Have You Been Charged with Selling Counterfeit Goods?
Creating and selling counterfeit goods is a federal crime. You need the best criminal defense attorney on your side. John Teakell is only a call away.
TRANSPORT OR RECEIPT OF FIREARM WITH INTENT TO COMMIT A FELONY
Generally
Title 18 of the United States Code is where federal firearm laws are found, including violations of Transporting a Firearm to Commit a Felony, or Receipt of a Firearm with Intent to Commit a Felony. The statute reads:
“Whoever, with intent to commit therewith an offense (felony)… ships, transports, or receives a firearm or any ammunition in interstate or foreign commerce shall be fined under this title, or imprisoned not more than ten years, or both.”
Firearm
A “firearm” is what we commonly call a “gun” or a “weapon.” It can be a handgun or rifle, and it must be capable of expelling a projectile (bullet) when fired. The definition of a firearm in the U.S. Code is:
“The term “firearm” means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.”
Prosecuted in Federal Court
Possessions of firearms are commonly referred for federal prosecution. Charges in federal court can produce harsher sentences than state court prosecutions due to the U.S. Sentencing Guidelines. If the person who transported or received a firearm has a felony conviction, that could result in the federal charge of felon in possession of a firearm.
The Bureau of Alcohol, Tobacco, and Firearms (“BATF” or “ATF”) regularly checks arrests for persons with a weapon. ATF agents do this to determine if the person is a felon, or to refer other cases to the U.S. Attorney for federal prosecution, including transportation or receipt of a firearm with intent to commit a felony.
Transportation of a Firearm
Transportation can be in several forms. It is common for a person to be arrested for this charge when a firearm is found on him/her or in the car. A firearm can be transported by bus, airlines, common carrier, or by the defendant in his car. A key element the government must prove is that the firearm was “transported.”
Taking Possession / Receipt of the Firearm
Another element the government must prove is receipt of the firearm, or possession or control, if the allegation is that the person had a firearm transported for his use. For example, the government might allege that a person bought a firearm to threaten or rob someone. So, it would have to prove that when the person received the firearm, he had a plan or intent to carry out the crime. Absent admissions or statements about a plan, the government would have to find evidence of a threat, plan, or actual robbery soon after receiving the firearm. Whether the person possessed or received the firearm to commit a felony often depends on the circumstances.
If the firearm is found in someone else’s car in which he is riding, or in someone else’s home where the defendant is located, then the government would have to rely on a variety of circumstances. If a firearm is found on a person, in his luggage, or in his car with no passenger, then the evidence would be easier for the government to prove receipt or possession. Also, the requirement of transportation or receipt is based upon possession, not ownership, of the firearm.
For the Purpose of Committing a Felony
Allegations for fraudulent insurance claims are often those made that increase the damage amount beyond the real damages. Sometimes claims are created when no damage occurred. Fraud can also be based upon false statements to an insurance company when these are additional information to the claim.
Intent to Commit a Felony
A person’s intent to commit a felony is often determined by his actions and other circumstances surrounding him. Although transporting or carrying a firearm is not in itself enough to prove that a person intended to commit a crime, other facts are often considered. Such facts can be the reason of traveling, admissions, emails referencing making contact, previous dealings, and statements, emails, or text messages stating an intention or acknowledging a plan.
Action
If you are being investigated or have been arrested for firearms violations, contact former federal prosecutor John Teakell. Mr. Teakell will use his experience to defend against firearm charges or any criminal case.
SECURITY CLEARANCE REVOCATIONS- U.S. Department of Defense
Overview
Many persons employed by the military or an agency of the United States are granted security clearances that allow them access to sensitive information used in their employment. This applies whether the security clearance holder is in the armed services or works for a contracting company for the United States. Non-military employees can include those with contractors for weapons systems, aircraft, and transportation systems.
The purpose of this outline is to address issues that arise after an applicant has been given a security clearance. There are a variety of “guidelines” which are the standards by which the clearance holder must conduct himself/herself. If these standards are not kept during employment, the United States may seek a revocation of the security clearance.
