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Here's why the city of Dallas wasn't held liable in the Botham Jean shooting

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Here's why the city of Dallas wasn't held liable in the Botham Jean shooting


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A Dallas appellate attorney says he is not surprised at the award handed down in the wrongful death civil trial of former Dallas Police Officer Amber Guyger.

It was a record number for a case where a police officer — off duty, but in uniform — killed an innocent man, Botham Jean.

Appellate attorney Thad Spalding says he’s not surprised at Wednesday’s $98.6 million judgment for the Jean family in the wrongful death lawsuit against Guyger.

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“I think it’s a very natural reaction to what the facts they were presented with,” he said.

The family was awarded $38.6 million in compensatory damages and $60 million in punitive damages.

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“It’s hard to quantify the loss of a loved one,” Spalding said. “And so the way this law works is we put this in the hands of the jurors who get to hear the witnesses, get to hear the family members and decide based on that testimony.”

Family attorney Daryl K. Washington said the city should share in liability with Guyger, but the city filed a motion to be removed from the lawsuit, which was granted.

“The city of Dallas hired Amber Guyger. The city of Dallas was responsible for training Amber Guyger on the night that Botham was killed,” Washington said. “The city of Dallas, the police officers protected Amber Guyger. And yet when you have a situation like this, they kick police officers under the bus, and they run away from the liability.”

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A U.S. Supreme Court case decided in 1978 called Monell Liability keeps municipalities, in many instances, from exposure in these kinds of excessive force civil rights violation cases.

“What the U.S. Supreme Court said under the civil rights statute that this case was brought under is that a city is not responsible in that same way for its officers’ conduct,” Spalding said.

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So while Guyger was considered acting as a police officer, although off duty when she fatally shot Jean in his own apartment, the city has no financial responsibility for her actions.

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“In any other scenario, if you’re driving a truck for a company, and you crash into somebody, and you’re negligent when you do that, you’re acting within the scope of your employment,” said Spalding. “And so your employer is responsible.”

Spalding has appeared before the Fifth Circuit and Supreme Court in Monell Liability cases. He says in order to win against Monell Liability, you have to prove one thing.

“It essentially requires that incidents like this have happened multiple times in the past, that the city was aware of these incidents having happened, and that they didn’t do anything about it,” he explained. “It’s what’s called ‘deliberate indifference.’”

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For Jean’s family and others, it’s a high bar to cross, which is why, more times than not, cities are dismissed from these types of lawsuits.



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Dallas, TX

Friends are rallying for Ruby Gonzalez’s family after the crash

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Friends are rallying for Ruby Gonzalez’s family after the crash


A young mother is dead and her husband remains hospitalized after Dallas police said the couple was hit and killed by a wrong-way driver along US-75 early Monday.

“She’s been that person connecting everybody. She can get this whole group together,” said Samantha Cosio.

Amanda Martinez, Evelyn Duarte and Samantha Cosio said 30-year-old Ruby Gonzalez was the glue of their friend group.

“Ruby had this energy where we just all gravitated towards her,” said Cosio.

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They say it’s hard to comprehend that someone who loved life is suddenly gone.

“It’s just a nightmare,” said Evelyn Duarte.

Dallas police said Gonzalez and her husband were driving in the southbound lanes of North Central Expressway near Royal Lane, when they were hit head on by a wrong-way driver just after one a.m. Monday.

The wrong-way driver and Gonzalez were killed.

Friends say her husband, Kevin, remains in critical condition in the ICU.

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Her parents have taken over caring for their three children.

“She was always with her children. She lived for them, and now I’m so, so worried about them. I’m praying so hard that Kevin will make it and he’ll be ok, but they’ll never have what they had with Ruby being gone,” said Amanda Martinez.

The couple’s youngest is just two months old.

“He’ll never get to know how beautiful and how much of a light that she was,” she said.

Friends have started an online fundraiser for the family. They say Gonzalez gave them each other.

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Now they’re stepping in to fill the gaping hole she leaves behind, while trying to live life a little more like Ruby.

“She taught me how to live and you know, take the trip, wear the dress, put the heels on, you know, enjoy your life while you can, take the pictures now,” said Martinez.

Police say the wrong-way driver died at the scene. The medical examiner identified him as 23-year-old Christopher Ourfalian.



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Ranking the top 10 players on the Cowboys’ 2026 roster: #8 Tyler Booker

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Ranking the top 10 players on the Cowboys’ 2026 roster: #8 Tyler Booker


Just a little over a week stands between the Dallas Cowboys and the start of 2026 OTAs. While the offseason has not fully come to an end, Dallas and the other 31 NFL franchises have made almost all of the significant moves they will make before the start of training camp.

