How many years will Amber Guyger stay in prison? That could depend on Botham Jean's family

The heartfelt courtroom hug exchanged by former Dallas police officer Amber Guyger and the brother of the man she killed provided a touching conclusion to a unique case that captured the attention of the Metroplex and parts of the nation.

The moment might also wind up as the first step in Guyger’s eventual return to freedom.

Guyger, 31, was sentenced to 10 years in prison Wednesday after being convicted of murder for the September 2018 killing of Botham Jean, a neighbor who was eating ice cream in his apartment directly above hers when she entered what she thought was her unit, mistook him for a burglar and shot him dead.

Texas law stipulates murder convicts aren’t eligible for parole until serving at least half their sentence, meaning Guyger will be locked up for a minimum of five years.

'I want the best for you': Botham Jean's brother hugs Amber Guyger in emotional courtroom scene

What happens after that depends on a number of factors to be considered by the parole board. One of them is the recommendation by family members of the victim.

Ed Cox, whose Cox Law Firm outside Dallas regularly handles parole cases, said the board gives a fair amount of weight to letters from relatives of both the victim and the offender when pondering an early release.

“If his brother decides to support her release on parole, I think the board would absolutely consider that,’’ Cox said. “And I would expect that lawyers for her if she’s represented before the board would reach out to his family and seek to gain their support.’’

It’s much too early to tell how the Jean family might react in five years, but the message of forgiveness from Botham’s younger brother, Brandt, in delivering his victim impact statement Wednesday was downright moving.

Making it clear he was speaking for himself, not necessarily his relatives, Brandt declined to chastise Guyger and instead offered his forgiveness.

“I wasn’t going to ever say this in front of my family or anyone, but I don’t even want you to go to jail,’’ said Brandt Jean, who, at 18, is 10 years younger than Botham would have been now. “I want the best for you.’’

Then, after asking State District Judge Tammy Kemp for permission, he exchanged a prolonged embrace with Guyger and both whispered to each other as sobs could be heard in the courtroom.

Later, Guyger also received a hug from Kemp, further illustrating the emotional aspect of a case that carried racial overtones – Guyger is white and Botham Jean was black – but ultimately boiled down to a terrible mistake with tragic consequences.

Guilty verdict: Dallas ex-cop Amber Guyger convicted of murder in neighbor's shooting

Guyger was facing a sentence of between five and 99 years, although Kemp had allowed the jury to consider a “sudden passion’’ defense, which could have brought down the minimum to two years. Prosecutors had requested at least 28 years.

Besides the family statements, Cox said the amount of time she actually spends behind bars will hinge on Guyger’s behavior in prison and whether she takes advantage of opportunities for self-improvement while she’s there.

“There is an expectation that she conducts herself well, abides by the rules and seeks to better herself so she can successfully reintegrate into society,’’ Cox said, adding that being a former cop with a previously clean record should also work in Guyger’s favor, especially considering board members often have a background in law enforcement.

Last year in Texas, the parole approval rate for her type of crime – which falls under the “violent aggravated, non-sexual category’’ – was 33.6%. A total of 11,692 cases were considered and 3,900 early releases granted. Those denied usually get to apply again after a year.

The Guyger-Brandt Jean embrace likely will have faded from memory by the time she’s eligible to request parole, but it certainly made an impression on those who watched it, via livestreaming or on video.

Cox, who has practiced law for 24 years, said the topic came up right away at his office Thursday morning.

“It really was touching and unique,’’ he said. “I can’t remember another case where I’ve seen that happen.’’

This article originally appeared on USA TODAY: Amber Guyger: How Botham Jean's family could influence her prison stay