Man Gets 20 Years for Deadly "Swatting" Hoax:
Tyler Barriss has shown little remorse for the death of Andrew Finch.
Tyler Barriss, whose hoax call to Wichita police led to the shooting death of an innocent man, has been sentenced to 20 years in prison, the Associated Press reports. The sentence in Kansas federal court is a stark reminder of the serious consequences of the deadly prank called "swatting."
The December 2017 death of Andrew Finch began with an online feud over a Call of Duty game. Casey Viner, then around 18 years old, allegedly recruited Barriss to "swat" the Wichita home of Shane Gaskill, who was about 19. Barriss called Wichita police pretending to be a deranged man with a gun holding members of his family hostage, giving what he believed was the target's address.
As Barriss expected, the police responded by dispatching a SWAT team. But Gaskill lied to Barriss about where he lived. As a result, police surrounded a home occupied by the Finch family, which had nothing to do with the online dispute.
When 28-year-old Andrew Finch opened his front door, a police officer shot him. The officer later said he saw Finch reaching for his waist and feared he had a gun. In reality, Finch was unarmed.
[...] In April, the incarcerated Barriss briefly gained access to the Internet—and he took the opportunity to demonstrate that he had learned nothing from his time behind bars.
"All right, now who was talking shit?" he tweeted on April 6, 2018. "Your ass is about to get swatted."
[...] Prosecutors decided not to charge the police officer who shot Finch.
With good behavior, he could get something like 30 months off his sentence. Something tells me he might have difficulty with that "good behavior" part.
(Score: 4, Insightful) by Anonymous Coward on Saturday March 30 2019, @06:56PM (13 children)
This is not enough jail time. He admitted to much more than just the one incident where someone died. I guess we have to hope he doesn't fit in in prison and gets extra time added to his sentence for being a problematic convict.
(Score: 5, Touché) by Revek on Saturday March 30 2019, @07:02PM
I agree but they need that space for non violent drug offenders.
This page was generated by a Swarm of Roaming Elephants
(Score: 5, Informative) by SpockLogic on Saturday March 30 2019, @07:19PM (5 children)
No justice for the victims family as the jackbooted thug in uniform who carried out the killing got no jail time.
Overreacting is one thing, sticking your head up your ass hoping the problem goes away is another - edIII
(Score: 5, Interesting) by aiwarrior on Saturday March 30 2019, @07:36PM (4 children)
This is the point. Only in America such a thing happens where a random nobody can get an unproportionate response from the state against a random bystander in his own house. Land of the free my ass.
Living in the US is literally scary, never in my life would I fear for a militarised intervention in my house both in Poland or Portugal without credible confirmation that something needs that response. For all our defects I really feel safe where I leave. Even more so in Poland. This given that I am browny in skin color.
(Score: 0) by Anonymous Coward on Sunday March 31 2019, @06:02AM
Barring the South, or certain known rougher areas, like LA or parts of NYC.
Today? It's fucking everywhere. Doesn't matter if you are black, white, red, yellow, or pink, if the cop's finger gets itchy you're going in the ditchy. Then they get a paid vacation, and in the worse case have to find a job at another department in another region.
(Score: 3, Insightful) by Runaway1956 on Sunday March 31 2019, @11:12AM (2 children)
"only in America"
Don't think so. You've forgotten China? Arabia? Israel? Parts of Africa? Asia? The Phillipines were in the news a few years ago for their handling of certain tribes in remote areas. Mexico?
It would be fair to state that it is most common in the US, of all developed western world countries. That "only in America" doesn't stand though.
Abortion is the number one killed of children in the United States.
(Score: 3, Funny) by FatPhil on Sunday March 31 2019, @12:48PM (1 child)
Great minds discuss ideas; average minds discuss events; small minds discuss people; the smallest discuss themselves
(Score: 2) by aiwarrior on Sunday March 31 2019, @06:25PM
Damn FatPhill, maybe after all Trump calls it like I unconsciously think. To be honest when I meant only in America, yeah I was thinking in places where the rule of law and the civil liberties are something that is central to the cultural fabric. Which is sad, because America is founded on the value of individual freedoms of people and trade. So..:
China, no. They do not respect human rights nor the individual. I do not like spying nor NSA funny stuff but there is always some form of accountability and free press.