Dallas’ roster looks significantly different from what it did at this time last year, particularly on the defensive side of the ball. With that thought in mind, today we continue our series ranking the top 10 players on the Cowboys roster for the 2026 season.

2025 Recap: It’s no secret the Cowboys love drafting talented offensive linemen in the first round. Dallas stayed true to this pattern in 2025, using another premium selection to once again upgrade the unit.

As we all know, the Cowboys decided on Tyler Booker out of Alabama. The selection came with a bit of a mixed reaction. Some believed Dallas was investing too much premium capital in the offensive line with other positions of need, but others were thrilled about Booker’s NFL projection and what he could add to the Cowboys’ offense.

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Flash forward a year, and those who were excited about the Booker pick are looking very right. The Alabama product had a fantastic rookie year, starting 14 games and looking like the next potential star at right guard. Booker finished the year with the seventh-highest (76.8) run blocking grade in the league, and his 72.0 overall offensive grade was just a little over one point behind Pro-Bowler Tyler Smith (73.5).

Booker was a force to be reckoned with in the run game and made a clear impact on Dallas’ ability to run the ball to the right side. While pass protection was not as strong as his work in the run game, Booker was nothing close to a liability. The rookie allowed only three sacks and went five of the final six games of the regular season without being called for a penalty.

2026 Preview: After such a great start to his NFL career, expectations are sky high for Booker in year two. With Tyler Smith already locked up long-term, the Cowboys could be looking at having the best guard duo in the league in the coming years.

It’s hard to believe, but Booker is still only just 22-years-old. As he matures both physically and mentally, he is likely only going to sharpen his craft and become an even better player than he was during his rookie year.

The Cowboys have plenty of talent on their roster, but Booker is more than deserving of the eighth spot in these rankings. It’s not easy for rookie offensive linemen to come in and seamlessly transition to playing at the next level, but that is exactly what Booker did. He made the Cowboys look very smart for selecting him 12th overall, and if he can stay healthy, he should have no problem making his first Pro Bowl and potentially All-Pro team this upcoming season.

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Prediction: Tyler Booker builds upon his impressive rookie year, starting all 17 regular-season games and making his first Pro Bowl.



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Dallas felon arrested after allegedly shooting 14-year-old inside vacant Pleasant Grove home

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Dallas felon arrested after allegedly shooting 14-year-old inside vacant Pleasant Grove home


A 14-year-old who lives in Pleasant Grove is at a children’s hospital recovering after he was struck by a shotgun round.

The injured teen was shot about a quarter mile away from his home. Police say the teenager ran while bleeding in his home, where his family called 911 frantic to get him to a hospital.

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Felon arrested after teen shot in Pleasant Grove

What we know:

66-year-ikd Victor Burnett is facing multiple aggravated assault charges and also unlawful possession of a firearm by a felon. 

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It’s the latest in a lengthy arrest history for Burnett in Dallas County.

Burnett is accused of shooting two teens who were inside a vacant home in Pleasant Grove on Tuesday evening around 7pm.

Police say a 14-year-old boy was struck and ran back home on Godfrey Avenue. His 15-year-old friend took off in a different direction across the family’s front porch, and was caught on RING video.

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Witness photo and flock cameras lead to suspect

Dig deeper:

A second call to police came in from a witness, stating they saw Burnett with a shotgun getting into a green Dodge pick-up truck parked in the grass field.

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This witness is key in the investigation, taking a picture of Burnett’s license plate before he took off.

Flagged by a flock camera just a few miles away, Burnett was then taken into custody of Jim Miller Road.

Suspect claims teens were trespassing

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What they’re saying:

According to Burnett’s arrest warrant affidavit, he told police, “juveniles were constantly breaking into vacant/unoccupied new-built homes.”

The 15-year-old, who was not shot, admitted to police they were inside the vacant house and said, “Burnett entered the home, and then they heard a gunshot.”

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Thats when “they together jumped out of one of the windows of the bedrooms and ran together and that is when his friend was shot.”

Relationship with Victor Burnett

What’s next:

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FOX 4 checked out the vacant home on Thursday and multiple windows were damaged, one clearly with a bullet marker from police. 

Also, outside the new build, cameras and a sign that says ‘No Trespassing’, in the middle of construction, are being built by Robbie Hale Homes. The builder told FOX 4 over the phone on Thursday, that Burnett isn’t employed at the company, but confirmed he has been contracted out to mow lawns or provide security.

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The suspect, Victor Burnet, was brought back to police headquarters. A quick search by police, and they learned he’d been convicted of sexual assault and therefore is not permitted by law to own a firearm. 

Police say they found a shotgun and a stolen pistol in his truck.

The Source: Information in this article was provided by FOX 4’s Peyton Yager.

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Crime and Public SafetyPleasant Grove



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