KS:Witchta man dies after fake "Swatting" call

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Soccerdad1995
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Re: KS:Witchta man dies after fake "Swatting" call

#61

Post by Soccerdad1995 » Tue Jan 02, 2018 11:34 am

WTR wrote:Who ever did the SWATing needs to be charged to the full extent of the law. The Officer who pulled the trigger needs to ride a desk and never allowed a weapon again.
I agree on the SWATer. He is guilty of murder and should be punished accordingly. I disagree on the officer. If facts are as they seem, he should not ever again be an officer, and should face a criminal trial for his actions.
Ding dong, the witch is dead


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

#62

Post by Soccerdad1995 » Tue Jan 02, 2018 11:50 am

WTR wrote:Police work is inherently dangerous . Ever Officer accepts that as part of the job. You simply cannot guess if a person has anything in their hands. You need to prosess the nerve to hold your fire until you KNOW if there is a weapon present . I'm tired of these Officer in their full combat regalia saying they thought there was a weapon when the victims hands prove to be empty or at worst holding a cell phone. If you don't have the nerve.....quit. Everyone wants to go home safely to their family. You shoot first and plead ignorance you need to go to jail. We need to hold the Police accountable.
Can I gun down anyone who comes to my door with something in their hands that appears to possibly be a weapon?

When my local Constable approaches my son and I for a friendly chat about fishing while we are at the pond across from my house, can I gun him down if he makes a move that appears to be him going for a weapon? After all, he is clearly a MWAG.

Why should we hold our untrained citizens to a higher standard than our trained LEO's who have sworn a duty to protect and defend our rights?
Ding dong, the witch is dead

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

#63

Post by bblhd672 » Tue Jan 02, 2018 2:28 pm

Actually both of the people who were involved in the online dispute should face charges for their part. The coward who gave out an innocent man’s address was in the wrong as well.


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

#64

Post by WTR » Tue Jan 02, 2018 3:24 pm

Soccerdad1995 wrote:
WTR wrote:Who ever did the SWATing needs to be charged to the full extent of the law. The Officer who pulled the trigger needs to ride a desk and never allowed a weapon again.
I agree on the SWATer. He is guilty of murder and should be punished accordingly. I disagree on the officer. If facts are as they seem, he should not ever again be an officer, and should face a criminal trial for his actions.
:iagree: The more I codgitate on the senireo the more I agree

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

#65

Post by Flightmare » Wed Jan 03, 2018 11:42 pm

https://www.msn.com/en-us/news/crime/sw ... ar-BBHQ20z
Tyler Raj Barriss, 25, declined to fight extradition during a brief hearing in a downtown Los Angeles courtroom, and a judge said he should be handed over to authorities in Kansas no later than Feb 2. Until then, he will be held in California without bail.
Deplorable lunatic since 2016

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

#66

Post by canvasbck » Thu Jan 04, 2018 11:11 am

Liberty wrote:
Txtension wrote:
cedarparkdad987 wrote:Do not go outside. If you do go out side put your hands in the air and do not do anything else even if they tell you to. No matter what.
I find it hard to believe that if you just not answer the door, LE will go away. In fact now it totally justifies a crack team of commandos with APC's, tear gas, and flashbangs making a breaching action.

So you go outside hands up and refuse to obey any other lawful commands. Looks like you are on PCP, an extremely powerful drug that increases your strength, dexterity, constitution and hit points to ridiculous levels. And that's why everyone on scene emptied their mags reloaded and emptied those. And if you really were high, it's doubtful that they could have brought enough ammunition. But I digress; into the absurd
You left out shooting the dog.
THIS is when I go all John Wick on them.
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Re: KS:Witchta man dies after fake "Swatting" call

#67

Post by BBYC » Thu Jan 04, 2018 1:44 pm

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

#68

Post by Rob72 » Thu Jan 04, 2018 3:01 pm

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.


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

#69

Post by MechAg94 » Thu Jan 04, 2018 3:08 pm

Have any of you seen video of the entire encounter? I was curious when that was released. I heard people say the guy had several chances to surrender put his hands up, but ended up not doing it for some reason. I wanted more information before I say anything else. I am not sure if it will change my opinion, but I want to see it.

