Amber Guyger, the policewoman who killed Botham Jean in his own home, will hear her appeal next week.
According to CBS in Dallas, Guyger's appeal argues that she accidentally killed Jean and that her conviction should have been negligent murder rather than murder. If their appeal is successful, the term of imprisonment for negligent homicide is six months or up to two years in state prison.
In September 2018, Guyger Jean's apartment in Dallas, Texas, was entered and shot and killed while he was eating ice cream on his couch. During her trial, she testified that she believed she had entered her own apartment in the complex where they both lived and therefore had "the right to use lethal force".
In the new appeal, filed in August 2020, Guyger's attorneys argue that the evidence originally presented in the case "was not legally sufficient to unequivocally establish that Guyger committed murder".
RELATED: White Police Officer Who Murdered Botham Jean Shared Kaepernick Meme That Said "The NFL Died Of Colin Cancer"
They claim Guyger was confused about where she was in her apartment complex, as both the third and fourth floors, where hers and Jeans were located, looked identical.
"Her misconception negated the guilt for the murder because, although she had deliberately and knowingly caused Jeans' death, she had the right to use lethal force in self-defense, given that her belief that lethal force was immediate was necessary Circumstances was reasonable, "reads the appeal.
Guyger had both a taser and pepper spray with him, along with the gun she'd used to kill Jean. However, their lawyers argue that officials are not trained to use the nonlethal weapons "in a fatal situation".
"Despite the tragic consequences, Guyger acted sensibly in the face of all the evidence – whether admissible or inadmissible," the appeal said, claiming that Guyger "simply overlooked" the evidence that she had entered the wrong apartment.
During the trial, Guyger's attorneys argued that Jean's death was due to the "malfunction" on his door and the "absurd design" and incompetent management "of the apartment building.
Amber Guyger has been in jail since October 2019.