BBYC wrote: Rob72 wrote: BBYC wrote:
MechAg94 wrote:Plus, if they don't prosecute the officer for the death, can you really punish the SWAT'er as an accessory to murder?
if the shooter is not guilty then the caller is not guilty.
Sorry but I don't follow you. If there's no murder than how can they be an accessory to murder?
IANL, however, having been around the courthouse more than once:
The actions of the "swatter" resulted in the call-out of a tactical team, and this resulted in a death. The argument for the Defense is that the caller did not "intend" for a death to result. Supporting that is the Defense's job. However, his actions were no different than someone walking up to the victim, dropping 1 round in a revolver cylinder, giving it a spin, and pulling the trigger in the victim's face. That's aggravated manslaughter, by definition(gross and/or malicious carelessness, resulting a in a death). If there is texting/discussion about, "how cool it would be if the dude gets shot!!!", that's murder.
The legal discussion, in the Prosecutor's office, is whether the guy that called the swatter can be proven to have direct intent to cause harm (i.e, he's guilty of murder), in which case the swatter is an accessory. Alternatively, if the caller has not participated in a swatting before, and there is no evidence indicating something other than maybe he hoped the cops would knock on the victim's door and bother him, the swatter, based on his previous activities, could be tried for murder.
It really depends on whether or not the Prosecutor wishes to send a message. It would be nice if the FBI would pick this up as a Federal prosecution, but it wasn't a 12 y/o girl that got shot, so...