DALLAS (CBSDFW.COM) – Just as Derek Chauvin adjusts to jail, another former police officer already in prison is seeking to get her murder conviction overturned.
Amber Guyger, a year and a half into her 10-year sentence for killing Botham Jean in September 2018, will have her appeal heard by a panel of judges on Tuesday, April 27.
The last time Amber Guyger was seen in public, she was leaving the Dallas County courthouse for prison after embracing the Jean’s younger brother, Brandt.
The former Dallas Police officer was sentenced to 10 years in prison after a jury found her guilty of shooting and killing Botham Jean who lived in an apartment directly above hers.
Guyger argued she mistakenly got off on the wrong floor and walked into Jean’s apartment thinking he was an intruder.
Attorney Toby Shook is not involved in the appeal, but represented the former officer during her criminal trial.
He says the appeal will be based on an argument that because Guyger made a mistake of fact when she killed Jean, her conviction should not have been for murder but the lesser offense of criminally negligent homicide
“Statistics show that felonies are not often reversed for trials,” said Shook. “They are low. They do happen, but it just depends on the actual issues so it’s kind of hard to predict, but most cases are affirmed.”
The appeal will be heard by a three- judge panel which will listen to arguments and render a decision at a later date.