Texas Ranger David Armstrong says ear pods were found on the floor of Botham Jean's floor as he's questioned by defense attorney Robert Rogers, right, as he testifies in fired Dallas police officer Amber Guyger's murder trial, Wednesday, Sept. 25, 2019, in Dallas. Guyger is accused of shooting her unarmed black neighbor in his Dallas apartment. (Tom Fox/The Dallas Morning News via AP, Pool)

Investigator: Dallas cop's killing of neighbor wasn't crime

September 25, 2019 - 3:03 pm

DALLAS (AP) — The lead investigator in a white Dallas police officer's fatal shooting of a black neighbor in the man's home says he doesn't think the officer committed a crime.

The jury in Amber Guyger's murder trial wasn't present Wednesday when the Texas Department of Public Safety's David Armstrong said he believed she acted reasonably after perceiving Botham Jean as a threat. His comments came while being questioned by Guyger's attorneys on the trial's third day.

But State District Judge Tammy Kemp ruled that the jury couldn't hear the Texas Ranger's opinion of the reasonableness of Guyger's actions.

Guyger, who was off-duty but in-uniform when she shot Jean last September, has said she mistook his apartment for her own.

In the jury's presence, Armstrong testified Guyger lived directly below Jean and that going to the wrong apartment was common at that complex.

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