The office for administrative hearings will allege violations of the person’s security clearance, making allegations based upon the clearance holder’s foreign influence, drug involvement, gambling addiction, financial issues, behavior making him/her susceptible to influence, etc.
The security clearance holder is entitled to a hearing before an administrative law judge to determine whether or not the clearance should be revoked.
The privilege of a Security Clearance
The purpose of a security clearance is to have access to sensitive or classified information. Thus, a revocation hearing is to decide if the employee who holds the security clearance is suitable to continue to access classified information.
No person has the “right” to a security clearance. This is well-defined in the U.S. Supreme Court’s note in Department of Navy v. Egan, 484 U.S. 518, 528 (1988), that “the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials.”
Under Egan and the directives governing a security clearance, any doubt about whether the person should be allowed continued access to classified information should be resolved in favor of protecting national security.
Department of Defense Directives
Security clearance revocation hearings are governed by a Department of Defense (“DoD”) directive. The DoD Directive contains a variety of guidelines to determine the eligibility for continued access to classified information. These “guidelines” are categorized as follows:
- Allegiance to the United States;
- Foreign Influence;
- Foreign Preference;
- Sexual Behavior;
- Personal Conduct;
- Financial Considerations;
- Alcohol Consumption;
- Drug Involvement;
- Psychological Conditions;
- Criminal Conduct;
- Handling Protected Information;
- Outside Activities; and
- Use of Information Technology Systems.
The DoD Directive applies also to other federal agencies.
Government’s Role in Security Clearance Revocations
Using the Department of Defense as an example (many if not most of the security clearance revocations are within the Department of Defense), it Defense Office of Hearings and Appeals attorneys represent the Department by advocating the revocation of the clearance. These government attorneys bring the allegations based upon supposed violations of the guidelines listed above.
For example, if a security clearance holder is charged with a crime, either a felony or a misdemeanor, the DoD attorneys can allege Criminal Conduct pursuant to Guideline J. If a clearance holder had old tax liens, the government may allege violations of Guideline F, Financial Conditions and/or Guideline E, Personal Conduct.
The government attorneys will present evidence in the form of records, including statements of the accused, and documents of the supposed conduct, such as criminal judgments, financial status, bankruptcy filings, medication reports, contacts with foreign nationals, etc.
Revocation Process
The parties will prepare and proceed with a security clearance revocation hearing as if the matter were a trial in a criminal case or an administrative matter. The parties can make opening statements, present exhibits and testimony, and make closing arguments. Prior to the hearing, the attorney for a security clearance holder may submit a brief outlining the issues favorably to the client. This brief is an important document that should be submitted prior to the hearing, as it provides the judge your responses to the government, and other favorable information.
The government has the burden of presenting evidence to establish facts alleged in their “Statements of Reasons” that contain the formal allegations. However, the clearance holder has the ultimate burden of persuasion to obtain a favorable clearance decision.
Evidence / Factors Considered
The court will consider two (2) types of conditions that are reflected in the evidence presented. One type is disqualifying conditions, which are the allegations and the evidence the government presents to support them. The second type of condition is mitigating conditions, which refute or attempt to refute the allegations presented by the government.
Factors the judge can consider include:
- The nature, extent, and seriousness of the conduct;
- The circumstances surrounding the conduct;
- The frequency of the conduct;
- The individual’s age at the time of the conduct;
- Whether the participation is voluntary;
- Rehabilitation and other behavioral changes;
- The motivation for the conduct;
- The potential for pressure, coercion, exploitation; and
- The likelihood of recurrence of the conduct.
Potential Outcomes
A person who is granted access to classified information enters into a contractual relationship with the government. So, there is no presumption in favor of granting or continuing access to classified information.
A favorable clearance decision allows the clearance holder to continue to access classified information, and an unfavorable decision revokes the existing security clearance, which prevents access to classified information at any level.
Contact Attorney John R. Teakell
If you received a revocation notice, or if you are under investigation, contact former federal prosecutor John Teakell. Mr. Teakell will use his experience to work to keep your security clearance, regardless of the allegation. Fill out a contact form here.
