Amber Guyger, a year and a half into her 10-year sentence for killing Botham Jean, will have her appeal heard by a panel of judges.
DOUG DUNBAR: A police shooting here in North Texas is once again grabbing attention. Attorneys for former Dallas officer Amber Guyger will try to get her murder conviction overturned. They're going to begin that process next week. An appeals court will hear arguments from the attorneys for Guyger that she should not have been convicted of murder for the shooting death of Botham Jean.
CBS11's J.D. Miles today explains why.
J.D. MILES: Amber Guyger is a year and a half into a 10-year sentence for murder. Her formal appeal will be heard on Tuesday, which could overturn her conviction, according to Dallas attorney Toby Shook who represented Guyger during her criminal trial.
TOBY SHOOK: All defendants obviously have hope and hold out hope for their appeals from trials like this, but the percentages are not always there for them.
J.D. MILES: The last time we saw Guyger, she was leaving the Dallas County Courthouse for prison after embracing the younger brother of the man she was convicted of murdering.
That man, Botham Jean, lived in an apartment directly above hers in 2018. Guyger argued she mistakenly got off on the wrong floor and walked into Jean's apartment thinking he was an intruder when she fatally shot him. The jury found the officer's actions amounted to murder. Shook is not involved in the appeal, but he says it will be based on the argument that Guyger should have been convicted of a lesser offense.
TOBY SHOOK: His arguments have to do with the mistake-- Amber Guyger going mistakenly into Botham Jean's apartment. And he believes his legal argument is a mistake of fact was made, that's what the facts show, and that under those facts, the only verdict-- if there were a guilty verdict-- could come down to be for the negligent homicide.
J.D. MILES: The appeal will be heard by a three-judge panel which will listen to arguments and render a decision at a later date.
In Dallas, J.D. Miles, CBS11 News.