DALLAS — The Jean and Findley families arrived in Dallas for the five-year anniversary of Botham Jean's death. They were hoping for a quiet moment as a family at the cemetery, but instead, stood in front of the Dallas Police Department headquarters fighting for accountability.
"This is the city that took away my son. Could you imagine how I feel on entrance into Dallas? It is painful. It is hurtful. I'm sorry, I hate Dallas," Botham's mother Allison Jean said in front of attorneys, faith leaders and community organizers.
It has been five years since Allisa Findley heard her brother's voice. Findley wrote a book called "After Botham," which details her journey to healing. Findley says it took a long three years to let go of the anger, pain and suffering.
"Sometimes, I still call his phone and expect him to answer. It always feels like yesterday," said Findley.
Jean was murdered in his apartment on Sept. 6, 2018 by Dallas Police Officer Amber Guyger. WFAA asked Findley if the notion that time heals wounds is true.
"No, I think what time does is get you used to the wound," answered Findley.
At a press conference Wednesday, Sept. 6 in front of the DPD headquarter, the family told the media that the city of Dallas has not been accountable for Botham's death and to the family.
"You have people who are grieving, you have people hurting," said attorney Daryl Washington.
Washington and the family told WFAA the city has yet to meet with them.
"It has been five years to the day and we're still waiting to have a conversation with your mayor. We're still waiting to have a conversation with your city council," said Findley.
Washington said Dallas is an inactive litigant in their civil case. Other litigants named in the suit are slowly being mediated over time.
"It's not all about money. It's about taking responsibility for a very bad act," said Washington.
Washington said the city of Dallas is hiding behind the Monell Doctrine, which is a a federal statue that may absolve the city of liability in Botham's death. According to a court opinion in Monell v. NYC Department of Social Services, "A municipality may not be sued under § 1983 solely because an injury was inflicted by its employees or agents, however. Id. at 694. Instead, it is only when execution of a government's policy or custom inflicts the injury that the municipality as an entity is responsible."
"The city has basically hidden behind this technicality because we believe cities should be responsible for the acts of their officers," said Washington.
WFAA asked the city of Dallas about the claims made by the family and a spokesperson said they cannot comment because a case is pending.
The family says if they had true justice Botham Jean would still be alive. Instead, five years later, the family would rather be here mourning than fighting.
"If I have to move to Dallas to make sure Botham gets accountability, I will," said Findley.