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Kansas 'Swat' Perpetrator Had Already Been To Prison For Fake Bomb Threats (go.com)

More details are emerging about an online gamer whose fake call to Kansas police led to a fatal shooting:
  • "After phoning in a false bomb threat to a Glendale, California TV station in 2015, Tyler Barriss threatened to kill his grandmother if she reported him, according to local reports and court documents." -- The Wichita Eagle
  • "The Glendale Police Department confirmed to ABC News that Tyler Barriss made about 20 calls to universities and media outlets throughout the country around the time he was arrested for a bomb threat to Los Angeles ABC station KABC in 2015... He was sentenced to two years and eight months in jail, court records show." -- ABC News
  • "Within months of his release in August, he had already become the target of a Los Angeles Police Department investigation into similar hoax calls... LAPD detectives were planning to meet with federal prosecutors to discuss their investigation..." -- The Los Angeles Times
  • The Wichita Eagle reports that even after the police had fatally shot the person SWauTistic was pretending to be, he continued his phone call with the 911 operator for another 16 minutes -- on a call which lasted over half an hour.
  • Brian Krebs reports that police may have been aided in their investigation by another reformed SWAT perpetrator -- adding that SWauTistic privately claimed to have already called in fake emergencies at approximately 100 schools and 10 homes.

Just last month SWauTistic's Twitter account showed him bragging about a bomb threat which caused the evacuation of a Dallas convention center, according to the Daily Beast -- after which SWauTistic encouraged his Twitter followers to also follow him on a second account, "just in case twitter suspends me for being a god." Later the 25-year-old tweeted that "if you can't pull off a swat without getting busted you're not a leet hacking God its that simple."

Barriss remains in jail in Los Angeles with no bond, though within three weeks he's expected to be extradited to Kansas for his next trial.


44 of 315 comments (clear)

  1. Re:Dumber by cirby · · Score: 4, Insightful

    Better yet, don't make bomb threats.

  2. Re:Dumber by Sarten-X · · Score: 2, Insightful

    Better yet, just don't be a hazard to society.

    --
    You do not have a moral or legal right to do absolutely anything you want.
  3. Police didn't care by jandrese · · Score: 5, Insightful

    This guy thought he was a l33t hacker because the police hadn't caught him, but it seems like the first time they tried they were able to roll him up in a few hours. He's an idiot with a vastly inflated sense of self worth, and it got an innocent person killed.

    --

    I read the internet for the articles.
    1. Re:Police didn't care by Koby77 · · Score: 2

      Under felony murder laws, you can be charged with murder if you engage felony activity that is inherently dangerous, such as phoning in a hoax hostage situation, even if you're not the one who directly caused the death. Simply causing a dangerous situation is enough to make you responsible.

      https://www.justia.com/crimina...

      And it is my understanding that in Kansas, phoning in a hostage hoax is considered a felony. The police officer(s) involved in the fatality will legally be able to pin the blame on the caller, and the caller will face murder charges.

  4. "sentenced to two years and eight months in jail" by Chris+Mattern · · Score: 4, Insightful

    In 2015. So why isn't he still behind bars?

  5. Re:More proof we need more laws... by quonset · · Score: 2

    No, we need to get rid of criminals, especially repeat offenders like this guy who has now caused the death of someone else for his own pathetic ego.

  6. Re:More proof we need more laws... by Sarten-X · · Score: 4, Informative

    Making a false report is already illegal, and there's a decent case that this guy could get some form of manslaughter charge as well. Laws aren't going to fix this.

    I, for one, am betting on AI being the best hope. Let AI watch conversations on games (where it is a private affair, mind you, not a constitutional issue), and start cracking down on overly-aggressive players before they can turn into hazards.

    The moment something crosses the line of legality, the game platform should have all the logs and records needed to make an easy case for prosecution, and that case law is what will change the public perception, and in turn reduce incidents. If the perpetrators know that they'll get caught and likely convicted, they'll find other (hopefully more legal and less lethal) means to vent their frustrations.

    --
    You do not have a moral or legal right to do absolutely anything you want.
  7. Well, that's true by drinkypoo · · Score: 5, Insightful

    We need laws which make it illegal for the cops to roll up on someone and execute them on the basis that someone claimed that there was a crime occurring at a specific address. In the best case, they are risking killing a hostage.

    Wait, you meant anti-SWATting laws? It's already illegal to do what he did. That didn't stop him. You think making it more illegal would have stopped him?