Alien Smuggling, Harboring Aliens and Other Immigration Crimes
Generally
The United States Code contains several federal statutes concerning criminal offenses of “aliens” or “illegal aliens.” The most common ones known to the public are illegal re-entry (after deportation), and alien smuggling, or “immigrant smuggling,” as it is sometimes called.
The federal statutes that criminalize activities towards aliens are found in and near §§1324 – 1327 of Title 8 of the U.S. Code. These cases are “federal cases,” and thus, are prosecuted by the United States Attorney’s Offices. Usually, they are investigated by agents of the U.S. Customs and Border Protection, U.S. Border Patrol, U.S. Immigration and Customs Enforcement (“ICE”), and/or other areas of U.S. Homeland Security.
Deportable
These cases are prosecuted by the United States Attorney’s Office, yet they are different from other federal criminal cases. This means that the defendants in these cases are deportable from the United States after criminal prosecution. ICE will have a detainer, or “hold,” on the defendant in the criminal case. The hold does not allow the defendant to be released on bond or when the criminal case is finished. Rather, the immigration hold will prevent the defendant’s release by transferring him/her to the custody of ICE. There, his/her issue of deportation will be addressed. If the immigration service judge issues an order of deportation, then the defendant will be deported after serving a sentence of imprisonment in the criminal case.
Charges
Criminal charges – from illegally transporting, smuggling, marriage fraud, or harboring aliens – are found together in the U.S. Code. The most common and frequently used statutes for such violations are the following:
- Bringing Aliens at a Place Other Than a Port of Entry — 8 U.S.C. §1324(a)(1);
- Bringing Aliens in Any Manner Whatsoever – 8 U.S.C. §1324(a)(2);
- Transporting/Moving Aliens – 8 U.S.C. §1324(a)(1);
- Concealing, Harboring, or Shielding Aliens from Detection – 8 U.S.C. §1324(a)(1);
- Encouraging or Inducing Aliens – 8 U.S.C. §1324(a)(1);
- Conspiracy to Commit Any Alien Smuggling or Transporting (as listed above) – 8 U.S.C. §1324(a)(1);
- Aiding and Abetting Smuggling / Transporting Aliens – 8 U.S.C. §1324(a)(1);
- Improper Entry by Alien (Improper Time or Place) – 8 U.S.C. §1325(a);
- Marriage Fraud – 8 U.S.C. §1325(b);
- Immigration-related Entrepreneurship Fraud – 8 U.S.C. §1325(d);
- Reentry After Deportation – 8 U.S.C. §1326
- Aiding or Assisting Certain Aliens to Enter – 8 U.S.C. §1327
Common Immigration / Alien Charges
Indictments charging federal criminal offenses concerning immigration / alien activities are often Alien Smuggling or Alien Transporting, Illegal Re-Entry After Deportation, Marriage Fraud, and Harboring Aliens.
Alien Smuggling or Transportation charges are usually the result of transporting persons who enter into the United States without citizenship. The transportation or smuggling activities for these charges can occur before, or well after, the border crossing.
Illegal Re-Entry After Deportation is based upon an entry into the United States after the person has previously been deported.
Marriage Fraud is usually based upon a person without citizenship marrying a United States citizen in order to remain in the United States. Prosecutions of these cases are based upon various factors, including the length of the marriage before a divorce, if the “married” persons actually live as husband and wife after the marriage ceremony, if they held themselves out to the community as husband and wife, etc. In other words, does the evidence show that the marriage was a sham marriage?
A conspiracy to commit marriage fraud can be based upon the citizen agreeing to marry the non-citizen, especially if the citizen is paid to do so. The prosecution would look at the same type of evidence, as well as payment. That is, was there a divorce soon after the marriage ceremony, did the husband and wife live together as husband and wife, did the couple represent themselves as husband and wife, etc?
Harboring an alien is based upon hiding the non-citizen alien or helping the illegal alien avoid detection and arrest.
Sentencing
Any person convicted of immigration / alien criminal charges in federal courts is sentenced as in any other federal case. Federal sentencings are affected greatly by the U.S. Sentencing Guidelines, which make a potential imprisonment recommendation. Even if the Sentencing Guidelines recommend imprisonment, that fact does not mean that the person charged will receive the recommended punishment.
