Former Dallas officer Amber Guyger, who is serving a 10-year prison sentence for killing Botham Jean, attempted to convince judges to acquit the murder conviction, replace it with a lesser charge, and order a new sentencing hearing.
The appeal hinged on the argument that Guyger reasonably believed she was in her own apartment, which was in the same building as Jean’s, when she fired upon him.
Prosecutors said the case was simple.
An appeals court panel sided with prosecutors, upholding the murder conviction.
“That she was mistaken as to Jean’s status as a resident in his own apartment or a burglar in hers does not change her mental state from intentional or knowing to criminally negligent. We decline to rely on Guyger’s misperception of the circumstances leading to her mistaken beliefs as a basis to reform the jury’s verdict in light of the direct evidence of her intent to kill,” they added.
The panel consisted of Justices Lana Myers and Robbie Partida-Kipness, and Chief Justice Robert Burns III.
Guyger can appeal to the state’s highest criminal court, the Texas Court of Criminal Appeals, if she chooses.
Her attorney did not return a voicemail or an email.