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Crime The Courts

Man Pleads Guilty To Swatting Attack That Led To Death of Kansas Man (arstechnica.com) 283

Federal prosecutors in Kansas announced Tuesday that a 25-year-old Californian has admitted that he caused a Wichita man to be killed at the hands of local police during a swatting attack late last year. Ars Technica reports: According to the United States Attorney's Office for the District of Kansas, Tyler Barriss pleaded guilty to making a false report resulting in a death, cyberstalking, and conspiracy. He also admitted that he was part of "dozens of similar crimes in which no one was injured." In May 2018, Barriss was indicted on county charges (manslaughter) and federal charges, which include cyberstalking and wire fraud, among many others. U.S. Attorney Stephen McAllister said in a Tuesday statement that Barriss would be sentenced to at least 20 years in prison. Barriss also was involved in calling in a bomb threat to the Federal Communications Commission in December 2017 to disrupt a vote on net neutrality rules. The 25-year-old Californian is scheduled to be sentenced on January 30, 2019, in federal court in Wichita.
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Man Pleads Guilty To Swatting Attack That Led To Death of Kansas Man

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  • by Anonymous Coward on Wednesday November 14, 2018 @02:13AM (#57640912)

    just made it very clear to the children of this civilization: DON'T SWAT PEOPLE

    That is all.

    • by gravewax ( 4772409 ) on Wednesday November 14, 2018 @02:20AM (#57640922)
      Just wait and watch. You will see an inundation of posts defending this guy and how he didn't do anything wrong and it is all the swat teams fault. The reality is if you arrange for loaded guns to be pointed at people eventually something WILL go disastrously wrong.
      • by Alypius ( 3606369 ) on Wednesday November 14, 2018 @02:26AM (#57640934)
        Not from me. The douche deserves no sympathy and every hour he gets in prison.This isn't the first time he's done this and he refuses to learn. The man-child is 25. Lock him up and the rest of us will move on with our lives.
        • by Zocalo ( 252965 ) on Wednesday November 14, 2018 @05:22AM (#57641290) Homepage
          This, but equally I don't think that the SWAT team or local PD in general should get a pass either. Swatting is a thing, they should have been aware of that and started on getting as much due diligence done as possible from the moment the dispatcher decided to send a unit (not even SWAT, any armed unit) to try and avoid this kind of thing. SWAT does not arrive on site instantly, and that gives at least some time to think whether or not things feel right.

          Anonymous call? Long distance call? Caller seems to know details that they shouldn't have? No proven history of priors for the address? No proven history of priors for the resident(s), if known? Kids in the house? Is it Stupid O'clock meaning people might not be thinking too clearly, let alone when someone hammers on their front door with guns? If the answer to any of those kind of questions are "yes" (and AFAIK in this case *all* of the above were except maybe the two on priors), then the responders need to act with a little more discretion than just assuming any vague switch they don't like is a justification to unload a weapon on centre mass. In this specific case you can maybe blame lack of training/poor information and cut them a *little* slack for that, but that horse has now bolted and the publicity here should have both prompted a review of police procedures and given potential swatters food for thought lest they become the next Tyler Barriss. The next time this happens (and I'm pretty sure it will), then it it shouldn't just be the swatter that gets the face the courts; those that mistakenly pulled the trigger *and* those responsible for the training that led them to do so need their time in court/jail as well.
          • A YOutuber by the name of Beau of the Fifth Column [youtube.com] has some great videos on reasonable gun control.

            One of the videos talks about a 61 year old man who was shot by police who came to take his guns away after he was declared a risk to the community. The cops came at 5am. They did that because it's a military tactic. You're showing up while the target is waking up and likely to be disoriented. It's a tactic you use when you're showing up to kill your target.

            And that's the problem. Police are using mili
      • by ShanghaiBill ( 739463 ) on Wednesday November 14, 2018 @02:32AM (#57640944)

        You will see an inundation of posts defending this guy and how he didn't do anything wrong and it is all the swat teams fault.

        Nobody is defending him. What he did was clearly wrong.

        But what the SWAT team did was also clearly wrong. They gunned down an innocent person based on nothing but an anonymous phone call.

        The prank caller isn't the only one who should be going to prison.