Arabia? Arabia, God no not on my mind as a place i would like to live with my family. I want my wife to be treated with the same respect as me.
Israel? They are the best in the middle east but honestly i do not know enough to assert how human rights are there.
Parts of Africa? Ok, South Africa. People die casually murdered in robberies in Johannesburg and Pretoria. Maybe Cape Town, but carrying a handgun out of necessity with my family around is not something i want.
Asia?I guess most countries are ok if you never civically participate in them, as things are murky.
The Phillipines? I have a friend from there. He sometimes describes how things are there. Public schools forget about it, pay through the nose if your kids are to have a decent education. Health, also: break your pocket. Living in cities of 10M and above? Maybe. The new president though sounds a bit scary, even though I do not know up to what point it is not posturing due to a very corrupt and broken democracy.
If you think of what I wrote, America used to be where people were competitive but in the end honorable. Shooting a person without big care is not honorable nor reflective of traditional western values.
(Score: 2, Insightful) by Ethanol-fueled on Saturday March 30 2019, @09:58PM (3 children)
First Principles: That is a grossly disproportional response. Back in my day when I played the video games the worst you saw was the kid with Tourette's throw his controller at the wall and angrily yell at the TV. Which was quite entertaining in itself, I might add.
But the bigger problem is that this is what happens when America embraces the "drone strike" mentality. "Oh, I'm gonna do a bunch of virtual shit because like Counterstrike it never actually comes to my doorstep!"
We need to get more counter-hackers who swat swatters.
(Score: 4, Insightful) by bzipitidoo on Saturday March 30 2019, @10:44PM (2 children)
The judgments certainly embrace the American mentalities of punishment and force. The kids who tricked the cops get very long prison sentences, and I guess part of the reason is for the embarrassment they caused. The wire fraud charge is especially crappy. Authorities have historically taken a very dim view of being tricked, and frequently their responses are excessive. Happens all the time in grade and high school. School administrators regularly overreact to pranks. Just try walking into an airport and saying "hijack" where security officers can overhear -- all too likely that they will go nuts. The EFF was founded in reaction to overzealous police officers taking a game about hacking seriously. In that case, the gamers weren't even trying to trick anyone. Law enforcement officers were too dimwitted to figure out that it was just a game. Anyway, hacking really triggers authorities. Because they fear it, they punish it harshly.
The cops get nothing for falling for the trick. No consequences for the use of excessive force. I am not particularly in favor of punishment, but damn. The cops should have to make changes. They royally screwed up and killed an innocent. Maybe they shouldn't be allowed to carry lethal weapons.
(Score: 0) by Anonymous Coward on Sunday March 31 2019, @03:51AM (1 child)
The police followed proper procedure. Move along, citizen.
(Score: 4, Insightful) by dry on Sunday March 31 2019, @08:08AM
Proper procedure should be to not shoot until clearly threatened. Especially while being under cover.
(Score: 1, Interesting) by Anonymous Coward on Saturday March 30 2019, @10:25PM (1 child)
That's what Michael Santos said in his memoirs. By the time he got that far into his sentence he'd gotten completely used to it and it was just the new normal.
That said, it's not enough to satisfy my anger, but that's a bad basis for making legal decisions.
(Score: 0) by Anonymous Coward on Sunday March 31 2019, @05:03PM
(Score: 1, Insightful) by Anonymous Coward on Saturday March 30 2019, @07:29PM (6 children)
Fair and balanced.
(Score: 1) by anubi on Saturday March 30 2019, @08:05PM (3 children)
Mens Rea.
The Act is not culpable unless the Mind is guilty.
