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Crime Games

Gamers Involved In Fatal Wichita 'Swatting' Indicted On Federal Charges (kansas.com) 432

bricko shares a report from Kansas: A federal grand jury has indicted the man accused in Wichita's fatal swatting as well as the two gamers involved in the video game dispute that prompted the false emergency call. The 29-page indictment was unsealed Wednesday in U.S. District Court for the District of Kansas. It charges 25-year-old Tyler Barriss, who is facing state court charges including involuntary manslaughter, with false information and hoaxes, cyberstalking, threatening to kill another or damage property by fire, interstate threats, conspiracy and several counts of wire fraud, according to federal court records. One of the gamers -- 18-year-old Casey S. Viner of North College Hill, Ohio -- is charged with several counts of wire fraud, conspiracy, obstruction of justice and conspiracy to obstruct justice. The other gamer -- 19-year-old Shane M. Gaskill of Wichita -- is charged with several counts of obstruction of justice, wire fraud and conspiracy to obstruct justice.
UPDATE (5/26/18): Both Barriss and Viner are now facing life in prison.
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Gamers Involved In Fatal Wichita 'Swatting' Indicted On Federal Charges

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  • by Anonymous Coward on Thursday May 24, 2018 @08:05AM (#56664902)

    Their actions caused someone's death.

    • by JMJimmy ( 2036122 ) on Thursday May 24, 2018 @09:17AM (#56665354)

      This could actually be a monumental case if the right legal team gets involved.

      There is no denying their actions were wrong, however, there's a major question as to whether the police were criminally negligent by failing to properly assess the situation prior to storming the building. A reasonable person would expect they would verify claims before acting on them.

      • by slashdot_commentator ( 444053 ) on Thursday May 24, 2018 @09:44AM (#56665552) Journal

        A reasonable person would expect they would verify claims before acting on them.

        The law doesn't operate with an incontrovertible definition of "reasonable". SWAT teams operate on the notion of safety of bystanders first. They can only maximize their safety by killing the threat. The perpetrator doesn't get shot only when they do not present a threat to either the police or bystanders/hostages.

        SWAT doesn't go out of their way to verify there is a combat situation before acting, because "surprise" and "speed" is how they maximize the probability of a positive result. Either the caller is correctly reporting an imminently dangerous situation, or they are lying and putting their target under deadly threat. SWAT only has to demonstrate that they operated within their RoE.

      • Re: (Score:3, Insightful)

        by Gr8Apes ( 679165 )

        This could actually be a monumental case if the right legal team gets involved.

        There is no denying their actions were wrong, however, there's a major question as to whether the police were criminally negligent by failing to properly assess the situation prior to storming the building. A reasonable person would expect they would verify claims before acting on them.

        Oh, they should be fully prosecuted with maximum sentences for the things they actually did, which may be less than they're being charged with (manslaughter for the intended target that gave an address? I'm not sure that applies but haven't read the full charges as they aren't in any of the links). The police (re)action is irrelevant to how guilty these guys are for the charges listed. That said, that doesn't absolve the police and their actions. That's a separate issue that needs to be addressed independen

      • by jrumney ( 197329 )
        Hopefully it doesn't come down to the court deciding between the two, and they can accept that both the prank callers and the police need to face up to the consequences of their actions here.
      • as to whether the police were criminally negligent by failing to properly assess the situation prior to storming the building.

        Well, they didn't actually 'storm the building'. They just shot a random guy standing in his doorway, which I think is at least as criminally negligent as calling in a fake SWAT situation.

  • by Anonymous Coward

    So I call the police for X reason
    Police are so shit they kill someone playing video games in their room
    Police keep their jobs
    I go to jail

    _________

  • not enough (Score:4, Insightful)

    by sloth jr ( 88200 ) on Thursday May 24, 2018 @08:18AM (#56664974)
    So everyone gets charged except for the cop that actually killed a man? That seems a huge lapse of justice.
    • So everyone gets charged except for the cop that actually killed a man? That seems a huge lapse of justice.

      I thought the same thing. It shows the degradation of respect for the rights of citizens that "swatting" is even a thing.

