The family of Botham Jean plans to file a separate lawsuit against South Side Flats, the apartment complex where he was fatally shot, the Dallas Morning News says.
The publication quotes Jean family Attorney Lee Merritt as having said Saturday that a confusing layout on the upper floors, coupled with a faulty door mechanism, created circumstances that led to Jean’s death in September 2018.
The 26 year old Saint Lucian was fatally shot by Amber Guyger, then an off duty Dallas police officer.
Guyger claimed she thought Jean’s apartment was hers and he was a burglar.
She was fired from the force, indicted for murder and in October last year sentenced to 10 years in jail.
During Guyger’s trial, an investigator testified that Botham Jean’s door was defective.
“It wouldn’t shut all the way,” Attorney Lee Merritt said, adding that if the door had shut all the way Amber Guyger would have been unable to enter the young man’s apartment.
Recently, a federal court removed the City of Dallas from from a civil lawsuit filed on behalf of the Jean family.
The lawsuit had argued, among other things, that better police training could have prevented the death of Botham Jean.
But District Judge Barbara Lynn disagreed, saying the suit failed to prove the city’s liability.
That judgement is being appealed.