DannyDuberstein said:
If this wasn't mistake of fact, then mistake of fact shouldn't exist.
Analysis doesn't end there.
Quote:
Texas Penal Code 8.02 Mistake of Fact
(a) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.
(b) Although an actor's mistake of fact may constitute a defense to the offense charged, he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed.
If the prosecution doesn't disprove reasonableness of the mistake, you still have to evaluate what happened next with in an alternative scenario where she was right about her mistake. Essentially, if mistake of fact is in play, then you have to look at what she did as though she were in her own home. I think this is why the judge allowed the defense to argue the castle doctrine over the prosecution's objections.
It was uncontested after she took that stand that she intentionally caused Jean's death, so essentially here was the prosecution's case:
(1) Guyger wasn't reasonable in mistaking her apartment because of all the various difference she should have noticed.
(2) Even if you think she was reasonable in thinking it was her apartment, she had no cause to shoot an unarmed man sitting there watching TV and eating ice cream. There was no threat to her to justify homicide.
On the flip side, here was the defense's case
(1) She was totally reasonable in thinking it was her apartment because the door wasn't locked/set, and here are 100 other people this happened to.
(2) If you agree that she was reasonable, then she was also justified in using deadly force to stop Jean.
So was she justified in using deadly force under 9.32 or 9.42? Did the jury believe he was sitting there, eating ice cream when she approached him?
In other words, they could have bought mistake in fact, but still believed the homicide wasn't justified, ergo, she is guilty of murder.