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Arrest affidavit from the Dallas police officer who killed neighbor sheds light on controversy

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Police officer charged in shooting death of unarmed neighbor

Dallas police officer Amber Guyger, ” she says in Botham Sem Jean apartment accidentally at the end of her shift; Casey stegall reports.

The arrest affidavit obtained by Fox News from a white Dallas police officer who shot and killed a black neighbor in his own house — after the confusion of the floor, she was on — shed new light on the case, which is headed to a grand jury, which can deliver more serious charges than manslaughter.

David Armstrong of the Texas Rangers, wrote in an arrest affidavit obtained by Fox News on Monday, Officer Amber Guyger allegedly shot Botham Jean after he ignored her verbal commands.”

Guyger was just past 15-hour shift Thursday when she returned in uniform to the South Apartments apartment complex. She parked on the fourth floor, in place of the third, where she lived, according to the affidavit submitted for the officer’s arrest warrant, possibly suggesting that she was confused or disoriented.

When she put her key in the door of the apartment, which was unlocked and ajar, opened. Inside, the lights were off. When she saw a figure in the darkness, the affidavit said.

The officer decided that her apartment was broken into and gave verbal commands to the image, which allegedly ignored them. She then drew her weapon and fired twice, the affidavit said.

When they turned on the light, she realized that she was in the wrong unit, according to the affidavit, which proved to be based almost entirely on the officer’s account.

#BREAKING: arrest warrant affidavit released in shooting death of #BothamShemJean by off-duty DPD Ofc. Amber Guyger. She is indicted for manslaughter. https://t.co/Xh8Z5z37l2 pic.twitter.com/uowVYO6IhQ

— FOX 4 NEWS (@FOX4) September 10, 2018

Mayor Mike Rawlings also said Monday that Guyger had parked on the wrong floor.

Guyger, 30, was arrested Sunday night and booked into jail in neighboring Kaufman County before being released on a $300,000 bond, such as Fox News previously reported.

“The grand jury will be that the entity that will make the final decision in terms of the costs or expenses resulting from this matter,” Dallas County District Attorney Faith Johnson told reporters. “We are preparing for a thorough case to the grand jury of Dallas County, so that the right decision can be made in this case.”

The prosecutor also will have the option of presenting more serious charge for the grand jury.

When asked why Guyger should surrender somewhere other than Dallas County jail, Johnson said that the decision was made by the Texas Rangers, who also are investigating.

The Dallas County medical examiner’s office said Jean, who grew up on the island of St. Lucia, has died of a gunshot wound in the chest. His death was ruled a homicide.

Jean’s mother said that investigators had not given her family a report of what happened. Allison Jean told a press conference that they asked many questions, but was told that there are no answers yet.

Lawyers for the family of the victim questioned why it took three days for Guyger to be charged and why they are so quick to use deadly force in her meeting with the 26-year-old Jean.

Dallas Police Officer Amber Guyger, right, is accused of manslaughter in the death of Botham Jean. (Harding University/Kaufman County Jail)

Jean the family hired attorney Benjamin Crump, who is best known for representing the families of Trayvon Martin and Michael Brown. Martin was a black 17-year-old, who was shot fatally in 2012 by George Zimmerman, a Spanish man who his Orlando-area neighborhood watch captain. Brown, who was 18, was shot and killed in 2014 by a white police officer in Ferguson, Missouri.

“Black people in America are killed by the police in a number of the most incredible ways,” said Crump Monday at a press conference, stating that “driving while black in our cars” and “walking while black in our neighborhoods.”

Now, he said: “we are killing living while black as we move into our apartments.”

The family’s legal team also includes Lee Merritt, who represented relatives of an unarmed black teenager who was shot in the back by a white police officer in June during the flight a traffic stop near Pittsburgh.

Family and friends gathered Saturday at the Dallas West Church of Christ to remember Jean, who had worked for an accountancy firm PwC since graduating in 2016 from Harding University in Arkansas, where he often led campus religious services as a student.

Sgt. Mike Mata, president of Dallas’ largest police union, the Dallas Police Association, the so-called Saturday for an “open, transparent and full investigation of the event,” the Dallas Morning News reported.

He described Jean as a “wonderful individual” and said that “if the grand jury deems it necessary, this officer would have to answer for its actions in a court located in Dallas County.”

On the day after the shooting, the chief U. Renee Hall said her department was looking for manslaughter against Guyger, a four-year veteran of the police force. But Hall said Saturday that the Texas Rangers asked her department to hold off, because they had learned new information and wanted to investigate further before a command is issued.

Guyger’s blood was drawn at the scene to be tested for alcohol and drugs, Hall said, but the authorities have not released results.

Jean was not the first person to be shot by Guyger. They shot a man named Uvaldo Perez on May 12, 2017, during the service.

According to a statement filed against Perez, the police are looking for a suspect, when Guyger and another officer were called to help a third officer. Perez got out of a car and was combative with Guyger and another officer. A battle started, and Guyger fired her stun gun at Perez, who then he withdrew from her. She pulled her gun and fired, wounding Perez in the abdomen.

The Associated Press contributed to this report.

Frank Miles is a reporter and editor related geopolitical, military, crime, technology, and sports for FoxNews.com. His e-mail is Frank.Miles@foxnews.com.

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