After a search warrant was executed in the Texas apartment where Botham Jean was shot dead by a police officer who said she had entered by mistake, an attorney for the victim's family is calling the discovery of marijuana an attempt to smear the man.
Jean, 26, was shot dead in his apartment last week by Dallas police officer Amber Guyger, who claims she mistook his apartment for her own.
Police then gained a search warrant for the home and found 10.4 grams of marijuana, according to an affidavit.
Lee Merritt, Jean’s family attorney, said the multiple warrants police issued “highlights just sort of the nefarious nature of their investigation.”
“They went in with the intent to look for some sort of criminal justification for the victim,” Merritt told USA Today. “It's a pattern that we've seen before ... We have a cop who clearly did something wrong. And instead of investigating the homicide — instead of going into her apartment and seeing what they can find, instead of collecting evidence relevant for the homicide investigation — they went out specifically looking for ways to tarnish the image of this young man."
An affidavit also listed that the following items were found during the apartment search: two bullet casings, a police backpack, a lunch box, laptop computer, metal marijuana grinder, two electronic keys and two used packages of medical aid.
Guyger told police she entered Jean’s apartment on Sept. 6 after realizing the door was slightly cracked. She saw a figure in the dark and fired her weapon after Jean did not obey her verbal commands. She said she thought he was burglarizing her home.
She told police it wasn’t until she turned on the lights that she realized she was in the wrong apartment, an affidavit said. She then called 911.
Guyger was tested for drugs and alcohol after the incident but the findings of those tests have not been released.
Jean’s family had previously said they do not believe he would have left his door open.
Guyger has been charged with manslaughter and is free on $300,000 bond.