Contact Legal Counsel
Former federal prosecutor John Teakell can help any person charged with criminal immigration / alien cases, and all federal cases. Mr. Teakell will use his years of experience and advise the best course of action for you. Fill out a contact form here.
PROSECUTIONS OF MONEY MOVERS OR “MONEY MULES” Conspirator or Money Launderer
What is a “Money Mule”
Often callers or online persons will contact people claiming that they need help, or claiming that they want to pay you, for receiving, depositing, and transferring monies. This type of person looks for someone to use to assist them in moving or laundering money. This caller will also look to profit from the victim they claim to want to employ.
This usually happens by callers claiming that they have problems with a bank, so they want to pay the victim to use their account. This person may also claim to be overseas and do not have access to banks or systems to receive and transfer monies for their business.
When a victim agrees to receive deposits for a person, then send or transfer the monies, the fraudster is using that victim as a “money mule.” This means that the caller uses a victim to move the monies in the victim’s name and account – not the caller’s account. This is done on purpose to prevent a record of money deposits and transfers from being in the caller’s name.
Common Statute
A caller will either forward a fictitious check to an agreeable victim, then instruct the victim to transfer that amount of money from the victim’s account right away. When the victim does this, he/she is left with a check that is insufficient funds after he/she transfers the money as directed.
Another practice of a caller is to send checks that will clear in the beginning, with the victim transferring monies and receiving a small payment. Then the victim receives what turns out to be a fictitious check that does not clear, leaving him/her with a loss. In these situations, the fraud caller, who uses a false name, stops contacting the victim, who is left with the loss.
A true money laundering practice is to “launder” monies that were stolen or fraudulently obtained. The caller will have the victim deposit monies into the victim’s account, then forward the monies elsewhere. This, of course, will show as a transfer or deposit from the victim, as opposed to stolen or illegally obtained monies.
Such a scheme can involve monies obtained by fraudulent representations for investments, computer programs, or government funds. The illegally obtained monies might be from computer hacking, spoofing emails to obtain bank account information or to intercept wire transfers. An obvious money mule is one who transports cash from drug trafficking. A caller recruiting you to be his/her mule may be laundering fraudulent loan money, government checks, or monies from hacking into an account. Yet the illegal source of the monies for money mules can be any kind of illegal activity.
What if I Unknowingly Transfer Illegal Monies?
The use of victims in these schemes has become more common. You can be victimized by someone leaving you with a loss, or by someone using your account(s) even if the monies cleared your account and you were paid. That is, even if the monies you received cleared and were sufficient funds, the goal of the fraudster may have been to get monies into his account from a seemingly legitimate source – you.
When stolen or fraudulently obtained monies are traced, and they lead to you and your accounts – that’s when you can be investigated. Even if you are not aware of any wrongdoing regarding the money you deposited and transferred, you may be under investigation for the stolen or fraudulently obtained monies that went into your account.
Victim can Become a Defendant
If illegal monies are traced to your account, an investigator may assume that you were part of a scheme to move or launder stolen or fraudulent monies. When a victim has to account for the monies received, the victim usually does not have a real name or legitimate contact information for the caller.
These facts can increase suspicion of federal agents, local police, or other investigators. It is important in this situation to save all information you have from the person who forwarded the monies to you.
Money Laundering and Conspiracy
A person who receives and transfers illegal monies can be considered a target of an investigation, usually for money laundering, conspiracy to commit money laundering, or conspiracy to commit fraud.
Contact Attorney John R. Teakell
If you have been contacted by law enforcement, or if you are under investigation for the transfer of illegal monies, contact former federal prosecutor John Teakell. Mr. Teakell will use his experience to defend against any potential charges of money laundering, conspiracy, or any other criminal charge. Click here to contact The Law Office of John R. Teakell today.
Federal Prosecutions for False Statement(s) to Purchase a Firearm
Purchases of Firearms
All purchases of new firearms are to be recorded and registered, with the purchaser’s information and identity. This is in part to determine if the potential purchaser has a felony conviction. If the prospective purchaser has a felony conviction, then he/she is prohibited from possessing, or purchasing, a firearm.
