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Crime Games

Two Teenaged Gamers Plead 'Not Guilty' For Fatal Kansas Swatting Death (reuters.com) 149

Two more men entered pleas in federal court for their roles in a SWAT call that led to a fatal police shooting in Kansas: not guilty. An anonymous reader quotes Reuters: Shane Gaskill, 19, of Wichita, Kansas, and Casey Viner, 18, from a suburb of Cincinnati, pleaded not guilty on Wednesday and remained free on $10,000 bond, court records showed. Both of the suspects live with their parents, local media reported. In the so-called "swatting" incident, in which someone falsely reports an emergency requiring a police response, Viner got upset at Gaskill over a video game they played online, federal prosecutors said, and Viner contacted a known "swatter"...and asked him to make the false report to police at an address that had been provided by Gaskill. Viner did not know that Gaskill no longer lived at the address, but Gaskill knew, prosecutors said.

After media reports of the shooting, Gaskill urged [swatter Tyler] Barriss to delete their communications and Viner wiped his phone, according to the indictment... Barriss and Viner face federal charges of conspiracy and several counts of wire fraud. Viner and Gaskill were charged with obstruction of justice and conspiracy to obstruct justice, and Gaskill was also charged with wire fraud and additional counts of obstruction of justice.

In a jailhouse interview in January, Barriss told a local news team that "Whether you hang me from a tree, or you give me 5, 10, 15 years... I don't think it will ever justify what happened... I hope no one ever does it, ever again. I hope it's something that ceases to exist."

In April, while still in jail, Barriss gained access to the internet then posted "All right, now who was talking shit? >:) Your ass is about to get swatted."
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Two Teenaged Gamers Plead 'Not Guilty' For Fatal Kansas Swatting Death

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  • Execute Barriss (Score:5, Informative)

    by Anonymous Coward on Saturday June 16, 2018 @12:40PM (#56794964)

    He said he would do it again, voluntarily, while in prison for it. He knows it can lead to death because that's why he is behind bars yet he says he will not stop. He has no remorse and is trying to keep swatting from inside prison.

    • Re: (Score:2, Interesting)

      by Anonymous Coward

      I have a better idea: change the policing policies so that swat teams aren't deployed for stupid shit like online squabbles. Of course, then we can't push the police state agenda without those hair trigger militarized police.

      • by Anonymous Coward

        They were not deployed for an online anything. They were deployed for a hostage situation that just happened to be fake.

        I do not know why SWAT cannot use FLIR...it would have prevented this.

        • Re: Execute Barriss (Score:5, Interesting)

          by Anonymous Coward on Saturday June 16, 2018 @02:00PM (#56795292)

          the idea of swatting only started when the police started responding to everything with heavily armed SWAT.

          • by Megol ( 3135005 )

            So police shouldn't response with people with training and equipment for a certain situation? Hope you think the same thing if you ever get caught in a robbery as a hostage...

            • by Bruinwar ( 1034968 ) <bruinwar@hotmaiERDOSl.com minus math_god> on Saturday June 16, 2018 @02:56PM (#56795514)

              With a SWAT team showing up, my chances of surviving a small robbery turned hostage situation starts to drop fast. I would prefer enough law enforcement to lock down the area & one very good hostage negotiator.

            • by sjames ( 1099 )

              They should respond, but they need a lot more training, apparently. Including figuring out when the report is false (without killing people) and making sure the person they can see is a bad guy and not a hostage. Trigger happy police increase rather than decrease danger to the public.

              We've gotten to the point where an officer shot a GROUNDHOG that "lunged at him menacingly".

            • by Anonymous Coward

              So police shouldn't response with people with training and equipment for a certain situation? Hope you think the same thing if you ever get caught in a robbery as a hostage...

              The fact that they SHOT an unarmed innocent answering the door is enough to tell you the police responded with people WITHOUT PROPER TRAINING.

              Sending heavily armed people without proper training makes the situation worse even in real hostage situation, the thugs are more likely to start shooting, and also adds the chance of hostage getting killed by the police. Add in the possibility of swatting innocent people on top of that, NO, the police should NOT repond with a poorly trained team in ANY situation.

            • The police should be demilitarized. The idea that paramilitary death squads somehow make the public safer is a little silly, to say the least.

            • by Anonymous Coward

              So police shouldn't response with people with training and equipment for a certain situation?

              Of course they should. The problem is that they didn't.
              As we know they responded with people that clearly didn't have the training or the equipment to deal with the situation.
              The consequence is that an innocent man was shot to death.
              This is a real situation countering your hypothetical one.

              Speaking of hypothetical situations, in this case the swatter used a traceable phone.
              You could easily just use a disposable phone and call the police on someone without getting caught.
              Just punishing the swatter isn't enou

          • by Mashiki ( 184564 )

            the idea of swatting only started when the police started responding to everything with heavily armed SWAT.

