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Amber Guyger appeals murder charge in death of Botham Jean - CBS News
Aug 08, 2020 1 min, 6 secs

Former police officer Amber Guyger, who was found guilty of murdering her neighbor Botham Jean when she entered his apartment in 2018, has filed an appeal for her conviction.

Guyger has requested to be either acquitted of murder or acquitted and charged with the lesser crime of criminally negligent homicide, claiming she believed Jean was an intruder in her own apartment and therefore "had the right to act in deadly force.".

Rather than entering her own apartment, she entered Jean's, which was directly above hers.

But Guyger's attorneys argue in an appeal that the evidence originally submitted in 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. .

Guyger acted reasonably," the appeal says, saying that she "simply missed" the clues that she was entering the wrong apartment, such as the red doormat outside of Jean's apartment and the key lock to enter the apartment blinking red because she tried to enter with the wrong key fob. 

Attorneys interviewed 297 out of 349 residents in the building, the appeal says, and 71 of them who lived on Guyger's and Jean's floors allegedly said they had walked to the wrong apartment on the wrong floor. 

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