False Statements to Acquire a Firearm
Title 18 U.S. Code §922(a)(6) makes it unlawful to purchase a firearm from a licensed dealer by knowingly making a false statement. One of the types of false statements to do this relate to the person’s identity. Another false statement for attempting to purchase a firearm is stating the purchaser is the intended buyer of the firearm. That is, the purchaser submitting the purchase record swears, by his signature, that the firearm is not for another person. ATF Form 4473, Firearms Transaction Record (used for every new firearm purchase), has a question about ownership of the firearm. The question is: “Are you the actual transferee/buyer of the firearm(s) listed on this form?” If the purchaser answers “No” on the form, the purchase will not be allowed. If the purchaser answers “Yes” to the question, but then transfers the firearm to someone else, he could be prosecuted.
Misleading Statement
The statement has to be false or likely to deceive regarding facts of the sale, to be a crime. Falsifying the identity of the actual buyer has been held to be a false statement. Purchasing the firearm on behalf of another person is also a false statement. Purchasing for another person, or a “straw purchase,” is a very common occurrence in firearms false statement cases.
Straw Purchases
The person who completes and submits the Firearms Transaction Record, with intent to give to another person, is the “strawman.” The straw purchase is designed to hide the identity of the intended, true owner. So the person buying and submitting the form, is called the strawman, as the middle man in the true transaction. The true transaction, not reported, is the purchase for the other person. A straw purchase occurs with these facts, and therefore a false statement, even if either person could legally purchase a firearm.
Action / Case
If you are under investigation for a false statement case or any other federal case, contact former federal prosecutor John Teakell. Mr. Teakell can advise you, promote your defense, and navigate the federal criminal process.
Persons Prohibited from Possessing Firearms, Including Juveniles
Introduction
Among the many firearms violations listed in Title 18 of the U.S. Code, are those in the “prohibited persons” section. Section 922(d) is a list of person who are prohibited from possessing a firearm.
Prohibited Persons – Title 18 U.S. Code Section 922
The language of the federal statute that excludes people from possessing firearms is summarized here:
Who is Prohibited?
The basic list of persons prohibited from receiving, possessing, or accessing a firearm is:
- “unlawful user” or person “addicted” to a controlled substance (drug)
- a person who is formally charged with a crime, that is, a person under Indictment
- a mental defective person, or person committed to a mental facility
- an illegal alien
- a person who is the subject of a protective order or restraining order for stalking, harassing, or threatening a person
- a person who has been convicted of a “domestic violence” charge
Remember that any person convicted of any felony offense is also prohibited from possessing a firearm. The list of prohibited persons applies to persons not convicted of a felony offense.
User of, or Addict to, Controlled Substances
An “unlawful user” is a person who uses drugs without a physician’s prescription and is forbidden to possess a firearm. In determining who is an unlawful user, you have to look at several factors. Prior arrests, use history, pending charges, investigations, and convictions can be used to determine if the person is a user.
Illegal Aliens
Illegal aliens are prohibited from possessing firearms, unless they are present in the United States because of a non-immigrant visa.
Protective Order / Restraining Order
A person subject to an order due to stalking, harassing, or threatening a person, is prohibited from possessing a firearm.
Domestic Violence
Anyone convicted of a family violence or domestic violence charge, such as Assault – Family Violence, is not allowed to possess a firearm. This comes from the federal Gun Control Act. This prohibition against possessing a firearm is true even if the charge results in a misdemeanor conviction. This is true even for a conviction of a domestic violence charge in municipal court, where traffic violations are prosecuted.
Juveniles
Juveniles are also prohibited from possessing firearms, except in limited circumstances. Title 18 U.S. Code §922(x) prohibits juveniles from firearms possession, with some exceptions.
The exceptions, in summary, that allow juveniles to possess firearms are:
- temporary possession (with permission of the parents) for farming, ranching, target practice, or hunting;
- and possessing a handgun in a residence when the need for self-defense arises.
