Guyger Lawyer Seeks Lesser Charge, Shorter Sentence In Dallas

DALLAS —Will the justices who heard former Dallas police officer Amber Guyger's appeal today toss out her conviction?

Michael Mowla, Guyger's attorney, appeared opposite Douglas Gladden representing the Dallas County prosecutor's office today in a 20-minute Zoom call. Mowla argued that the conviction should not stand because the evidence presented in her case is incongruous with a charge of murder.

Guyger maintained throughout her trial that she thought she was entering her own apartment when she fatally shot Botham Jean on Sept. 6, 2018 in his home on the floor above Guyger's. She opened fire and killed Jean, who was sitting on his couch eating ice cream.

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On Guyger's behalf, Mowla is now seeking to have the murder charge downgraded to criminally negligent homicide, which would drastically reduce the 10-year prison term she was handed by jurors after her 2019 trial. The lesser charge carries a maximum prison sentence of two years.

Mowla's presentation before the appellate court leaned on a criminal code provision known as "mistake of fact," to excuse Guyger’s firing on Jean, because she mistakenly believed the apartment to be hers, not his.

That argument marks a second attempt at an approach that has already failed once. During her 2019 trial, jurors also rejected claims of self-defense, but they were not provided the option of convicting Guyger on a charge of criminally negligent homicide.

The judges repeatedly peppered Mowla with questions, interrupting him more than a half a dozen times in his 20-minute argument. Gladden stated simply that the jury's original murder verdict should remain in place.

While the appellate justices do have the ability to acquit Guyger and replace her original conviction with one on the lesser charge, such behavior is considered atypical. Extenuating circumstances, such as legal irregularities, can sometimes move judges to intervene.

What happens next is entirely in the judges' hands. Although Fifth Court of Appeals judges often render an opinion within 60 to 90 days, the three-judge panel is under no deadline.

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