      • by Jhon ( 241832 )

        The DA who investigated the shooting by the officer in question:

        "Bennett said he had to make a determination based on Kansas law and law handed down by the Supreme Court, which says that when determining if an officer acted reasonably, evidence has to be reviewed based on what the officer knew at the time of the shooting, not 20/20 hindsight, he said."

        • by Nidi62 ( 1525137 )

          The DA who investigated the shooting by the officer in question:

          "Bennett said he had to make a determination based on Kansas law and law handed down by the Supreme Court, which says that when determining if an officer acted reasonably, evidence has to be reviewed based on what the officer knew at the time of the shooting, not 20/20 hindsight, he said."

          The cop certainly didn't know the victim was armed (since he wasn't) when he opened fire. That is the big problem with police these days. "I thought" or "I believed" has become enough justification and evidence for the use of lethal force, not "I knew". Police now put their safety before the safety of the public. If it had been a real hostage incident and the hostage taker had forced one of the hostages to answer the door the cop would have killed a hostage. Deadly force should not be used unless a civ

  • by eric2hill ( 33085 ) <{eric} {at} {ijack.net}> on Thursday May 24, 2018 @08:18AM (#56664980) Homepage

    Shouldn't they ALSO be held accountable for showing up at a house and killing someone who WASN'T ARMED? Isn't that manslaughter? I hate the double-standard.

    • Re: (Score:2, Informative)

      by Mashiki ( 184564 )

      Police have the "reasonable belief" clause. That doesn't mean they can't be held accountable to internal policies, or state laws regarding the level of force that was used, or various police acts, or reviews of the incidents reviewed by external investigations and so on. You don't really ever hear about it because the media doesn't really care to report on it, but it happens all the time.

      • by mi ( 197448 )

        Police have the "reasonable belief" clause.

        Citations, please?

      • Re: (Score:2, Insightful)

        by DerekLyons ( 302214 )

        You don't really ever hear about it because the media doesn't really care to report on it, but it happens all the time.

        No, you don't hear about it - because it almost never happens. Only a tiny percentage of cops ever suffer negative consequences beyond slaps on the wrist for their murderous acts.

    • Kind of. They're operating as expected; I'd place more of the blame on the institution of criminal justice which has created and maintained this approach to policing.

      In other words: it's less the cops's fault as it is the legislature's, mayor's, and governor's.

      Do note I'm running to be a legislator (in US Congress), so I may have a non-intuitive assessment of the situation.

      • by mi ( 197448 )

        In other words: it's less the cops's fault as it is the legislature's, mayor's, and governor's.

        Imagine, for a second, some bright minds develop a robotic policeman — and it shoots someone in similar circumstances? Not even out of fear for its own "life", but simply because an opportunity to end a hostage-crisis presents itself...

        Would you be out seeking excuses for the robot and its designers faced with vague and self-contradictory laws and public preferences, or will you organize and lead a march dem

        • Would you be out seeking excuses for the robot and its designers faced with vague and self-contradictory laws and public preferences

          The designers are professionals given policy by those commissioning the use of the robot. States don't go, "Well, the thing does X, I guess that's what it has to do;" they go, "Hey, we think this behavior is optimal for the public good. We'll buy your robot, but only if it can operate to these specifications."

          Look at prisons in Norway. Look at prisons in Baltimore City. Now you tell me: who decides that prisons in Baltimore don't look like prisons in Norway? Who has the power to change that? Is it

      • I read your page.

        I'm more conservative and disagree with most of your stances but you must have said something I liked here since I friended you :)

        Just curious, and you probably can't really go into detail, but how many of these issues are what you support versus what are mandated by your party? (I'm not saying you are selling out - more like "I don't feel strongly about this - or have no opinion - so I can toss my support to what the party says." I'm sure what core principals you have are non-negotiable

        • The Democratic Party happens to align well with my ideals. Parts of it, anyway; there are some serious ideological differences between the party's internal factions.

          I've had the chance to think and develop positions on things I hadn't considered in a long time, and most of the Democratic Party's positions are fairly liberal and sensible. Things like individual rights and freedoms are inherently good--that spans topics like abortion, gay marriage, and worker's rights. I don't trust unions, but that's o

      • by Nidi62 ( 1525137 )

        Kind of. They're operating as expected; I'd place more of the blame on the institution of criminal justice which has created and maintained this approach to policing. In other words: it's less the cops's fault as it is the legislature's, mayor's, and governor's.