        • Comment removed based on user account deletion
          • The DA is never going to create bad blood by going after a member of the force unless the force casts them out first. They have to work with them every day. Its politics.

            And that's why the DAs are as much at fault for the state of justice in America as the police themselves. Lots of people are forgetting to hold them accountable. Thanks for the reminder.

          • by mcvos ( 645701 )

            That too is a problem. Maybe there needs to be an independent DA for this sort of thing. Or it needs to be handled by a federal prosecutor.

        • by Zontar_Thing_From_Ve ( 949321 ) on Wednesday November 14, 2018 @08:59AM (#57641902)

          But what the SWAT team did was also clearly wrong. They gunned down an innocent person based on nothing but an anonymous phone call.

          The prank caller isn't the only one who should be going to prison.

          I've come to the conclusion that here in the USA we'll almost never see police held accountable for this kind of thing. There was an episode of South Park where there were major hunting restrictions so to get around them, Jimbo and Ned said "It's coming right at us!" and shot any animal they wanted to. Cops can unfortunately do the same thing. All they have to do is say "I was scared for my life" in court and it seems like about 90% of the time they walk. I can promise you if the police in this case ever go to trial - and I said "if" - that they will just say they were scared and they'll probably walk. There's nothing I can do about juries. They seem inclined to just let the cops kill anybody they want to if they say they were scared.

      • The bomb threats to the FCC were done by Ajit Pai himself ?

        Just goes to show hate makes you stupid.

      • by Kokuyo ( 549451 )

        I have absolutely no sympathy for this man, however I still would want the SWAT team investigated.

        From what little info reached me, it does seem someone had a nervous trigger finger and that cannot be left to go on.

      • by tinkerton ( 199273 ) on Wednesday November 14, 2018 @03:57AM (#57641124)

        The reality is if you arrange for loaded guns to be pointed at people eventually something WILL go disastrously wrong.

        Not sure you ment it that way but I fully agree with that!
        There are. 50000 SWAT raids per year in the US. That's 50000 cases of terror and violence. A society with those statistics has deep systemic problems and is very close to fascism.

        The point is not defending this guy, the problem is that there the system is structurally arranged to point loaded guns at people for the slightest reason and yeah this guy is an easy fall guy because he clearly did something wrong. But it's a diversion from the real problem.

        • by meerling ( 1487879 ) on Wednesday November 14, 2018 @04:19AM (#57641162)
          He's not an easy fall guy, he's the guy who decided to use a seriously flawed system to knowingly put innocent lives in extreme risk for pocket change and giggles.
          Both are messed up, and for different reasons.
          By the way, the cop that murdered the guy got off scott free.
          So as many people have pointed out, there's more than one person guilty, and that in no way reduces the culpability of anyone involved in this travesty, but of course, cops are almost never punished at all, even when you have the video evidence that they lied and murdered a harmless and innocent person. Too bad we don't have the video evidence for this, not that it would likely help obtain justice.
        • by hjf ( 703092 )

          The problem is that, by the look of things, anyone can "arrange for loaded guns to be pointed at people". AMERICA, FUCK YEAH

        • How is that close to fascism? This has to be one of the most overused and misunderstood words in past years.
          If anything, the number of raids means we have a serious crime problem.

      • The death is the SWAT team's fault, but if you invoke SWAT activity for no reason, the chances increase that one of the teams is going the bunch of amateur idiots who were called upon in Wichita.

      • all the swat teams fault.

        They are the ones that pulled the trigger. I doubt that they will be looked at though. No doubt they wouldn't have been there if this guy hadn't called but you've got to look at the situation when they can be called and basically have a shoot first and ask questions later policy.

      • The reality is if you arrange for loaded guns to be pointed at people eventually something WILL go disastrously wrong.

        Yes. And that's what the police in the USA are all about. It's all about arranging for loaded guns to be pointed at people. The very first time I got pulled over, literally for nothing (I was driving a cheap car late at night in Santa Cruz which is expensive and therefore I was suspicious!) two cops both pointed their guns right at my head, fingers on triggers. I was looking down two barrels before I was even 18.