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

#70

Post by canvasbck » Thu Jan 04, 2018 3:15 pm

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.
From Wikipedia:
Constructive manslaughter is also referred to as "unlawful act" manslaughter. It is based on the doctrine of constructive malice, whereby the malicious intent inherent in the commission of a crime is considered to apply to the consequences of that crime. It occurs when someone kills, without intent, in the course of committing an unlawful act. The malice involved in the crime is transferred to the killing, resulting in a charge of manslaughter.

For example, a person who fails to stop at a red traffic light while driving a vehicle and hits someone crossing the street could be found to intend or be reckless as to assault or criminal damage (see DPP v Newbury[9]). There is no intent to kill, and a resulting death would not be considered murder, but would be considered involuntary manslaughter. The accused's responsibility for causing death is constructed from the fault in committing what might have been a minor criminal act. Reckless driving or reckless handling of a potentially lethal weapon may result in a death that is deemed manslaughter.

Involuntary manslaughter may be distinguished from accidental death. A person who is driving carefully, but whose car nevertheless hits a child darting out into the street, has not committed manslaughter. A person who pushes off an aggressive drunk, who then falls and dies, has probably not committed manslaughter, although in some jurisdictions it may depend whether "excessive force" was used or other factors.
The false report was a criminal act. The malicious intent that the caller had when calling in the SWATting report transfers to the consequence of that crime (death) if his actions created that consequence.

Actually, the person making the false report would be LESS at fault if the officer is found to have committed a criminal act. If the LEO is found to have acted reasonably, then the false report created the circumstances that led to this fatality. If it's found that the officer was criminal in his conduct, then an attorney could argue that the false report did not lead directly to the death.
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Re: KS:Witchta man dies after fake "Swatting" call

#71

Post by BBYC » Tue Jan 09, 2018 1:56 pm

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?
God, grant me serenity to accept the things I can't change
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And the firepower to make a difference.


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

#72

Post by MechAg94 » Wed Jan 10, 2018 12:00 pm

They will prosecute him for something, I just don't know how it will be done or how serious of a charge they will be able to make. My only question was if the officer is found to have acted appropriately and not prosecuted, I am sure the guy's lawyer will use that in trial for any charge beyond just the false report.

I am also not sure I disagree with that on the criminal side. This should not have resulted in someone's death or even injury for that matter. IMO, there is a problem with the way police handle these calls. I guess it would help if we had the entire video from the moment police rolled up.

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

#73

Post by The Annoyed Man » Wed Jan 10, 2018 12:44 pm

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.
You can sure as heck prosecute the caller for SOMETHING and put him behind bars. If you burn down a building that you believe to be empty, and someone dies, even a grody old bum, you’ve committed a homicide, and if they catch you, they will charge you. You are NOT allowed to do vicious acts that result in a death, and get off scot Free - EVEN IF a death was not the intended result. You’re STILL responsible for it. This is how the social contract works. Whether the police close ranks and protect the one who got trigger happy, or they decide to punish the officer, the individual that called in a FRAUDULENT MWAG call that ended in the death of the subject WILL be prosecuted for some level of homicide. When your actions kill someone, it’s no longer aggravated assault charges.
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Re: KS:Witchta man dies after fake "Swatting" call

#74

Post by Txtension » Wed Jan 10, 2018 7:01 pm

The Annoyed Man 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.
You can sure as heck prosecute the caller for SOMETHING and put him behind bars. If you burn down a building that you believe to be empty, and someone dies, even a grody old bum, you’ve committed a homicide, and if they catch you, they will charge you. You are NOT allowed to do vicious acts that result in a death, and get off scot Free - EVEN IF a death was not the intended result. You’re STILL responsible for it. This is how the social contract works. Whether the police close ranks and protect the one who got trigger happy, or they decide to punish the officer, the individual that called in a FRAUDULENT MWAG call that ended in the death of the subject WILL be prosecuted for some level of homicide. When your actions kill someone, it’s no longer aggravated assault charges.

What if 'you' hire a person to demolish (burn) down said building that you know is occupied. You do this "for the lolz." The hired man doesn't check the structure to see if it is safe to proceed, and simply demolishes the building.

Does the hired hand have any liability, or just the man who gave the orders?

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

#75

Post by C-dub » Wed Jan 10, 2018 11:06 pm

Txtension wrote:What if 'you' hire a person to demolish (burn) down said building that you know is occupied. You do this "for the lolz." The hired man doesn't check the structure to see if it is safe to proceed, and simply demolishes the building.

Does the hired hand have any liability, or just the man who gave the orders?
I think it depends on whether or not the hired demolisher works for a government agency or not. :evil2:
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