"Prove all things; hold fast that which is good." [KJV: I Thessalonians 5:21]
(Score: 2, Insightful) by Anonymous Coward on Saturday March 30 2019, @08:26PM
Mens Rea is ignored constantly, so where's the consistency there?
(Score: 4, Informative) by khallow on Saturday March 30 2019, @11:09PM
Criminal negligence provides mens rea as well.
(Score: 1, Troll) by DannyB on Sunday March 31 2019, @03:29AM
'Pharma bro' Martin Shkreli didn't have a guilty mind.
Hitler didn't have a guilty mind.
Politicians cannot tell the truth from a lie. I didn't want to single out the president, or only presidents.
If you eat an entire cake without cutting it, you technically only had one piece.
(Score: 3, Funny) by c0lo on Saturday March 30 2019, @09:15PM (1 child)
Swatting is free speech, jailing the poor guy is worse than censorship. (grin)
Violently imposed monopoly in action. (large grin)
https://www.youtube.com/watch?v=aoFiw2jMy-0
(Score: 0) by Anonymous Coward on Monday April 01 2019, @01:47AM
Ooh! Is it time to get the EMACS started? (maniacal grin)
(Score: 1, Interesting) by Anonymous Coward on Saturday March 30 2019, @08:02PM (4 children)
I’m in Oregon. Can I go to a service or help with one.
(Score: 0) by Anonymous Coward on Sunday March 31 2019, @12:10AM
Was there any death notice in the Oregonian?
(Score: 0) by Anonymous Coward on Sunday March 31 2019, @05:47AM (2 children)
Pretty much this.
One of ours - one of our greatest - has fallen.
We should not forget. And per his wishes, we should fight his third death.
MDC MDC MDC; oh wayback machine, record this: MDC was here, just days ago, and is with us still in ways.
(Score: 0) by Anonymous Coward on Monday April 01 2019, @02:03AM (1 child)
MDC watches over us from the Summerland. His work is done for now, and he is at peace in the lifestream until it is time to return and become new life.
(Score: 2) by Freeman on Monday April 01 2019, @05:13PM
That almost sounded right, as if he wrote it. Which I'm not sure, is a compliment, considering some of his raving. Quite unfortunate about his untimely demise, though.
Joshua 1:9 "Be strong and of a good courage; be not afraid, neither be thou dismayed: for the Lord thy God is with thee"
(Score: 4, Informative) by NotSanguine on Saturday March 30 2019, @08:23PM (7 children)
Fuck that jackass. 20 years in a box (or even 17.5, with good behavior) is a long time. He'll be nearly 50 when he gets out, so his choices have cost him the best portion of his life. Good.
What really kills me is that the intended target (a 19 year-old kid named Gaskill) was charged with wire fraud [wikipedia.org] for lying about his address to someone who was threatening to sent SWAT to his house. WTF?
From TFA:
IANAL, but what this kid did doesn't even come close to wire fraud. But, I guess when you're a US Attorney, everyone looks like a perp. Sigh.
No, no, you're not thinking; you're just being logical. --Niels Bohr
(Score: 0) by Anonymous Coward on Saturday March 30 2019, @10:44PM (6 children)
Then maybe avoiding wire fraud should be a required course in high school.
When somebody dies everyone involved ends up carrying some of the weight.
(Score: 5, Insightful) by Anonymous Coward on Saturday March 30 2019, @10:56PM
Except the one who pulled the trigger, right? Naturally, we're completely avoiding the uncomfortable question of why cops are so willing to start shooting without asking questions when we've known for a long time that swatting is a thing and that people can make false reports.
(Score: 2) by NotSanguine on Saturday March 30 2019, @10:58PM (3 children)
Please explain how lying about your address to someone who is threatening to SWAT you fits the definition of wire fraud [cornell.edu]:
By your logic, if some vicious jackass decides to pick a fight with me and ends up hurting/killing someone else, it's my fault?
I don't think so. You're talking out of your ass and it smells that way too.