    --
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    1. Re:Well, that's true by Anonymous Coward · · Score: 3, Informative

      We need laws which make it illegal for the cops to roll up on someone and execute them on the basis that someone claimed that there was a crime occurring

      Exactly! The core problem is the militarization of police.

      https://www.npr.org/2014/08/19/341542537/police-militarization-becomes-a-hot-topic

      Unfortunately, the Black Lives Matter movement co-opted the police militarization issue, and claim (incorrectly) that police militarization is driven by racism. For example, one of their key demands is the following:

      We demand an end to the war against Black people. Since this country’s inception there have been named and unnamed wars on our communities. We demand an end to the criminalization, incarceration, and killing of our people. This includes:

      ...

      8. The demilitarization of law enforcement, including law enforcement in schools and on college campuses.

    2. Re:Well, that's true by shess · · Score: 4, Insightful

      We need laws which make it illegal for the cops to roll up on someone and execute them on the basis that someone claimed that there was a crime occurring at a specific address.

      They had the caller WHO THEY BELIEVED THEY WERE SHOOTING on the phone AT THE TIME THEY WERE SHOOTING HIM, and didn't bother to interact with him using the established communications channel AT ALL.

      There's a lot to find wrong about this scenario, but even if you grant all sorts of things like "hostage situations are scary", and "it was dark", the fact that they apparently did not use a tool that was in their hands the entire time makes the other things sound more like excuses than reasons.

    3. Re:Well, that's true by Kjella · · Score: 2

      They had the caller WHO THEY BELIEVED THEY WERE SHOOTING on the phone AT THE TIME THEY WERE SHOOTING HIM, and didn't bother to interact with him using the established communications channel AT ALL.

      Welcome to the real world where the 911 operator is not the same person as the police officer responding. The person on the phone was goading them to continue, in what reasonable conversation do you expect them to discover the discrepancy? I mean any reasonable 911 operator would concentrate on the essentials, where's the incident, who's involved, what's happening. If they were to say "He just told me he's going to do X" and the police officer responded "Uhm, he's standing right in front of me with his hands up" then it'd just be luck.

      --
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    4. Re:Well, that's true by Anonymous Coward · · Score: 5, Insightful

      They had the caller WHO THEY BELIEVED THEY WERE SHOOTING on the phone AT THE TIME THEY WERE SHOOTING HIM, and didn't bother to interact with him using the established communications channel AT ALL.

      At the end of the day, the police officer has a legal responsibility to say "do I see anything which says I need to discharge my weapon to protect the safety of myself or a citizen?".

      And, I'm sorry, but if you roll up on a place and can't reconcile what you've been told with what you can plainly see, a little restraint is required from you.

      What, exactly, was the kid who got shot doing when he got shot?

      Everything I've seen suggests a cop with an itchy trigger finger and ZERO confirmation of a damned thing. Sorry, but being a police office doesn't mean you get to shoot first and ask questions later.

      "A male came to the front door," Livingston said. "As he came to the front door, one of our officers discharged his weapon."

      Livingston didn't say if the man, who was 28, had a weapon when he came to the door, or what caused the officer to shoot the man.

      That's from the original news story here.

      That smacks of a cop who was pissing his pants or was just so excited to shoot he didn't wait. And that is a fucking criminal act.

      The actual shooting?? That's 100% on the cops.

    5. Re:Well, that's true by Uberbah · · Score: 2

      nfortunately, the Black Lives Matter movement co-opted the police militarization issue, and claim (incorrectly) that police militarization is driven by racism.

      Police militarization is driven by the war on drugs, which absolutely has racist foundations and enforcement. You can't argue otherwise when blacks and whites use drugs at the same rate but blacks are FAR more likely to be arrested. That said, the wankers who say "oh this wouldn't have happened to a white person" are just as obnoxious, as half the people murdered by cops are white.

    6. Re:Well, that's true by fredgiblet · · Score: 2

      And it's worth pointing out, since some people forget, that there's more colors in the US than black and white, so blacks don't make up the entire other half.

  8. Re:More proof we need more laws... by Anonymous Coward · · Score: 5, Insightful

    What we need to do is fix our stupidassed phone system so this type of thing is no longer possible. The fact that you can spoof CallerID is absurd.

  9. Re:More proof we need more laws... by Anonymous Coward · · Score: 5, Interesting

    Unfortunately research has shown that its not the severity of the punishment that deters individuals from perpetrating those crimes, its the certainty of being caught. This individual knew the repercussions both legally and socially if he was caught, but he did it anyway because he was sure he could get away with it. He wasn't wrong either. Although he was caught, the current 911 system in this country makes it incredibly easy to hide your tracks. Various VoIP and online telephony services along with VPN's and fake registration info can make investigations much more challenging. In addition to that, 911 operators don't currently have the tools at their disposal to be absolutely sure where a call is coming from, especially in the cases of VoIP and mobile calls. We could do a lot more to stop this sort of criminal behavior before it even happens by making it a certainty that this kind of activity will be detected swiftly and dealt with.

