The former Dallas police officer who was convicted in October of murdering Botham Jean in his home is appealing her 10-year prison sentence.
Amber Guyger’s attorneys are claiming there was not enough evidence to convict her of murder, CNN is reporting.
In the appeal, her lawyers argue that “her mistaken belief negated the culpability for murder because although she intentionally and knowingly caused Jean’s death, she had the right to act in deadly force in self-defense since her belief that deadly force was immediately necessary was reasonable under the circumstances.”
Her attorneys are asking for their appeal to be heard by oral argument.
Botham Jean’s family issued a statement through their attorney S. Lee Merritt, expressing disappointment in the appeal.
“After admitting her crime and asking Botham Jean’s family for mercy— Guyger’s actions in filing this appeal reflect someone who is not repentant but instead was hoping to play on the family’s sympathies at the time that they were most vulnerable,” the statement read.
Guyger shot and killed Jean in 2018 in his own home after she had returned home from work and mistakenly entered his apartment, thinking it was her own. Jean was eating ice cream and watching TV on his couch when he was killed.