By Julia James
Dallas Morning News
Reprinted – by Texas Metro News
Jean’s parents said the verdict symbolizes what he brought to the world, adding they are grateful other people saw that value.
During closing arguments in the federal civil trial against former Dallas police officer Amber Guyger, attorneys for Botham Jean’s family asked the jury to send a message that Dallas County residents “are going to be safe in our homes.”
About three hours later, the jury responded with a $98.65 million verdict in the family’s favor.
“Today is a day that I’m a bit consoled,” said Bertrum Jean, Botham’s father. “I’m still heartbroken over the loss of my son … but today I think justice was served and we are very thankful, and we pray that it will be a lesson.”
Guyger mistook Jean’s apartment for her own on Sept. 6, 2018, and fatally shot the 26-year-old accountant in his own apartment, believing he was a burglar. Guyger was subsequently fired from the Dallas Police Department, found guilty of murder and sentenced to 10 years in prison. She was up for parole earlier this fall, but was denied.
The three-day trial sought to prove that Guyger used excessive force and violated Jean’s constitutional rights. She waived her right to participate in the trial, per court filings, something the family said showed a lack of accountability for her actions.
Despite Guyger’s absence, attorneys for Jean’s family found other ways to discuss her actions, including playing her testimony from the criminal trial and reading depositions of fellow DPD officers.
William Harmening, a retired law enforcement officer and police trainer, also testified as an expert witness on Monday.
He reviewed the case records and Dallas police policy and said that while Guyger had a duty to act when she believed a crime was in progress, she failed regarding how she chose to respond. He elaborated she could have attempted to use a less lethal option, like a taser, or called for support from on-duty officers.
During closing arguments, attorneys also focused on Gugyer’s actions after the shots were fired. She did not appear to offer any medical aid, despite having been trained to do so as a police officer, and could be heard on the recording of the 911 call expressing concern that she was going to lose her job.
“Who is thinking about a job when Botham is on the ground taking his last breath?” said Daryl Washington, an attorney for the family, during his closing argument.
The legal team made sure to clarify that this case wasn’t just about that September night six years ago. It was also about the joy Jean brought to the world.
Jean’s sister, Allisa Charles-Finley, and his parents, Allison and Bertrum, all took the stand to share memories of Jean and his character, as well as speak about how his loss has reshaped their lives.
Charles-Finley described her brother as a joyous extrovert, devoted to his family, devout in faith and driven at work. Jean, who was eating ice cream on his couch when he was killed, had loved dairy his whole life, earning the nickname “Milky Way.”
The St. Lucia native came to the United States to attend college at Harding University in Arkansas, where he started mission trips back to his home island. His mother Allison remembered asking him once why he wasn’t evangelizing as part of the work and he responded that people would see Christ through him.
In the six years since his passing, Allison said she’s experienced severe anxiety for the safety of her other children but has dedicated herself to Jean’s legacy and said she wants “people to remember him in the present tense.”
His father Bertrum said he thinks he might still be in denial. His voice got thick with emotion as he described getting his son’s dress shirts tailored to be able to wear something of Botham’s.
The jury verdict awarded $38.65 million to the family in compensatory damages, which attempt to make up for injuries to the plaintiffs. For the Jeans, that covered Botham’s projected future earnings, his pain and suffering, his loss of life, loss of companionship for his parents and mental anguish for his parents.
They were also awarded $60 million in punitive damages, which are designed to punish or deter and awarded when there is malice or reckless indifference to the rights of others.
After the trial, Jean’s parents said the verdict symbolizes what he brought to the world, adding they are grateful other people saw that value. Bertrum and Allison added that they were not focused on the money and collecting the award, but on accountability for Guyger and having Jean’s contributions to the world recognized.
They also expressed some disappointment with the way the leadership of the city of Dallas has treated them, including fighting to be dismissed from this case — an effort the city was ultimately successful in.
“I feel the support of the Dallas community from the day I flew in on September 7th, there were already protests, vigils, all sorts of things,” Allison Jean said. “I feel the warmth of the city, of the community, but the institutions within that city that are supposed to do better, have not.”
| This story, originally published in The Dallas Morning News, is reprinted as part of a collaborative partnership between The Dallas Morning News and Texas Metro News. The partnership seeks to boost coverage of Dallas’ communities of color, particularly in southern Dallas. |