        No, it's the police's fault for fostering a militarized, "us vs them" approach. They encourage it because they want the Hummers, the surplus military weapons: they want to be "tacticool". Police in the US have a looser ROE than soldiers patrolling the streets of Iraq did, and they were in a war zone. Like I've being saying for a long time, police need to stop being law enforcement officers and go back to being peace officers.

  • by Weaselmancer ( 533834 ) on Thursday May 24, 2018 @08:22AM (#56665004)

    The charge is involuntary manslaughter. [findlaw.com]

    From that link:

    Three elements must be satisfied in order for someone to be found guilty of involuntary manslaughter: Someone was killed as a result of the defendant's actions. The act either was inherently dangerous to others or done with reckless disregard for human life. The defendant knew or should have known his or her conduct was a threat to the lives of others.

    The interesting bit is "The act either was inherently dangerous to others or done with reckless disregard for human life."

    We're admitting that simply having the cops show up is so inherently dangerous that it constitutes a reckless disregard for human life.

    • by Anonymous Coward on Thursday May 24, 2018 @08:29AM (#56665046)

      No, weâ(TM)re saying that calling armed cops who have been told that there is an active danger at a location is inherently dangerous. Thatâ(TM)s a very different thing.

    • As others have pointed out, this was not "simply having the cops show up", the defendant didn't call the cops and say "his neighbor" had weed and was playing their music too loud. Instead, the defendant made multiple false statements with the specific intent of exaggerating the threat in order to ensure the police responded with maximum force as quickly as possible. He deliberately tried to preempt any attempt by the police to negotiate or assess the situation through his portrayal of an armed suspect. Whi
  • Re: (Score:2, Interesting)

    Comment removed based on user account deletion
  • by sinij ( 911942 ) on Thursday May 24, 2018 @08:58AM (#56665216)
    No matter what, don't ever talk to cops. When these are the only charges, you know someone got railroaded.
  • Win stupid prizes.
  • what a stupid waste of life. Everybody's. Guy who got shot. Cop who shot him (and has to live with killing an innocent man) and these jokers who called the swat because they're too dumb/crazy/psycho to consider the results.
  • Comment removed based on user account deletion
    • Build a bridge and get over it.

      With all due respect, this attitude is part of the problem. It's not "getting over" that it happens, and continuing to raise a stink, IMO at least, that will eventually (with any luck, at least) get attention drawn to whether or not people in a position of power are being prosecuted when they commit a wrong (both legal and moral), and get things changed over time.

  • by Shotgun ( 30919 ) on Thursday May 24, 2018 @02:24PM (#56668028)

    I was at home in the garage with the door open. I was sandblasting some parts I was working on, so was incapacitated by having my hands stuck into the rubber gloves that are attached to the blasting box. With the air compressor rattling away, I couldn't really hear anything, and being deep into concentrating on what I was doing, I was not aware of my surroundings.

    But, when the compressor reached pressure and shut itself down, I heard someone yell, "Don't move". Looking up, there were two policemen at the end of my driveway. One had a pistol drawn. The other had a rifle. Both were pointed at the ground, but ready to point a me. They moved closer, and I was very careful to explain what I was doing and made damn sure they understood how difficult it was for me to extract my hands before I moved an inch. They were very nervous and highly agitated, and I had no desire to do anything but diffuse the situation.

    One of my son's middle school "friends" thought it was funny to play this "prank". The policemen allowed me to hear the message he left 911 where the little fucker claimed there was a shot out going on at my house, while he had a war game playing in the background. If I had not been in a VERY public place, in a VERY incapacitated predicament, the story could have been much different. I can't imagine how tense they would have been if the door had been closed. They would obviously been able to hear that something was going on inside, but I would not have been able to answer any knock or call to "come out with my hands up". As it was ( a peaceful summer afternoon), I got to show of my project and have a nice conversation, but I would have beat the snot out of that little shit if I could have gotten my hands on him.

Keep up the good work! But please don't ask me to help.

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