            Police started responding like that because people demanded, infucking-letter-writing campaign style demanded that police respond in that manner. It's the same way that the black communities demanded more police, and the police engage in stop and fisk like behavior because of crack. That was in the late 90's, it's not hard to find. All the moral outrage mouth pieces from Sharpton to Jackson screeched for it.

            People got what they wanted, and they don't like that the police took it at face value.

        • by Megol ( 3135005 )

          How would FLIR prevented anything? Analyzing temperatures of outside surfaces doesn't do much. Not even the current "grail" of terahertz imaging wouldn't have done much, at best it can penetrate thin walls or doors.

  • Stupid charge (Score:5, Insightful)

    by Anonymous Coward on Saturday June 16, 2018 @12:51PM (#56795020)

    How about you charge the police officers who unjustifiably shot the victim to death with murder first?

    • Re:Stupid charge (Score:5, Insightful)

      by Riceballsan ( 816702 ) on Saturday June 16, 2018 @12:54PM (#56795040)
      honestly I do have to say, it is a bit of both on that end. 100% screw people who think falsely telling the police that there is a life and death situation. But yes doubly screw actual law officers that think innocent until proven guilty is only a thing if they arrest someone.
    • Re: Stupid charge (Score:5, Insightful)

      by Millennium ( 2451 ) on Saturday June 16, 2018 @01:00PM (#56795058)

      A hitman and his client are equally guilty: this legal principle goes back thousands of years, and should apply here as well. If a prosecutor refuses to charge the hitman (i.e. the officer), that's a serious problem that needs to be fixed. But refusing to charge the client (i.e. the swatter) just to protest not charging the hitman is counterproductive. Swatting is attempted murder, and swatters should have the book thrown at them.

    • Re:Stupid charge (Score:5, Insightful)

      by arth1 ( 260657 ) on Saturday June 16, 2018 @01:01PM (#56795066) Homepage Journal

      There's enough blame to go around.

      But the best thing to do would be to stop sending swat teams as first response.

      • Re: (Score:3, Insightful)

        by King_TJ ( 85913 )

        Except if they stopped using swat teams to respond and someone really was being held at gunpoint, as a hostage in their own home? You'd likely create a scenario where the officer who goes in to verify it's not just another prank call winds up getting everyone involved killed. Then, people would be screaming about law enforcement failing to take the call seriously enough and not leveraging the swat team taxpayer dollars funded.

        • Comment removed (Score:5, Insightful)

          by account_deleted ( 4530225 ) on Saturday June 16, 2018 @02:51PM (#56795496)
          Comment removed based on user account deletion
        • by arth1 ( 260657 )

          Except if they stopped using swat teams to respond and someone really was being held at gunpoint, as a hostage in their own home? You'd likely create a scenario where the officer who goes in to verify it's not just another prank call winds up getting everyone involved killed.

          Why send an officer?
          First, observe from afar. If it is determined without doubt that a crime is going in, take actions to stop it. Whether that is a hostage negotiator, sharp shooter, tear gas or other.
          If you see that people mill around, grilling, playing croquet and having a good time, you can also safely assume that a report of multiple gunshots and people down is downright false.
          If it cannot be determined, send someone non-threatening with training in determining what is going on.

          But keep the armed po

          • In the movie "The silence of the lambs", when the FBI received the address of where they thought Buffalo Bill was hiding, they sent an undercover agent disguised as a florist delivering some roses to the door. Agents nearby watched closely for someone to open the door. Spoiler alert - It's been nearly 30 years. If you haven't seen it by now, it's your own fault: The FBI had the wrong address, but the florist didn't kill the homeowner.
        • Except if they stopped using swat teams to respond and someone really was being held at gunpoint, as a hostage in their own home? You'd likely create a scenario where the officer who goes in to verify it's not just another prank call winds up getting everyone involved killed.

          Oh? Is America special in this regard? I mean it doesn't routinely happen anywhere else in the world. Maybe if your police officers get people killed because someone has a gun you should train your police officers better and not just approach every situation with military force. ... You know the kind of force which clearly IS getting people killed.

          Seriously this isn't Hollywood.

      • --
        Barrios told the emergency operator that he had killed his father and âoewas holding his mother and brother at gunpoint.â Barriss allegedly gave the operator the West McCormick address. The caller then âoeinformed the dispatcher that he was considering lighting the house on fire before committing suicide,â the indictment stated.
        --

        So you've got one victim dead already, or perhaps the gather isn't quite dead and could still be saved. Two more victims are being held hostage. The perpetrat

        • by arth1 ( 260657 ) on Saturday June 16, 2018 @02:59PM (#56795524) Homepage Journal

          Your mistake is assuming that there IS a hostage situation. It's one of many possibilities. First response must be to find out whether something is going on, and if so, what.
          A swat team is what you send in if and only if you need someone taken down, not to determine whether it's needed. That's not their job, and they are exceptionally bad at it.

