Prosecutor: Amber Guyger Wasn't Tired Because She 'Sexted' Hours Before Shooting

Prosecutors said Amber Guyger was distracted by a sexual relationship with her partner when she shot Botham Jean.

Dallas, TX – Prosecutors said during the first day of former Dallas Police Officer Amber Guyger's trial that the officer wasn't tired because she sent sexual text messages to another officer.

Defense attorneys have claimed that then-Officer Guyger was exhausted when she got home after 10 p.m. on Sept. 6, 2018 and it was the sleep deprivation that led her to mistake 26-year-old Botham Jean’s 4th floor apartment for her own apartment exactly one floor below.

But prosecutors said Monday that she was alert because she was actively texting with Dallas Police Officer Martin Rivera before she made the fatal mistake, KDFW reported.

“Super horny today too,” Officer Guyger had texted to Rivera earlier in the evening.

“Me too,” Officer Rivera replied.

Later that night, prosecutors said she sent him a sexually suggestive Snapchat with the message “Wanna touch?”

Prosecutors said that cell phone records showed Officer Guyger had been on the phone with Officer Rivera as she drove into the parking garage and parked on the wrong floor, and said they had plans to meet up later that night, NBC News reported.

"In the last 10 minutes of Bo's life, Amber Guyger made a series of unreasonable errors and unreasonable decisions and unreasonable choices," Dallas County Assistant District Attorney Jason Hermus told the jury.

Prosecutors said that Officer Guyger should have noticed the red doormat in front of Jean’s apartment and realized that wasn’t where she lived, KDFW reported.

But defense attorneys said that prosecutors’ assertions were wrong and Officer Guyger was not distracted or planning to meet up with Officer Rivera later that night, NBC News reported.

Attorney Robert Rogers told the jury that Officer Guyger was functioning on autopilot after a long day at work as she parked and walked to her apartment.

"What was going through Amber's mind was that, 'I'm done with my day's work. I'm going home,'" Rogers said.

He told the jury that there are no obvious floor number markings in the parking garage on the way into the apartment building where Officer Guyger had lived for only two months, NBC News reported.

Rogers said a survey of other residents of the building determined that at least 90 percent of them had parked on the wrong floor and gone to the wrong apartment at least once.

He also said that the door plate was installed incorrectly and Jean’s door didn’t always shut completely, which was how Officer Guyger got into his apartment the night she mistakenly shot him, NBC News reported.

Defense attorneys told the jury that there was no criminal intent behind the error Officer Guyger made that night and said it was just a tragic mistake.

“She's trying to process this as she's stepping into her apartment and at the same time, I'm sure Mr. Jean is thinking, ‘What is this person doing? Who is coming into my apartment?’” Rogers told the jury. “So he's confused. He's wondering what's going on. She's thinking what is going on? Why is this man in my apartment and she looks up and he's standing up. He's about 30 feet away from her. And I'm sure he's alarmed.”

“But she's thinking. ‘Oh, my God. There's an intruder in my apartment’ and she's face-to-face with him,” the defense attorney continued. “She's within 10 yards of him and he starts approaching her. And she reacts like any police officer would, who has a gun with confronting a burglary suspect.”

The defense is making a so-called “mistake of fact” defense that will hinge on them convincing the jury that Officer Guyger’s error was reasonable when she believed she was defending herself by shooting an intruder in her own apartment, NBC News reported.

Prosecutors said that Officer Guyger texted Officer Rivera after she shot Jean and told him she needed him, KDFW reported

Hermus put Officer Rivera on the stand the first day of trial and asked him if Officer Guyger should have been texting in those first moments after the shooting.

Officer Guyger’s partner told the jury she should not have been texting.

Prosecutors said that after the shooting, Officer Guyger should have been taking lifesaving measures to save the man she had shot instead of texting her lover, KDFW reported.

Officer Guyger was initially arrested on a manslaughter charge on Sept. 9, three days after she fatally shot Jean in his apartment.

A grand jury later indicted her for murder. A murder conviction could put Guyger behind bars for life, whereas manslaughter would have carried a maximum penalty of 20 years, the Dallas Morning News reported.

After having worked 14 hours serving warrants in high crime areas of the city, the 30-year-old officer parked on the wrong floor of the parking garage adjacent to her apartment building, WCAU reported.

The arrest affidavit said the garage levels correspond with the floors in the apartment complex. Officer Guyger lives on the 3rd Floor of the Southside Flats apartment complex, and should have parked on the 3rd floor where her apartment was.

But the off-duty officer parked on the 4th floor of the parking garage and proceeded into the building, where she went to the door of the apartment she believed to be her own and used her key.

The door wasn’t fully shut and opened right away.

The sound of the door opening alerted Jean, who was home alone in his apartment watching football.

The affidavit said Jean went to see what was going on at his front door.

Officer Guyger told investigators she saw the silhouette of someone in what she believed to be her own apartment, and drew her firearm, WCAU reported. The affidavit said she believed she was being robbed.

She gave verbal commands that were ignored by Jean, according to the affidavit. Then she fired her weapon in the dark at the person twice, striking him once.

The arrest affidavit said it wasn’t until Officer Guyger was already on the phone with 911, that she reached to turn on the lights and she realized she was not in her own apartment.