Action
Federal sentences are often harsh. If you are charged with a prohibited person firearm offense, or any federal case, contact federal defense attorney John Teakell. Mr. Teakell will use his experience to guide you through an investigation, and work your defense in any criminal case.
Federal Robbery Prosecutions, or Business Robberies (Interference with Commerce by Threats or Violence)
Robbery is a crime that is traditionally prosecuted in state court, along with charges such as assault, theft, and manslaughter. These types of cases are routinely prosecuted as street crime, which usually does not have a federal connection. Call John Teakell to help you or someone you know handle a Federal Business Robbery.
CARRYING OR USING A FIREARM DURING DRUG TRAFFICKING Also Known as a “924(c)” Charge
Generally
Drug trafficking or drug activities are often prosecuted in federal court, especially if the activities are on a larger scale. The U.S. Code makes it a separate crime if you carry OR use a firearm during a drug trafficking offense. This charge is known by many persons who have some familiarity with federal criminal charges. It is commonly known as a “924(c).” This is because the charge is at 18 U.S. Code §924(c). Many persons are familiar with the “924(c)” is because of the serious effect this charge can have at sentencing. A 924(c) can add additional years to a drug charge that already recommends imprisonment from the U.S. Sentencing Guidelines.
Statute
The federal statute that makes the 924(c) charge reads:
“…any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime —
(i) be sentenced to a term of imprisonment of not less than 5 years;
(ii) if the firearm is brandished, be sentenced to a term of imprisonment of not less than 7 years; and
(iii) if the firearm is discharged, be sentenced to a term of imprisonment of not less than 10 years.”
Elements / What the Statute Covers
The requirements for a prosecution under this statute include the following elements supported by evidence. A prosecutor would need to prove:
- A person uses, OR a person carries;
- OR a person possesses in furtherance of a drug trafficking crime;
- A firearm;
- During and in relation to a drug trafficking offense;
- OR during and in relation to a crime of violence.
Basically, the statute was aimed at persons who would further gun violence during the trafficking of illegal drugs.
Carry or Use
A person, who is involved in a drug trafficking crime has only to “carry” or somehow “use” a firearm to be guilty of this separate 924(c) crime. A drug offense could be a conspiracy to distribute illegal drugs [“controlled substances”], possession of a controlled substance with intent to distribute, possession of a controlled substance, or maintaining a house where drugs are trafficked.
A person prosecuted does not have to point the firearm, or threaten to use it. He/she only has to possess the weapon or somehow “use” it. The use could involve more action, such as making it visible or pointing it.
Firearm
A “firearm” is commonly called a “gun” or a “weapon.” It can be a handgun, rifle, shotgun, or automatic weapon. The firearm must be capable of expelling a projectile (bullet) when “fired.”
During and In Relation to Drug Trafficking Crime, or Crime of Violence
More commonly, this 924(c) charge is used when a firearm is discovered on a person who is involved with drugs. The drug charges can include distribution, possession with intent to distribute, or conspiracy. Whether a person only possesses a weapon, or brandishes or fires it, it must be related to drug activities. The same relates to a person being charged with 924(c) if in relation to a crime of violence.
Penalties and Enhancements
As stated above in “II Statute,” a person who is prosecuted for this additional charge will receive additional years to a sentence. If a person merely possesses or uses the firearm, he/she will additionally receive at least five (5) years. If the firearm is brandished or fired, the additional sentence would be seven (7) or ten (10) years.
Below is a list of more sentencing enhancements based on the firearm:
“If the firearm possessed by a person convicted of a violation of this subsection–
(i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, the person shall be sentenced to a term of imprisonment of not less than 10 years; or
(ii) is a machine gun or a destructive device, or is equipped with a firearm silencer or firearm muffler, the person shall be sentenced to a term of imprisonment of not less than 30 years.
(C) In the case of a second or subsequent conviction under this subsection, the person shall—
(i) be sentenced to a term of imprisonment of not less than 25 years; and
(ii) if the firearm involved is a machine gun or a destructive device, or is equipped with a firearm silencer or firearm muffler, be sentenced to imprisonment for life.”
