charged Guyger with murder because they say she intended to shoot Jean. It isn’t known exactly what type of defense attorneys for Guyger will present.

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Botham Jean

Guyger was fired after an investigation led by the Texas Rangers. She had worked with the Dallas Police Department for four years.

Guyger’s lawyers argued “prejudicial” media coverage and the actions of public officials have made it too difficult to find 12 men and women, along with 4 alternate jurors, who can show no prejudice.

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Guyger’s murder trial is set to begin Sept. 23.