I could easily put this story in the Ethics Alarms Zugzwang file, because I see no analysis or result that won’t make the situation worse.
A white off-duty police officer named Amber R. Guyger entered the apartment of Botham Shem Jean, a 26 year old accountant, and fired her service weapon twice at him, killing the St. Lucia immigrant. She claims that she mistakenly entered the wrong apartment after returning home from her 14-hour shift and believed Jean, who is black, was an intruder.
Indeed, her apartment was directly below his. She had inexplicably parked her car on the 4th floor, where Jean’s residence was, rather than the 3rd floor, where hers was. So far, there is no indication that the shooter and the victim knew each other. Guyger had a clean record. Other facts are in dispute. The officer told investigators the apartment door was ajar and then fully opened when she inserted her computerized chip key. That seems possible but unlikely. Lawyers for Jean’s family say the door was closed. How could they possibly know that? Guyger said in court documents that when she opened the door, she saw shadows of someone she thought was a burglar, and shouted commands before shooting. Lawyers for Jean’s family have elicited testimony from neighbors that they heard someone banging on the door and shouting, “Let me in!” and “Open up!” before the gunshots. Why would the officer do that if she didn’t know Jean, or if she thought it was her own apartment? They also said they then heard Jean, say, “Oh my God, why did you do that?”
Boy, that sounds like an awfully convenient exclamation to be remembering now, don’t you think? But who knows? Maybe it proves the two knew each other. (Why didn’t Jean say, “Who are you?”) Maybe it is another “Hands Up! Don’t shoot!” lie for cop-haters and race-baiters to adopt as a rallying cry.
Surprise! Jean’s family is being represented by Benjamin Crump, the same lawyer who represented the relatives of Trayvon Martin and Michael Brown and managed to manipulate media accounts and public opinion into the narrative that those shootings were motivated by racial hate. If nothing else, Crump is diligent and zealous in creating an atmosphere that maximizes the opportunity for civil damages whether they are warranted or not.
Crump is referring to Jean’s death as an assassination. Of course it is! After all, Guyger’s a white cop, and they live to oppress, brutalize and kill unarmed black men for no reason whatsoever, except to protect white power in a racist nation. Dallas’s black citizens and white activists do not believe the officer’s story, because they presume racism. (Similar impulse: progressives and feminist believe Brett Kavanugh’s accuser, because they want to,) Protesters chanted and disrupted a City Council meeting last week. There have been escalating threats against the police. Officers say they believe Officer Guyger’s version of events, as weird and inexplicable as they are. The same bias is at work: they want to believe her.
Things don’t work when they are hemmed in by biases and agendas like this. Let’s say that an investigation yields no clarification. An innocent man was shot in his own home by a police officer who lived beneath him for no discernible reason, and the cop’s only explanation is that she was tired, confused, and made a mistake. What is the ethical course at that point?
There are a few easy calls. The police department has civil liability, and it is high time to put the same kind of limitations on police shifts that airline pilots must abide by. The accident, if it was an accident, may have been caused by unethical working conditions. It would also be sensible for apartment and condo complexes to be required to make all floors recognizably distinct. I have tried to enter the wrong hotel room, apartment, condo unit and dorm room at various times, in addition to walking into ladies rooms and the occasional closet. Luckily, I don’t carry a gun. However, my own experiences make me at least willing to consider that this might have been nothing but a terrible, tragic accident.
Obviously, Officer Guyger’s career is over no matter what the truth is, and should be. Thus I agree with the argument that she should be suspended without pay or simply fired. Off-duty cops are required to carry guns, and once a cop makes this kind of “mistake,” she can’t be trusted. I wouldn’t want her wandering around my neighborhood.
Beyond that, however, what is Dallas supposed to do? The race hucksters want to protest and exacerbate racial divisions. Guyger will be painted as a cold-blooded racist killer, and typical of all police. Any result that doesn’t have her sentenced to prison for a long time will be condemned as proof that the white fix is in. The city has a duty to prevent riots and deaths, but not to squelch protests, no matter how cynical and unfair. Should it indict and try Guyger for murder rather than manslaughter, knowing that over-charging could result in an acquittal? This was Baltimore’s approach in the Freddie Gray case, and now police passivity has made the city a runner-up to Chicago as U.S. Murder Central. What if the investigation suggests that this was indeed an accident, and no more? Is it fair to try Guyger at all, then? Will jury members concede that she has lost her occupation and her reputation, and that imprisoning her is cruel—that she has suffered enough? Or will Guyger really stand trial not as an individual, but as a symbol of all cops who shot unarmed black men and escaped accountability?
Not only do I see no satisfacory ethical outcome, I can’t even decide what an ethical outcome would be.
I do know this, however. Bias not only makes us stupid, it makes fairness, justice and law enforcement impossible.