        SWATting doesn't happen in other developed nations because they don't have a shoot first attitud

      • ... or maybe a voice of reason will say that there is plenty of fault to go around, and that this guy is guilty *and* the worthless fascist fucks that sit around salivating about the chance to kill people with their "toys" are actually more in the wrong.
      • Would it be a good analogy to compare it to putting a 2 ton boulder randomly on an interstate highway. Sure, it is the drivers fault that they ran into a 2 ton rock but creating such a dangerous situation should carry a heavy burden for the outcome.

    • just made it very clear to the children of this civilization: DON'T SWAT PEOPLE

      That is all.

      And this particular adult made it clear to the children that they won't ever learn anything. DON'T MURDER, RAPE OR ROB PEOPLE either but those are still abundant so what're you gonna do?

  • by Lord Kano ( 13027 ) on Wednesday November 14, 2018 @02:28AM (#57640940) Homepage Journal

    why in the hell aren't the police facing the same charges?

    They are the ones who pulled the trigger(s) and ended this person's life.

    LK

    • "why in the hell aren't the police facing the same charges?"

      Because cops are above the law, obviously.

      • by meerling ( 1487879 ) on Wednesday November 14, 2018 @04:23AM (#57641168)
        Because of the "Blue Shield".
        In short, cops protect cops, and the prosecutors who decide what cases to prosecute are complicit in this conspiracy due to their working closely with the police and seeing them as their allies and aids.
        After who's going to arrest the cops?
        • "who's going to arrest the cops?"

          The National Guard, if necessary.

        • don't forget the "Tough on Crime" voters. Most prosecutors have political ambitions (sorta like how most 7-11 clerks have musical ambitions). Prosecuting cops is bad optics. It'll bite you when you run for office.

          If you want to hold police accountable you need to do away with Tough on Crime politics. It's a blind ideology that says anything that hurts criminals must be good. They're voters who don't think, they feel. You need to reach these voters and get them to consider the impacts of their voting dec
      • Re: (Score:2, Insightful)

        by dwillden ( 521345 )
        No, it's because the officers had no reason to believe the situation was not what the caller said. They had to be ready to act in an instant to stop a madman bent on killing others. If the situation was as reported and they hesitate at the wrong moment innocents die. Their job is to try to stop that from happening and that requires split second decisions and reactions based on what was only determined AFTER THE FACT to be a false report.

        The Officer will live with this guilt for the rest of his life. He
        • by astrofurter ( 5464356 ) on Wednesday November 14, 2018 @05:36AM (#57641324)

          There's enough blame to go around. Surely the trigger happy cop, who shot an unarmed civilian in his own home without provocation, is at least as much at fault a dumb punk kid who made a prank call.

          I sure don't want a dangerous nut like that "protecting" my city. Police must be held to a higher standard than civilians. When cops literally get away with murder, no one is safe.

        • No, it's because the officers had no reason to believe the situation was not what the caller said. They had to be ready to act in an instant to stop a madman bent on killing others. If the situation was as reported and they hesitate at the wrong moment innocents die. Their job is to try to stop that from happening and that requires split second decisions and reactions based on what was only determined AFTER THE FACT to be a false report.

          Do you really think shoot first ask questions later is appropriate tactic for a police force?

          • by hjf ( 703092 )

            SPECIAL TACTICS for that matter. SWAT is supposed to be trained for things normal cops aren't.

        • They had to be ready to act in an instant to stop a madman bent on killing others.
          So while a cop rang the bell, and a few of them greeted the guy who opened the door, some other cop, 30m away, shot the guy who opened the door ... justice!!

          The Officer will live with this guilt for the rest of his life. He didn't take the job to kill an innocent man, but to serve and protect the innocent.
          You are well aware that from the outside view of things like this: only people who want to have the legal right to shoot ot

    • Re: (Score:3, Insightful)

      by dwillden ( 521345 )
      They were responding to a report of a dangerous armed individual. They went in ready for action. They have to. They go in half-assed and they die. Their job isn't to die, it's to deal with a supposedly armed and dangerous person who had as per the call, already killed someone. Also at the time SWATTING was still a new phenomenon, police depts. didn't have protocols in place to even assume it might be a hoax. This incident and a couple others have changed that. But at the time they had no reason to no
      • by hjf ( 703092 )

        OH SHUT THE FUCK UP. A megaphone is way more than enough to get things sorted out.