  10. OK but how about the dead people by Anonymous Coward · · Score: 5, Insightful

    This is all fine and good but maybe lets discuss the innocent civilians literally killed by police for no reason? Over-response much? "To protect?" LOL, you mean "target pratice?" Just look at the facts, being a police officer is one of the SAFEST jobs in America but because they have been brainwashed and have triggers on guns they are the MOST dangerous people in the world.

    These paranoid lunatics kill who knows how many regular innocent people and while some of it makes news, most of it is covered up.

    It's time to discuss whether a military response is necessary for common household domestic matters.

    1. Re:OK but how about the dead people by Oligonicella · · Score: 2, Interesting

      Lessee... You're AC, you use "in our state" (which is meaningless) and then push your personal agenda. We should believe what you say why?

    2. Re:OK but how about the dead people by fredrated · · Score: 2

      I truly hope taking hostages isn't and never becomes a "common household domestic matter".

  11. Re: Dumber by ClickOnThis · · Score: 2, Funny

    He should get a gold sticker for "not being in a nuclear war within a year". Wow, what an accomplishment.

    This. Reminds me of those who praised George W. Bush in 2002 and later, for keeping the country safe because there hadn't been an attack ... since 9/11.

    --
    If it weren't for deadlines, nothing would be late.
  12. Re:More proof we need more laws... by ClickOnThis · · Score: 4, Insightful

    Unfortunately research has shown that its not the severity of the punishment that deters individuals from perpetrating those crimes, its the certainty of being caught.

    This, in spades.

    The severity of the punishment should fit the crime, but beyond a certain level of severity, there is no additional deterrence. That is one of may reasons why the death penalty should be abolished.

    --
    If it weren't for deadlines, nothing would be late.
  13. Re:Dumber by ShanghaiBill · · Score: 5, Insightful

    Better yet, just don't be a hazard to society.

    Who is the hazard? The SWAT team went to a random address, based on an anonymous phone call, and killed the innocent occupant for basically no reason at all.

    Barriss should be held accountable. But he didn't "murder" anyone. The SWAT team did that.

  14. Can we go back to the actual killer? by mi · · Score: 5, Insightful

    Ok, so this punk will get the punishment he richly deserved long before an innocent man was killed.

    Now, can we go back to punishing the actual killer — the cop, who pulled the trigger? Unlike certain Michael Brown, this victim really was raising his hands. Why was he shot at? Why will not you and me be shot at in the same situation?

    It sure seems like police are trying to throw all of the responsibility on the prankster, the better to protect one of their own... We should not allow that to happen.

    --
    In Soviet Washington the swamp drains you.
    1. Re:Can we go back to the actual killer? by Anonymous Coward · · Score: 4, Insightful

      It sure seems like police are trying to throw all of the responsibility on the prankster, the better to protect one of their own

      Yeah. It's hard not to think that the actual police office on the actual scene with the actual gun in his hand has to bear some responsibility for actually saying does any of what I actually see merit deadly force?

      From what I've seen, than answer would have to be no. I fail to see how this is a clean shoot, but maybe some of the details are eluding me.

    2. Re:Can we go back to the actual killer? by Anonymous Coward · · Score: 3, Insightful

      Don't kid yourself, the actual killer was the member on the SWAT team that immediately fired on a person 150 feet away. The gamers and "swatter" are accomplices.

    3. Re:Can we go back to the actual killer? by Uberbah · · Score: 3, Informative

      If it had been a real situation and the cop hadn't shot him everyone would be screaming at the police for not taking action when they had the chance.

      Nope. Still bullshit:

      it wasn't that clear cut, the fuckwit on the phone that called in the threat had supposedly shot his father and was holding the rest of his family prisoner and preparing to shoot them.

      For all the cops knew, that was a hostage walking out the door.

    4. Re:Can we go back to the actual killer? by Uberbah · · Score: 3, Insightful

      Nice way to play that cop without actually being that cop.

      Nice hand waiving. I don't know about this municipality, but the remedial firearms safety course I took - when I was eight years old - stressed a few cardinal rules. One, never shoot at anything you don't want to kill. And two, always be sure of what it is that you are shooting at.