No, no, you're not thinking; you're just being logical. --Niels Bohr
(Score: 2) by hemocyanin on Sunday March 31 2019, @01:59AM (2 children)
Let me play prosecutor:
Gaskill's scheme was telling the swatter to go for it but defrauded the swatter in the process by using false representations. Gaskill's benefit was not getting shot at (I do have a hard time equating that to fraud, money, or property) which is worth a great deal.
But yeah, wire fraud requires telling a lie for gain -- we don't usually think of "not being shot at" as a "gain" because when all is said and done, you still have what you started with.
(Score: 5, Insightful) by NotSanguine on Sunday March 31 2019, @03:37AM (1 child)
I see your point. Had Gaskill not given a fake address (apparently, he didn't know the folks at that address at all), he risked having the Swatter find out his real address on his own.
Then again, he could have gone the Elwood route [youtube.com] too.
Either way, although IANAL, it seems like quite a stretch to call it "wire fraud." Then again, when a Federal prosecutor comes after you, the legal fees and potential jail time are often enough to get someone to take a plea deal. Situations like this really elucidate the need to get rid of plea-bargains altogether.
If prosecutors had to *actually try* every case they brought (rather than the 3-5% that don't plead out), they'd be much more selective about which cases they prosecute.
Given that a criminal conviction pretty much destroys your ability to live a normal life, any real criminal justice reforms would include prohibitions on allowing pleas to lesser charges. Face trial for the crime you're charged with or plead guilty to the top count.
No, no, you're not thinking; you're just being logical. --Niels Bohr
(Score: 2) by Mykl on Monday April 01 2019, @12:16AM
Agree. Especially when the plea deal ends up being a far smaller charge (e.g. from Grand Theft Auto to speeding). In those scenarios both parties know that the police have a weak case and just want to end up with a 'win' on the books, but the roll of the dice is just too risky. Do I pay that $200 fine and get on with my life, or do I possibly end up in jail for years and then never be able to work in a white collar job again?
As you say, if the cops had to offer a lesser sentence while still having the guy plead guilty (to GTA in my example), then the chance of it going to court would be way less.
(Score: 2) by pipedwho on Saturday March 30 2019, @11:02PM
Except the guys who stormed in and did the actual killing.
(Score: 2, Insightful) by Anonymous Coward on Saturday March 30 2019, @10:34PM (10 children)
With the American Dream (TM) dead, what do you expect the young ones to do? Celebrate the nothingness in their lives? Many do, just by looking at facebook.
They are a generation without a meaning or purpose. Going to a job so they can keep from hunger and getting nowhere in the process or in the end. Staying in the rat-race, making bankers and retailers richer. The system needed the generation to stay in the rat-race so it designed immersive computer games for them to spend their lives on, and immersive temporary sugar-high facebooks for others.
The system is winning, with the people killing each other without remorse.
(Score: 0) by Anonymous Coward on Saturday March 30 2019, @10:46PM
What you are describing is what the economically disadvantaged have been enduring for many generations. Welcome to an even, if not desirable, playing field.
(Score: 4, Informative) by NotSanguine on Saturday March 30 2019, @10:51PM (2 children)
I disagree. Many of the young people I know are working to create a better world for themselves and those around them. And most of them don't spend much time playing video games. They're lawyers, defending the rights of workers against the folks you say are controlling them. They're doctors and nurses and chiropracters (yes, I know it's bullshit, but he believes he's helping people) who desire to heal and care for others. They're engineers and theater people. And they *all* vote. And they're not shy about speaking out against what they see as unethical, sociopathic and anti-freedom.
They care about the world and the future and want to make it a better place for themselves, their kids and their grand-kids.
Sure, there are lots of folks who feel trapped and know that they won't do better than their parents did -- but that's the reality for gen-xers too.
So, by writing off a large portion of the population as "...a generation without a meaning or purpose," you diminish them and the rest of us.
I'm sorry that you're so bitter and jaded that you don't see what's staring you in the face -- if you're not helping to make things better, you're part of the problem.
