Guyger killed Jean, 26, on September 6, 2018, when she returned to her apartment house after a quite 13-hour shift. instead of entering her own apartment, she entered Jean's, which was directly above hers. Upon entering, she found Jean sitting on the couch eating frozen dessert , thought he was an intruder, and shot him within the heart. She was found guilty of Jean's murder last October because her mistake was "not reasonable," and sentenced to 10 years in prison.
But Guyger's attorneys argue in an appeal that the evidence originally submitted within the case "was legally insufficient to prove beyond reasonable doubt that Guyger committed murder." They said she was confused about her location because the third and fourth floors, where her and Jean's apartments were located, look identical.
"Her mistaken belief negated the culpability for murder because although she intentionally and knowingly caused Jean's death, she had the proper to act in deadly force in self-defense since her belief that deadly force was immediately necessary was reasonable under the circumstances," the appeal reads.
Although she also had a taser and aerosol on her person along side the gun that was wont to kill Jean, Guyger's attorneys argue that officers are trained to not use these weapons "when faced with a deadly situation."
"Despite the tragic consequences, considering all the evidence — whether admissible or inadmissible ... Guyger acted reasonably," the appeal says, saying that she "simply missed" the clues that she was entering the incorrect apartment, like the red doormat outside of Jean's apartment and therefore the key lock to enter the apartment blinking red because she tried to enter with the incorrect key fob.
During the murder trial, prosecutors said Guyger should have done more to assist Jean after shooting him, but that she was more concerned about what would happen to herself. When she called 911, she repeatedly told the operator she was getting to lose her job.
Guyger's lawyers argued that Jean's death happened due to the "malfunction" on his door and therefore the "absurd design" and "incompetent management" of the apartment house .
Attorneys interviewed 297 out of 349 residents within the building, the appeal says, and 71 of them who lived on Guyger's and Jean's floors allegedly said that they had walked to the incorrect apartment on the incorrect floor.
Criminally negligent homicide as a third-degree felony, the appeal says, usually features a maximum jail time of 10 years. Under the charge, Guyger would be eligible for probation from the jury. n was an intruder in her own apartment and thus "had the proper to act in deadly force."
NEWS Source: CBS buton
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