      • by drinkypoo ( 153816 ) <drink@hyperlogos.org> on Wednesday November 14, 2018 @10:08AM (#57642214) Homepage Journal

        They were responding to a report of a dangerous armed individual.

        If they assumed that the report was genuine, when we know they often are not, then the police are at fault.

        They went in ready for action.

        If the action they went in for was murder instead of conflict resolution, then the police are at fault.

        They go in half-assed and they die.

        They went in half-assed and murdered someone, and it was their fault.

        Also at the time SWATTING was still a new phenomenon

        No, it wasn't. It had already been going on for years and the term was already well-known in the news media. If the police can't be bothered to keep up with what is happening with the people they are supposed to be policing, then the police are at fault.

        This incident and a couple others have changed that. But at the time they had no reason to not believe the caller and had to treat the threat as very real.

        No, they didn't, and the fact that they treated the report as if it were true without doing any investigation is the reason they were at fault.

        Even if swatting were not already a thing, lying is part of human nature and if they ignore that fact, it makes it their fault.

        Thus to protect their lives and the lives of innocents living around the home in question they had to go in ready to fire without hesitation.

        They went in ready to fire without hesitation, and consequently murdered a man, which is why it's their fault.

        This is fully and entirely on the person who called in the report.

        Only the false report is on his head. The shooting was committed by the officer, who pulled the trigger. That's why it's his fault.

        Unfortunately the victim did something that caused the offer's finger to move.

        This is where you really go fully insane. That's not how it works. The only link between the motion of the victim and the murderer pulling the trigger existed in the murderer's mind. That's why the police are at fault.

        The officer has to live with knowing it was an innocent man.

        No, he doesn't. He can also die. I'm not really calling for that, because I don't believe in the death penalty whether it's the law of the land or not. The only time it's acceptable to kill someone is when it's to prevent harm to another, and there's no better way to prevent it. That's why it's the fault of the police.

        But the blame is not on the officer who was just doing what he had to do based on the situation as he then knew it.

        The officer was in a covered, supported position across the street where he couldn't see what was happening in a dark doorway, and he opened fire when there was no clear and present danger to any persons, which is why he is at fault. The police created this situation by failing to cover his doorway with a sniper who could see into the doorway with his narrow optics, and who should have been the only person to even have a finger on a trigger. Those of us who actually know how to handle guns properly know that you don't put your finger on the trigger until you are ready to shoot something. But cops have shit muzzle and trigger discipline on a level that would literally get them kicked out of a real military organization, not their toy soldiers in blue bullshit, and he was aiming the weapon at someone who was not a danger and had his finger on the trigger as well. That's negligence by any reasonable measurement, and that's why the police are at fault.

        The very first time I got pulled over, literally for nothing, I had two cops point guns in my face with fingers on triggers. It's this kind of illegal and unethical behavior that leads to accidental police shootings, for which the police are at fault. And cops engage in it every day in this cou

    • Didn't you hear? If you want to shoot people with impunity join a US police force. Just don't forget to say you felt threatened and you can kill anyone you want.
  • I was expecting a teenager, not a 25 year old. I guess the masses are asses, so people will always do stupid stuff.
  • by OwP_Fabricated ( 717195 ) <fabricated&gmail,com> on Wednesday November 14, 2018 @09:14AM (#57641954)

    It's that simple.

    The swatter is a piece of shit who should go to jail for basically sending a squad of armed police to someone's house on a false report.

    The cops are pieces of shit because they have no fucking discipline and shoot people at the drop of a hat. People seem to have a really hard time understanding this but "Getting home to their family" is NOT the job of a cop.

    If you choose to be a cop, you're an arm of the government. You have been invested with the coercive force of the government- you are far, far different from a regular civilian worker. Your job isn't to protect yourself first- it's to protect everyone else. That's the cost of your privileges. You are literally being paid to hesitate a moment longer to make sure you don't murder an innocent civilian because if they turn out to NOT be so innocent you are legally authorized to kill them if need be in a way that a civilian is not. If you get killed because of that hesitation, that's the fucking gig. Either deal with that possibility or don't be a cop.

  • They could easily up it to felony murder - depraved indifference, swatting fits its definition perfectly.

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