DALLAS, Texas — Botham Jean's 33rd birthday would have been on Sunday, September 29.
His mother, Allison Jean, is currently in New York spending time with her daughter, reflecting on her son and his life, and advocating for Jean's killer, former Dallas officer Amber Guyger, not to be granted parole.
Guyger became eligible for parole the same day as Jean's birthday after serving five years of a ten-year sentence for Jean's murder.
"I have always felt that the 10-year sentence was inadequate," Allison Jean told WFAA during an interview on Monday. "If they have given her ten years--then she deserves to stay in prison for the 10-year period."
Jean reminded the public of what was at stake on Sunday--posting to Facebook about Guyger's eligibility and asking for friends, family, and anyone disturbed by her son's murder to advocate denying Guyger free air to the state.
Guyger's attorneys told WFAA that she hasn't had her parole hearing yet but automatically gets one after serving half her sentence.
"My family and Botham's extended family have all sent petitions to the parole board," Jean told WFAA. "I think it would be extremely unfair for her to be granted parole."
Jean died on September 6, 2018, in his own apartment after being shot and killed by Guyger, who had just gotten off work. Botham, a 26-year-old accountant, and St. Lucia native was eating a bowl of ice cream at the time.
At her 2019 trial, Guyger testified that she believed – wrongly -- that he was an intruder in her apartment. Guyger lived in an apartment above Jean. She'd mistakenly parked on the wrong floor of the parking garage. She missed the signs at the wrong apartment, including his red floor mat. But a malfunctioning door lock ultimately allowed her to get in.
"It was an honest mistake made by her, and the fact that that door opened just added to the horrible confluence of events," said Toby Shook, one of Guyger's defense attorneys, during an anniversary piece aired by WFAA earlier this month.
Guyger's murder charge and trial captivated Dallas and the nation. At its core, the circumstances were that of a horrific accident -- but Jean also did not deserve to die for simply enjoying the comfort of his own home.
A jury convicted Guyger of murder and sentenced her to ten years with the possibility of parole after serving five of those years. The penalty range was 5 to 99 years.
Jean's mother, Allison, has done everything she can to ensure her son's legacy is everlasting, but she told WFAA that every moment up to this point has not been easy.
"I was hoping that we would not come to this day, but it's here. It's been quite difficult--a journey of anxiety, depression, fear, grief, and pain, but we have to endure it," Allison Jean said.
Since Guyger began her sentence, her attorneys told WFAA that she's been in protective custody and spends much of her time reading and studying the Bible and availing herself of educational opportunities.
So, what are the odds that Guyger will be granted parole?
Tally Haffar, a former Dallas County and federal prosecutor now defense attorney, told WFAA that Guyger's odds are slim.
"They will look at the seriousness of her offense if she's been a model prisoner and if she's a security risk if you let her out and keep her under supervision," Haffar said.
But a murder charge won't be viewed lightly by the parole board per Haffar.
"Only a third of people convicted of a violent crime get out on their first chance--in fact, I would say it's probably less than a third. I'd be hard-pressed to see her being released on this first chance," Haffar said.
Guyger has also appealed her conviction twice and lost.
"That suggests she did not take accountability for her actions," Allison Jean said.
At the end of Guyger's trial, a jaw-dropping moment involved Bo's brother Brandt. He took the stand to speak directly to Guyger and forgave Guyger for what she did.
He even expressed that he didn't want her to go to jail over what happened. The two shared an embrace after Brandt asked if he could hug Guyger.
It was a moment that was beyond rare. WFAA asked Allison Jean if she thought about that moment as Guyger's first parole hearing approached.
"I acknowledge what Brandt did--I was happy that he did that because he did that for him," Allison Jean said. "He needed to do that for him. But for me? It does not erase the accountability that Amber Guyger has to bear for what she did to us. Our lives are all changed because of what she did to us. Forgiveness is one thing...accountability is another."
Jean's family filed lawsuits and settled for an undisclosed amount earlier this year with his apartment complex and the maker of the malfunctioning lock.
The Botham Jean Act became law in 2021. Officers must wear body cameras to keep them turned on when an investigation involves them since it became law.
The family will be in town this month for the annual gala for the foundation named in his memory. The nonprofit funds are earmarked for programs for at-risk youth.
The family's federal civil rights lawsuit against Guyger is set for trial later this year.