Dallas officer Amber Guyger says she mistook accountant Botham Jean’s home for her own when she shot him dead. Why is she free?

The lawyer for the family of a man who was gunned down at his home by a Dallas police officer, who says she mistook the man’s apartment for her own, is calling for her to be arrested and charged, saying the fact that she remains free days after the shooting shows she’s receiving favourable treatment.

S. Lee Merritt, who is representing the family of 26-year-old Botham Jean, said Saturday that the family isn’t calling on the authorities to jump to conclusions or to deny Officer Amber Guyger her right to due process. But Merritt, flanked by members of the family and Mothers Against Police Brutality, said they want Guyger “to be treated like every other citizen, and where there is evidence that they’ve committed a crime, that there’s a warrant to be issued and an arrest to be made.”

Guyger, a four-year veteran of the police force, hadn’t been charged as of Sunday morning, according to city of Dallas and Dallas County online records. The police department released her name Saturday night, which was two nights after she shot and killed Jean.

Police Chief U. Renee Hall said the day after the shooting that her department was seeking manslaughter charges against Guyger. But she said Saturday that the Texas Rangers, who have taken over the investigation, asked her department to hold off because they had learned new information and wanted to investigate further before a warrant was issued.

Police on Sunday morning referred questions to the Rangers, who didn’t reply to phone messages seeking comment.

According to police, Guyger shot and killed Jean after returning in-uniform to the South Side Flats, where they both had apartments, following her shift. She reported the shooting to dispatchers and she told officers who responded that she had mistaken Jean’s apartment for her own.

Many questions remain about what led Guyger to shoot Jean. Hall said the officer’s blood was drawn at the scene so that it could be tested for alcohol and drugs. Investigators haven’t released the results of those tests.

Jean’s mother, Allison Jean, wondered whether race could have been a factor. Her son, who grew up in the Caribbean island nation of St Lucia before attending college in Arkansas, is black. Guyger is white.