So if you really hate where things have been going (and for a long time too), then take steps to create a better world for all of us.
Bitching about how those young'uns have no goals or aspirations is just you projecting your own sense of failure onto them. Is that the legacy you want to leave behind?
No, no, you're not thinking; you're just being logical. --Niels Bohr
(Score: 2) by Runaway1956 on Sunday March 31 2019, @03:20AM (1 child)
You're making that all up, aren't you? All the doctors I know are older than me.
I have met an attractive young veterinarian, recently. I think the youngsters like animals better than they like people. Or, maybe she just likes animals better than she likes incels? ;^)
Abortion is the number one killed of children in the United States.
(Score: 0) by Anonymous Coward on Sunday March 31 2019, @03:39AM
Where's the '+/-0 What the fuck are you blathering on about?' mod when you need it?
(Score: 1, Funny) by Anonymous Coward on Saturday March 30 2019, @11:11PM
Can't you use '& trade ;' to set that up instead of (TM)™
Barbarian!
(Score: 1) by khallow on Saturday March 30 2019, @11:13PM (3 children)
No different than any other generation.
Except of course bettering themselves, raising families, living a good life, etc. All the usual things that every other generation strives for as well.
(Score: 1, Offtopic) by realDonaldTrump on Sunday March 31 2019, @02:03AM (2 children)
They have JOBS again. Something the Clinton-Bush-Obama generation had no hope, no chance for. Last summer, youth unemployment reached a 50 year low. Shaping up to be even better this year. Because of your favorite President!!!!
(Score: 2) by Runaway1956 on Sunday March 31 2019, @03:24AM (1 child)
Ho-hum. You're forgetting how good the economy was while Clinton was in office. You're not the magic fairy who granted all of America's wishes in the job market. You're just another tired looking fat-assed fairy.
NOTE: I am not crediting Clinton with the wit, intelligence, or wisdom to make the economy boom. I have only noted that he occupied the office during the time when a lot of Americans were making a lot of money - including me.
Abortion is the number one killed of children in the United States.
(Score: 2) by realDonaldTrump on Sunday March 31 2019, @08:29AM
You're a Bill fan. And Bill blew a tremendous Bubble, that's true. You did great with your stocks. With your A.O.L. Pets.com. And frankly, I did magnificently with those too. But, the Clintons are owned by Wall Street. And Bill did the repeal of Glass-Steagall Act. Something that set us up for Great Recession. Bush Jr. couldn't get us out of that one. Cheatin' O didn't. I'm the only guy that could get us out.
By the way, Bill isn't the only guy that can blow Bubbles. I'm great at it. And my Bubble is going to be much bigger, and last much longer, than Bill's. Believe me!!
(Score: 0) by Anonymous Coward on Sunday March 31 2019, @05:10PM
"Man, I see in fight club the strongest and smartest men who've ever lived. I see all this potential, and I see squandering. God damn it, an entire generation pumping gas, waiting tables; slaves with white collars. Advertising has us chasing cars and clothes, working jobs we hate so we can buy shit we don't need. We're the middle children of history, man. [youtube.com] No purpose or place. We have no Great War. No Great Depression. Our Great War's a spiritual war... our Great Depression is our lives. We've all been raised on television to believe that one day we'd all be millionaires, and movie gods, and rock stars. But we won't. And we're slowly learning that fact. And we're very, very pissed off."
(Score: -1, Troll) by Anonymous Coward on Saturday March 30 2019, @10:50PM
This is not just a police state, this is simply a fascism. How can you the people vote this regime into power, and to live in it? And not a single revolt against it, like a herd...
(Score: 0, Troll) by Anonymous Coward on Sunday March 31 2019, @01:01AM (9 children)
The cretin has it coming, but the real culprit is the militarized police culture.
Gun righters are loons. They outta go after the civil forfeiture and swat teams terrorizing the civilians, but they don't say peep about this lunacy. And that's why they are loons.
