A judge has ruled that jurors can consider “Castle Doctrine” (similar to stand your ground when it comes to your own house) to determine whether or not Amber Guyger was in her right to shoot and kill Botham Jean, because the defense argued that Guyger “Truly believed she was in her own house”.

During the closing arguments on Monday, prosecutors said Guyger was “unreasonable” when she shot Botham Jean last year “commando-style” allegedly believing he was an intruder.

The defense argued that Guyger “truly believed” she was in her own home when she shot Jean and believed she was acting in self-defense.

For Jurors to find Guyger guilty, the state must prove that Guyger “intentionally or knowingly” caused the death of Jean. For the lesser charge of manslaughter, the state must prove that Guyger “recklessly” caused Jean’s death.

District Judge Tammy Kemp has ruled that the jury may consider “Castle Doctrine” when deliberating.

Castle Doctrine is a legal doctrine that allows for a homeowner in certain circumstances to use force, including deadly force, to defend themselves against an intruder.

Prosecutor Jason Fine said it was “absurd” for that defense to be used considering, whether or not she believed it was her home, it wasn’t her home.

Jason Fine said:

“This has to do with that defendant making unreasonable decisions that put her in that seat [Fine said as he pointed toward Guyger,] and Bo in the ground.”

Fine told the jury to put themselves in Botham’s shoes and think about how Guyger chose to act that day and escalate the situation, saying:

“He’s eating ice cream on his couch. So if you’re sitting and eating ice cream, you get shot in the heart? Is that what you’re saying?”

Fine also stated:

“[Jean] has the right to shoot that person under the Castle Doctrine, not the other way around,”

Updated: February 4, 2020 — 9:58 am

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