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by Rob72
Mon Jan 22, 2018 5:15 pm
Forum: The Crime Blotter
Topic: KS:Witchta man dies after fake "Swatting" call
Replies: 82
Views: 3805

Re: KS:Witchta man dies after fake "Swatting" call

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?
:iagree: if the shooter is not guilty then the caller is not guilty.
False.
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...
by Rob72
Thu Jan 04, 2018 3:01 pm
Forum: The Crime Blotter
Topic: KS:Witchta man dies after fake "Swatting" call
Replies: 82
Views: 3805

Re: KS:Witchta man dies after fake "Swatting" call

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?
:iagree: if the shooter is not guilty then the caller is not guilty.
False. The caller created a situation in which a sworn officer had reasonable expectation of encountering lethal force. While we may argue coulda/shoulda on the part of the PD in verifying the lethal-intent prior to arrival on-scene, the caller's actions created a situation in which a reasonable person would expect that the person being "SWATed" would be either the victim of aggravated assault(having SWAT stick an MP-5 in your ear is agg. assault, in the absence of just-cause) or homicide.

The shooter was acting (giving him benefit of the doubt, at this point) in good-faith.
The caller was acting with pre-meditation. His staging of the scenario (one fatality, two or more imminently possible) it can certainly be argued, weighed decisively in the shooting of the victim. This scenario, for a variety of reasons, is more inherently lethal in intent than his previous bomb-threats.
by Rob72
Tue Jan 02, 2018 10:43 am
Forum: The Crime Blotter
Topic: KS:Witchta man dies after fake "Swatting" call
Replies: 82
Views: 3805

Re: KS:Witchta man dies after fake "Swatting" call

New guy, chiming in. :patriot:

I worked EMS in Wichita in the early 90s, for 5 years. That was a pretty rough-n-ready time, and I don't know that its gotten much better. I'm ambivalent about this incident. I can completely understand how the homeowner may have been (probably was) overwhelmed, and did what he was told, then (as in AZ) went to pull his pants up, or thought, "I haven't done anything, they've seen my hands, its probably ok...oh, NO IT ISN'T!!"

"Grooming behaviors," (adjusting clothing, touching hair/face, looking side to side)may be pre-assault cues, but are also normal in situations of high-anxiety. Go figure...

LE is in a bad spot. We've seen multiple ambush scenarios over the past few years, and many local events never make the news. Equally, if someone lives in LA, and calls Uncle John, and he says he's got a gun and is going to kill Aunt Lucy and the kids, who gets sued because they, "didn't respond quickly enough"? Yup. And senior officers who do nothing wrong lose their jobs over things like that.

The best answer is that, "Community Policing," officers walking a beat, getting to know people intimately, would resolve/de-escalate situations like this, but that would be a massive social change, on a whole bunch of levels.

If I found myself in that situation, I'd turn my bluetooth on, call 911 and talk dispatch through what I was doing before I did it, and be stripped down as much as I comfortably could before going outside.

Personally, I thing the caller is guilty of 1st degree murder. He actively planned and initiated activity in which a reasonable person would believe someone would be killed.

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