She went into the hall and checked the address on the door, and confirmed for the dispatchers that she was in unit 1478, one floor above her own apartment, WCAU reported.

Jean was transported to Baylor Medical Center in Dallas where he later died.

Dallas Police Chief U. Renee Hall announced that Guyger had been fired from the police force on Sept. 24, but not for the shooting.

“An Internal Affairs investigation concluded that on September 9, 2018, Officer Guyger, # 10702, engaged in adverse conduct when she was arrested for Manslaughter,” the chief’s statement read.

That statement appears to refer to some action taken by then-Officer Guyger on the day of her arrest but the Dallas police have not revealed what that action was.

Comments (90)
No. 1-21
flybynight
flybynight

Here come the trolls!!!!

IseeWhereThisIsGoing
IseeWhereThisIsGoing

Speaking from personal experience, I can sext while tired, sext from my bed, and tell my partner or a potential partner that I'm super horny before I left work.

And yes, I have been really tired and still planned to meet up with my girlfriend after she got off of work.

None of this proves that she wasn't exhausted from a long day of work and functioning on autopilot and trying to go home and rest, esp if she had a booty call planned for later on.

Jim H. - Virginia US
Jim H. - Virginia US

Comparison of the two front doors. There are also pictures of Apt 1478 with a red rug outside on the floor...

1378... https://i.dailymail.co.uk/i/newpix/2018/09/12/22/500E749C00000578-0-image-a-11_1536786917335.jpg

1478...

floridacop
floridacop

This case is all kind of messed up. The reports of things she should have noticed and didn't for whatever reasons to the door being open then it not being open, and now this. I would love to be in the courtroom to hear the actual evidence and witness statements. Based on the media this case could go either way

Hi_estComnDenomn
Hi_estComnDenomn

Come on, BLM. It was 90 percent of people. It was 90 people. That's a large difference that many of your dumber readers will run with like it's fact.

flybynight
flybynight

I would think the troll fan club could meet in a phone booth and have room left over.

Larry Nowery
Larry Nowery

Suspect she will be found guilty of manslaughter. the original charge was the appropriate charge!

Marxest
Marxest

So she's a whore and a murderer. She was texting her boyfriend before she murdered Mr Jean and after she committed murder. She probably didn't even want to call an ambulance for her victim. This pale she-devil continues to show no remorse for actions and Dallas PD and the media continues to show no empathy for Mr Jean or any sympathy for his bereaved family. Absolutely disgraceful. Its cases like this that cause many to have no sympathy when police are killed and injured. It's funny how they casually say she "mistakenly shot" Mr Jean (rest in peace Mr. Botham Jean - your life mattered). I've never seen anyone "mistakenly shot". Ismaaiyl Brinsley didn't mistakenly shoot two cops in NYC. Darren Wilson didn't mistakenly shoot Mike Brown. Shooting someone is an intentional act with thought behind it. Murder is murder, and this is clearly murder.

Burgers Allday
Burgers Allday

Need tox test results. If there was no tox test, she should be presumed to have been intoxicated.

Probably manslaughter, but if she was voluntarily impaired (that is, drunk or drugged) then I would go depraved and abandoned heart type murder.

Don't want to see her get the death penalty, even though a lot of people in Texas get that.

Burgers Allday
Burgers Allday

Not sure whether I believe this survey. Where are the 90 other corpses then?

DC-TX
DC-TX

Sad that people can't have a reasonable, objective opinion about this. On one side she is being called a murdering whore who should get the death penalty. On the other side people act like there should be no consequences to shooting an innocent man who was enjoying a bowl of vanilla ice cream in his apartment.

Jim H. - Virginia US
Jim H. - Virginia US

Bodycam footage released. There is a red rug at the door.

"Guyger’s defense said in an opening statement Monday that 46 tenants in the building where Guyger and Jean lived reported going to the wrong apartment because of a confusing floor plan, according to a CBS reporter who tweeted updates about the trial. "

Guyger is pictured running around frantic. All I can understand her say is "I thought it was my apartment."

Footage at the link...

tfort
tfort

Sexting? Really, Sexting.

Bit the partner is married.

TWalters
TWalters

@Hi_estComnDenomn ya being live streamed on all local media outlets.

Shadylady62
Shadylady62

If I arrived at my home and found my front door open, I would have backed off and called 911 for police assistance. For safety sake you would not enter the room alone, not knowing how many intruders were inside. This should have been an immediately wake up call especially for a police officer. i believe this is standard police procedure, so why didn’t she follow it?

Les_gpt
Les_gpt

How can she not recognize her apartment. once the door opened she could see the different decor. She needs the maxim penalty! She took an innocent life. !!!!

Budman2082
Budman2082

There is video tape of her talking on the phone while ascending the stairs. I can see her being preoccupied and going up four flights instead of three flights. The death of this poor man was caused by her lack of attention and then fear. This was an accident pure and simple.

Gretagarbo
Gretagarbo

She’s an idiot. I’d love to know what she had done prior to this shooting as indicated in the article. She sounds like someone who spends too much time texting, sexting and not thinking. She actually texted her lover right after shooting the man? She’s worthless.

pbm4jc
pbm4jc

in any case, it's no murder. there was no premeditated intent to kill. it's a manslaughter.

Jim H. - Virginia US
Jim H. - Virginia US

Video of her describing her entry into the apartment...