One of the lead investigators for the probe into a Dallas police officer’s fatal shooting of a man inside his own apartment said he doesn’t think the officer, who was fired after the shooting, committed a crime.
David Armstrong, a state trooper and the lead investigator for the Texas Rangers, said that Amber Guyger did not commit a crime when she mistakenly entered the apartment of Botham Jean last year and shot Jean dead after she said she mistook the 26-year-old for an intruder in what she thought was her own apartment.
Armstrong said that Guyger’s actions matched her story and in his assessment, she did not commit a crime. He said it was a “reasonable perception” that she mistook Jean for an intruder.
When Armstrong, a prosecutorial witness, was being questioned by defense attorney Robert Rogers, the jury was outside the courtroom. Jean’s family was present but left when the body-camera footage from the first officers who responded to the scene was played.
Prosecutor Jason Hermus argued that Armstrong’s testimony was “inappropriate” and State District Judge Tammy Kemp, after viewing the footage, ruled that Guyger’s lawyers couldn’t question Armstrong in front of the jury. She said no one could say where Jean was when Guyger shot him.
Armstrong previously testified on Tuesday while the jury was still in the room and Rogers showed jurors multiple pictures of the third floor of the complex, where Guyger lived, and the fourth floor, where Jean lived.
“That is correct,” Armstrong replied.
After the shooting, he said, the complex added more signs to indicate to residents which floor they’re on. He said while investigating the case he himself had trouble distinguishing where he was in the building. “There were no clear obvious signs showing what level you were on,” he said.
The trial started on Monday after a change of venue request was denied.
“I’m an off-duty officer. I thought I was in my apartment, and I shot a guy thinking it was my apartment,” she said in the call.
“Oh my God, I thought it was my apartment. [Expletive]!,” she added before repeating “I thought it was my apartment” over and over again.
Prosecutors said Guyger parked on the wrong floor of the apartment complex and didn’t see several signs she was about to enter the wrong apartment, including a bright red door mat that Jean had outside his door and the smell of marijuana in his residence.
“For her errors, for her omissions, … [Jean] paid the ultimate price,” one said.