Negotiations of This Charge
Drug trafficking cases are commonly prosecuted in federal court, which is usually conspiracy, distribution, and possession with intent to distribute. Sometimes people are also charged in federal court with maintaining a house where drugs are sold. This means that firearm charges related to these charges are also commonly prosecuted in federal court.
Due to the harsh penalties of this charge, if a person is under investigation for federal drug activities, he/she should obtain counsel. This is to not only try to stop potential charges but to try to negotiate or eliminate additional charges. This is especially true about firearms/weapons/guns related to drug case activities.
Contact Attorney John Teakell
If you have been arrested, or if you are under investigation for firearm charges, contact former federal prosecutor John Teakell. Mr. Teakell will use his experience to defend against firearm or drug charges, or in any criminal case.
Amber Guyger Testifies in Court: ‘I Hate That I Have to Live With This’
On Friday, after a year of silence, the world finally got to hear Amber Guyger’s account of the fatal shooting of Botham Jean.
Through frequent tears, the former police officer of the Dallas Police Department described the evening she shot and killed Botham Jean, an accountant, after allegedly mistaking his apartment for her own. According to Guyger, she fired the gun at Jean because she feared for her life—after entering his apartment the night of September 6, 2018.
Former Dallas Police Officer Amber Guyger Testifies in Court
She described how she unintentionally parked on the third floor, one level above hers, and walked toward Botham Jean’s apartment which was directly above her own. The prosecutor, going off of a phone call Guyger just had with her police partner and former romantic interest Martin Rivera, argued Guyger didn’t seem bothered at all.
“I saw [the door] was cracked open,” Guyger recounted of the moment she entered her key in Jean’s door.
“I heard moving around inside my apartment. Whenever I fully opened the door, I saw this silhouette figure standing in the back of the apartment by the window. I yelled at him, ‘Let me see your hands, let me see your hands.’ I couldn’t see his hands… I thought he was going to kill me.”
Conflicting Evidence Becomes Clear
However, earlier this week, three of Botham Jean’s neighbors testified that they did not hear anyone yell “let me see your hands,”—or any command for that matter—before they heard two gunshots.
Guyger, on the other hand, testified that she followed her police training: from the commands she claimed she yelled to the double-tap, or two shots, that she fired at Jean. However, she said it never crossed her mind to retreat and wait for backup in order to ensure her safety.
“[Using lethal force] was the only option that went through my head,” Guyger told the prosecutor.
Despite jumping to lethal force, Guyger claimed she tried to save Jean after firing the shots. She called 911 after the shooting while performing what she called a “sternum rub” on Jean.
“I wanted him to keep breathing,” Guyger claimed. “The state he was in, I knew it wasn’t good.”
She never mentioned fearing for her life or thinking Botham Jean had a weapon during both her 911 call and initial conversations with fellow police officers. After the prosecutor asked why she didn’t warn officers about Jean potentially having a weapon (as she claimed was her initial belief), Guyger made the following claim: “I didn’t say [he was coming towards me] but I know he did.”
Towards the end of her direct examination by defense attorney Toby Shook, Amber Guyger tearfully apologized for killing Botham Jean.
“I hate that I have to live with this. I wish he was the one with the gun and killed me.”
Amber Guyger told the prosecutor that she was back to sending Martin Rivera sexually explicit text messages, including messages about needing “to get drunk,” two days after killing Botham Jean. However, she deleted her texts with Rivera after the shooting; according to Guyger, she felt bad about the fact that he was married.
Murder, Manslaughter or Criminally Negligent Homicide?
After the initial shooting of Botham Jean, Amber Guyger was taken into custody on a manslaughter charge. However, as key facts of the case surfaced, she was indicted for murder. A murder charge would state that Guyger intentionally shot Jean, killing him.
A manslaughter charge would state that Guyger acted recklessly, resulting in the death of Botham Jean.
A criminally negligent homicide charge would imply that Guyger acted criminally negligent, resulting in Botham Jean’s death. According to prosecutors, this charge may be considered for Guyger.
In the end, it’s up to the judge to decide whether evidence supports a murder charge, manslaughter charge, or a lesser criminal charge for the jury to consider.