Affidavit: Apartment Of Man Killed By Off-Duty Cop Was Unlocked
DALLAS (CBSDFW.COM) - Dallas police officer Amber Guyger, now charged with manslaughter in the death of a man in his own apartment, walked through an unlocked door she mistook for her own.
According to the arrest affidavit CBS11 obtained Monday afternoon, Guyger said it was nearly completely dark inside the apartment when she entered it Thursday night and she thought she was encountering a burglar in her home.
Off-duty, but still in uniform, Guyger told investigators that she yelled at Botham Shem Jean to "show his hands" then drew her firearm and shot him, the source said.
The affidavit says Guyger was on the phone with 911 reporting the shooting when she turned on the apartment lights and discovered she was in the wrong apartment.
It says Jean's apartment was the one right above Guyger's and the apartment layouts and exterior hallways were nearly identical.
READ GUYGER'S ARREST WARRANT HERE:
The 26-year-old, shot in the dark, inside his apartment at the Southside Flats complex, died from gunshot wounds to the chest and abdomen.
Some witnesses reported hearing yelling before shots were fired, which may have been those shouts from the officer. Several witnesses have questioned how Guyger didn't notice the bright red door mat outside Jean's apartment before she entered?
Attorney Lee Merritt, who is representing Jean's family, said two witnesses had different accounts of what happened.
"They heard knocking down the hallway, followed by a woman's voice that they believe to be Officer Guyger saying, 'Let me in, let me in.'"
Photos of Jean's doorway, turned memorial clearly shows the distinctive door mat.
VIDEO of Officer Guyger the night of the shooting
Sources said Guyger told investigators she was carrying several bags home from work and that's why she says she missed that distinctive characteristic from the outside of her own apartment.
Jean's family arrived in Dallas on Saturday and met with Mayor Rawlings before attending a vigil at the church Jean attended — Dallas West Church of Christ.
Members of the Jean family stood beside DA Johnson during her news conference and held a briefing of their own a short time after. It was there that St. Lucia Prime Minister Allen Michael Chastanet said, "I would like to have come to Dallas under different circumstances" and talked of how proud he was of Jean and what he represented.
At a news conference Monday morning, attorney Daryl Washington said that Jean's family has heard more than once that Guyger said she believed she was in her apartment being burglarized.
Jean's mother, Allison Jean, made a brief statement saying, "What we want… we are not satisfied that we have all the answers. And the number one answer that I want is, what happened? I've asked too many questions and I've been told that there are no answers yet."
Allison Jean went on to say that she is looking forward to the "powers that be" conducting the investigation and getting all the answers to satisfy her that "they are doing what is in the best interest of getting justice for Botham."
Guyger was booked into the Kaufman County Jail on Sunday. The sheriff's office said she posted her $300,000 bond Sunday evening and has been released.
Dallas police put the Texas Rangers in charge of the investigation, which is why, according to Police Chief Renee Hall, a warrant was put on hold for her arrest. The department had requested a warrant on Friday.
Guyger was officially identified on Saturday as the officer who killed Jean. She has worked for the Dallas Police Department for four years.
According to the Texas Department of Public Safety, she was arrested in Kaufman County on Sunday after a warrant was issued for her arrest by the 7th District Court in Dallas County.
At a news conference Sunday evening before the news of Guyger's arrest, attorney S. Lee Merritt, who represents Botham's family, said his team had new evidence in the case but could not release it publicly while they work with the Dallas County District Attorney's Office. The legal team has not yet released a statement on her arrest.
When reached out for a comment on the arrest, the Dallas Police Department referred back to the Texas Rangers on the investigation.
The Texas Rangers, along with the Dallas County DA, are continuing to investigate what exactly happened the evening Botham Jean was killed and what led to the shooting. The initial investigation warranted a manslaughter charge for Guyger. No additional information was released Sunday evening in the statement.
Dallas Mayor Mike Rawlings released a statement Sunday evening that said:
"I want to thank the Texas Rangers for thoroughly investigating this tragic case from the moment the Dallas Police Department requested that they take over on Friday morning. I am grateful to Dallas Police Chief Renee Hall for her leadership and foresight in calling for the Rangers to handle the investigation to ensure there was no appearance of bias. I also greatly appreciate that our citizens and community leaders were so respectful of the investigative process over these past few days. Please continue to pray for the family of Botham Jean tonight and in the weeks and months ahead."
Jean's family arrived in Dallas Saturday morning and met with Mayor Mike Rawlings before attending a vigil in the afternoon at his church.
"Botham loved God. Botham loved you. Botham loved mankind. Botham never saw color, race. Botham wanted all of us to unite," said his mother Allison Jean.
Jean was a native of St. Lucia and studied at Harding University. He worked at PricewaterhouseCoopers in Dallas.