          • So when the guy who calls the police claims to have killed one hostage already and is talking about burning down the building before committing suicide, the default response should be "I don't believe you"? This does not strike me as a good idea.

            • by arth1 ( 260657 ) on Saturday June 16, 2018 @03:37PM (#56795640) Homepage Journal

              So when the guy who calls the police claims to have killed one hostage already and is talking about burning down the building before committing suicide, the default response should be "I don't believe you"?

              The default response should be that they have understood what he said, and try to get a negotiator involved before hanging up.

              At this point, they have a tip that needs to be investigated with urgency. They should not make assumptions that it's either true or false, but determine whether it is. And that determination should never be made by anyone holding a weapon or battering ram. Their job is to take people down, not to determine whether they themselves are wasteful.

              • > that determination should never be made by anyone holding a weapon

                Okay, so one person has apparently been murdered and the perp says two more are about to. The perp says he's probably going to kill everyone - including himself. Your suggestion is to send in people who do NOT have weapon, to check to see if the dead is in fact dead? Then when the person you sent radios in "I've been shot!", you don't believe him. Presumably you send in two more unarmed people to see if he has really been shot?

                • by arth1 ( 260657 )

                  Okay, so one person has apparently been murdered

                  I think you have some problems understanding words like "apparently". What makes it apparent?

            • So when the guy who calls the police claims to have killed one hostage already and is talking about burning down the building before committing suicide, the default response should be "I don't believe you"? This does not strike me as a good idea.

              Infinitely better than running in guns blazing and literally getting people killed. But like in every stupid discussion on slashdot there's a happy medium that exists between doing nothing and fucking showing the site with bullets.

          • A swat team is what you send in if and only if you need someone taken down, not to determine whether it's needed. That's not their job, and they are exceptionally bad at it.

            The SWAT team was quite good in this case. They held their fire. It was the additional cops they brought on the scene who panicked and shot the unarmed person.

        • by sjames ( 1099 )

          So you shoot the first person to come to the door? Because there's no chance a hostage taker would ever send a hostage with a message for the police rather than making himself an exposed target?

          • Perhaps you aren't aware, but being armed doesn't mean you randomly shoot people. I've been armed every day for years and never shoot anyone. I *almost* had to put a stop to an armed robbery at a store, but fortunately that wasn't necessary.

            The proposal which I responded to said sending armed officers to the scene is the wrong response to a 911 call reporting a hostage situation with one person already killed. GGP wasn't entirely clear whether he though 911 should ignore such situations entirely, or send

            • by sjames ( 1099 )

              And my comment reflects exactly what happened in Kansas.

              You send a bunch of people with inadequate discipline in to a situation that's hyped as dangerous with a prevailing attitude that danger is everywhere and that they have an incredibly dangerous job, and arm them to the teeth and somebody is sure to get shot.

              If you arm them heavily, you create a disposition to shoot first.

              Note, until officers see a shooter or you have multiple reports, all you have is report. I wouldn't suggest they be unarmed, but the

        • I'd send a policeman. Not a paramilitary death squad.

  • Ridiculous (Score:2, Interesting)

    by Anonymous Coward

    This Gaskill guy was the intended victim of the swatting, but he gave a false address. He's so far detached from the actual crime that I don't think he should be charged with anything and shouldn't be held responsible for the actions of other people.

    He's being charged with wire fraud and obstruction of justice, which seem to be the standard charges for people who haven't actually done anything. It's amazing how often you see these charges used.

    • by raymorris ( 2726007 ) on Saturday June 16, 2018 @01:51PM (#56795252) Journal

      âoeNeed to delete everything,â he messaged, the indictment said. âoeThis is a murder case now. ⦠This isnâ(TM)t a joke.â

      He wiped his phone and told the other people involved to do the same - while saying "this is a murder case". Intentionally destroying evidence in murder case, knowing it's a murder case, sounds like obstruction of justice.
      He's being charged with obstruction of justice.

      He apparently not being charged for taunting the guy after the swat threat, saying oh yeah just try to swat me. My address is ...

  • Something strange is going on in the US. The info given here and the linked site is probably distorted as well, because I cannot imagine police killing an unarmed man and then blaming some pranksters for that. (Maybe they can be blamed in this case, something like one percent blame)
  • Nice things like a paramilitary police force.

  • Fatal deaths are the worst.

  • Perhaps there should be a small radio-controlled explosive mounted around the neck of all cops.
    That way you could send out an emergency auto-destruct command, in case you deploy them in the wrong direction by mistake.

    blink
      [ CANCEL MISSION ]
    blink

  • if you're in jail waiting trial for an offence and you very clearly and publicly show ZERO remorse for your crimes, the only justice is to drop you live into a vat of acid, on national television.

    Seriously folks: Back In The Day HANGINGS were PUBLIC for very good reasons

    Dead people don't become repeat offenders, and when the word on the street is "remember Jimmy, he was boiled in oil on national television for his crimes" that's a fairly significant deterrent.

    People commit crimes for three very specific

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