Major update in case of white female Dallas cop who killed black man eating ice cream in his apartment

A awesome update successful nan lawsuit of a achromatic female Dallas constabulary serviceman who killed an unarmed achromatic man eating crystal pick successful his flat has near nan victim's family furious.

Amber Guyger, now 35, was still successful azygous erstwhile she returned to her flat analyzable connected September 6, 2018 and mistook Botham Jean's flat for her ain - which was connected nan level straight beneath his.

She testified astatine her proceedings nan pursuing twelvemonth that she recovered nan doorway ajar, and changeable and killed Jean, 27, aft mistaking him for an intruder.

Guyger was recovered blameworthy of execution successful 2019 and was sentenced to 10 years down bars.

But connected Sunday - connected what would person been Jean's 33rd day - Guyger qualified for parole aft serving conscionable 5 years successful prison, nan Texas Department of Criminal Justice confirmed to CBS News.

'His birthdays are ever hard, but coming is highly hard,' Jean's sister, Allisa Charles-Findley told NBC DFW, arsenic she and her family conflict to support Guyger down bars.

'She has only been successful for 5 years, and we person a life without Botham.'

'She's caused my family tremendous, tremendous hurt, tremendous pain,' her mother, Allison Jean added. 'She ought to stay wherever she is.

'She needs to service present full 10-year term, which is good beneath a condemnation that 1 receives for a murder, execution of an guiltless man successful nan comfortableness of his home, doing thing wrong.'

The family is expected to beryllium interviewed by nan Texas Parole Board successful nan coming days arsenic it considers letting Guyger spell free.

Other relatives are besides penning letters to nan parole committee urging it to contradict Guyger's parole, and supporters of Botham's family person started an online petition.

'Amber Guyger was convicted of execution and sentenced to 10 years successful prison,' it says. 'This condemnation was intended to service arsenic a measurement of justness for Botham Jean and his family, and arsenic a connection that specified actions will not beryllium tolerated.

'Granting parole astatine this clip would undermine nan severity of nan crime and nan justness that was sought done nan ineligible process.

'Allowing Amber Guyger to beryllium released early would not only beryllium a disservice to Botham Jean's memory, but besides to nan principles of justness and accountability,' nan petition, which has garnered astir 1,700 signatures arsenic of Tuesday evening, continues.

'We judge that Amber Guyger should service her afloat condemnation arsenic a reflection of nan gravity of her actions and to uphold nan integrity of our justness system.

'We impulse nan Texas Board of Pardons and Paroles to contradict her parole petition and guarantee that justness is afloat served for Botham Jean and his family.' 

Even nan Dallas County District Attorney's Office has said it sent a missive protesting her parole application, NBC DFW reports.

Jean's decease had sparked monolithic protests crossed nan Texas city, arsenic residents remained outraged that nan accountant had conscionable been eating a vessel of crystal pick connected his sofa erstwhile he was fatally shot.

Guyger was fired from nan Dallas Police Department successful nan aftermath, and astatine her weeks-long proceedings successful September 2019, she testified that she was 'scared to death' erstwhile she encountered Jean successful what she believed to beryllium her ain apartment.

After she was recovered blameworthy of murder, Jean's brother, Brandt, stunned nan courtroom by embracing his brother's slayer astatine an affectional sentencing proceeding and telling her Jean would person wanted her to turn her life complete to Christ. 

He said if she asked God for forgiveness, she would get it. 

Judge Tammy Kemp besides hugged nan suspect and gave nan ex-cop her ain individual Bible to return pinch her to prison. 

Kemp later said successful an question and reply that she could not garbage Guyger a hug and based on that her enactment of compassion was due because by past nan proceedings was over. 

But during her clip down bars, Guyger has many times tried to entreaty her conviction. 

The entreaty hinged connected nan declare that her mistaking Jean's flat for her ain was reasonable, and therefore, truthful excessively was nan shooting. 

Her lawyer asked nan appeals tribunal to acquit her of execution aliases substitute successful a condemnation for criminally negligent homicide, which carries a lesser sentence.

Dallas County prosecutors countered that nan correction was not reasonable, that Guyger acknowledged intending to termination Jean and that 'murder is simply a result-oriented offense.'

The court's main justice, Robert Burns III, and Justices Lana Myers and Robbie Partida-Kipness concurred pinch prosecutors, disagreeing that Guyger's belief that deadly unit was needed was reasonable.

In a 23-page opinion, nan justices besides disagreed that grounds supported a condemnation of criminally negligent homicide alternatively than murder, and they pointed to Guyger's ain grounds that she intended to kill.

'That she was mistaken arsenic to Jean's position arsenic a resident successful his ain flat aliases a burglar successful hers does not alteration her intelligence authorities from intentional aliases knowing to criminally negligent,' nan judges wrote. 

'We diminution to trust connected Guyger's misperception of nan circumstances starring to her mistaken beliefs arsenic a ground to betterment nan jury's verdict successful ray of nan nonstop grounds of her intent to kill.'

Guyger then asked nan Texas Court of Criminal Appeals - nan state's highest forum for criminal cases - to reappraisal nan appeals court's ruling.

But nan tribunal declined to perceive her lawsuit successful March 2022, upholding her sentence, according to WFAA.

'She made 4 appeals, which really showed that she didn't judge work for what she did,' Allison Jean, nan victim's mother, told nan Dallas Morning News.

'And truthful that doesn't soften my ain feelings about' her getting parole.

Guyger will now look earlier nan Texas Parole Board to plead her lawsuit for an early release.

Members of nan committee will past inquire her 'how she has changed and what she thinks astir each these things,' erstwhile parole serviceman Zerita Hall explained, noting location is simply a chance Guyger whitethorn not look astatine nan proceeding in-person.

The missive that Botham's family person sent will past beryllium considered.

'This man was murdered. He was killed successful his ain home,' Hall said.

'So I would ideate letters of support for her staying successful situation would astir apt beryllium pouring in.'

A determination connected her parole could past beryllium made arsenic early arsenic this month.