(Score: 3, Insightful) by Runaway1956 on Sunday March 31 2019, @03:27AM (8 children)
You obviously only pay attention when you want to. I support gun rights, AND I have called for the end of civil forfeiture, AND, I have called for more accountability of the police. If we all exercised our gun rights, the police wouldn't be so willing to come crashing through your front door. Go buy a gun, and shoot back when the bullets start flying.
Abortion is the number one killed of children in the United States.
(Score: 1, Troll) by NotSanguine on Sunday March 31 2019, @03:43AM (2 children)
Right. And if you aren't shot 87 times and/or have the bad luck to shoot a cop, you're going to jail for a long, long time.
You really need to take your medication [tweaker.org] Runaway.
No, no, you're not thinking; you're just being logical. --Niels Bohr
(Score: 2, Insightful) by realDonaldTrump on Sunday March 31 2019, @09:02AM (1 child)
"You shoot first. And then you win." Gandhi.
Same with nuclear, by the way.
(Score: 3, Interesting) by Freeman on Monday April 01 2019, @05:30PM
Gandhi, from an alternate dark reality infested Sid Sid Meier's Civilization Series. https://kotaku.com/why-gandhi-is-such-an-asshole-in-civilization-1653818245 [kotaku.com]
Pretty much, everything he stood against.
Joshua 1:9 "Be strong and of a good courage; be not afraid, neither be thou dismayed: for the Lord thy God is with thee"
(Score: 2) by realDonaldTrump on Sunday March 31 2019, @08:58AM (4 children)
Thank you for supporting the 2nd. Amendment! And we have a lot of 2nd. Amendment folks in Kansas. Trying to take back the power from the Gun Control "people." But, they're having big problems. And one of the biggest -- the schools. We want Good Guys with Guns in all the beautiful schools of Kansas. Not just the Teachers. The Custodians, the Cafeteria Ladies -- anyone that's incredibly gun adept. But, crooked Insurance Companies won't cover it. Sad!!
(Score: 2) by Runaway1956 on Sunday March 31 2019, @10:44AM (3 children)
Uhhhhhh - let's not go overboard with pushing guns in schools. Yeah, we want guns in the schools, of course we do. But, it probably isn't necessary that EVERY staff member be armed. Let us instead, fasten on this phrase: "anyone that's incredibly gun adept". And, let's drop that one word, "incredibly". We end up with "anyone that's gun adept". And, there you have a reasonable target.
Not every staff member is going to be competent to handle a weapon. But, we do want to encourage every staff member who IS competent, to be ready to face the unthinkable: some sick son of a bitch wants to kill their students. That is what we are shooting at - nothing more, nothing less.
Abortion is the number one killed of children in the United States.
(Score: 2) by realDonaldTrump on Sunday March 31 2019, @11:11AM
Thank you, we agree 100%. The ones that are beautifully gun adept, we'll get some of the most amazing guns to them. The not so adept, we'll send to Gun School. Until they're VERY GUN SAFE. 100%. Then we give them guns. And it won't be everybody. Only the SMART ones. The ones that can learn Gun. And the School Shootings are going to PLUMMET. Huge step back to American Greatness!!
(Score: 2) by GreatAuntAnesthesia on Monday April 01 2019, @01:09PM (1 child)
> We end up with "anyone that's gun adept". And, there you have a reasonable target.
An ironic choice of words there.
(Score: 2) by Runaway1956 on Monday April 01 2019, @01:52PM
LOL, there is iron in them.
Abortion is the number one killed of children in the United States.
(Score: 2) by arslan on Sunday March 31 2019, @09:31PM
So... everyone bagging the prick, rightfully so and he got what he deserved. But that isn't just the problem here. If someone can prank the police to do shite like this, isn't there something seriously wrong with the way the police are screening their channels?
Am I missing something or is it that kill first and ask questions later is the modus op. for the police in the US, so they don't really need to bother with screening? I mean how hard was it for the police to see the originator of the phone call against the address to dispatch their death squad to?