      By definition, this cop didn't know what he was shooting at, as the man complied with demands and was unarmed, but was dead seconds after walking outside of his door. Which means the cop had no business using a firearm, much less being a police officer with a firearm.

      This isn't a hard subject, no matter that some willfully obtuse people would like to pretend otherwise.

  15. Re:Ah, good. by CaptainDork · · Score: 2

    Read TFS. They already did.

    --
    It little behooves the best of us to comment on the rest of us.
  16. Re:Dumber by Anonymous Coward · · Score: 2, Interesting

    If, in arguably one of the richest nations that's ever existed, you cannot afford to hire enough police to enforce all the laws you've passed in a just and non-abusive manner while not violating civil rights, without having to lower the standards to such low levels and allow them to get away with abusing the public rather than lose a warm body in uniform, perhaps...just perhaps...you've PASSED TOO MANY DAMNED LAWS!!!!1!!

    That's weird, I'd have thought some european country would be the champion of too many laws.
    I guess they don't kill enough of their citizens to qualify.

  17. Re:Dumber by No+Longer+an+AC · · Score: 2

    The SWAT team didn't murder anybody.

    From a legal standpoint they almost certainly did not. From a moral standpoint it's definitely arguable that they did.

    I've made bad decisions in my life and lived with the regret, but none of those decisions has ever resulted in anyone losing their life especially not an innocent person's life. I don't believe the cop who killed an innocent man wanted to take a life that day but I would have a hard time living with myself if I had been the one to kill that guy.

    Even if no charges were ever brought against me (and they almost certainly wouldn't be) I would feel guilty for the rest of my life. I would relive that moment and ask myself why I felt I had to shoot a man who I would later learn was unarmed.

    It's not a simple case of murder because it's definitely not that but it is an example of how law enforcement in the US is unjust and harms the innocent.

  18. Re:More proof we need more laws... by dgatwood · · Score: 4, Insightful

    This guy repeatedly, intentionally, with malice aforethought, put people's lives in danger. He may not have pulled the trigger, but IMO, he should still be found guilty of felony murder (in the first degree) and tried accordingly. Watching him get a lethal injection sentence *might* be enough to deter others who still think it's fun....

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  19. Re:More proof we need more laws... by stephanruby · · Score: 3, Insightful

    I, for one, am betting on AI being the best hope. Let AI watch conversations on games (where it is a private affair, mind you, not a constitutional issue), and start cracking down on overly-aggressive players before they can turn into hazards.

    Modded 5 insightful. Seriously? AI is already moderating Youtube comments. How well do you think that's going?

    And in games only? How do you plan on training the AI anyway? I can just imagine an AI sending a SWAT team to my place just because I said "Fred, Shoot that guy! Finish him off!" during a Call of Duty game.

  20. Don't put the mentally ill in prison by gweihir · · Score: 4, Insightful

    There, they will get released after a while, unless they manage to do something really large. People like this one need to go under permanent supervision. At the same time, it can rightfully be said that this person is insane and hence prison is again not the right place, as punishment will accomplish exactly nothing. (Yes, I do understand that prison in the US is about revenge and economic incentives, not punishment. But unless the US stops using the mind-set of a stone-age primitive here, problems like this will not get solves and will continue to cause significant damage to society.)

    --
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  21. Re:Dumber by PopeRatzo · · Score: 4, Interesting

    The elephant in the room in the US is that there are so many laws, rules, and regulations with the force of law that it takes an immense amount of manpower to police & enforce them all.

    There are much older societies, with bigger government than the US that have even more laws, but don't end up with the police slaughtering people left and right. There's a seemingly unique quality to US policing that results in more officer-involved shootings. Maybe it's the number of weapons in private hands, which means US police have to go into every encounter with a civilian as if it were against an armed combatant. Maybe it's just that policing in the US is a more macho, militarized affair.

    I honestly don't know the answer. Maybe there's something unique about the US that makes us more likely to be violent.

    --
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  22. Re:Dumber by easyTree · · Score: 2

    I've not watched the body-cam video on the page linked above but wow. How far away were they? It looks as if they got the wrong address and once the mistake was discovered, couldn't be bothered to drive even vaguely near the correct address!

    Unless the murdered householder had a sniper rifle, what possible danger could he pose?

  23. Re:Dumber by easyTree · · Score: 5, Insightful

    Perhaps the police and swat should be forced to dogfood their service.

    Once per day, the home of the relative of a police/swat-team member should be swatted randomly. Pretty soon, procedures would change.

  24. Re: Dumber by c6gunner · · Score: 3, Insightful

    I would relive that moment and ask myself why I felt I had to shoot a man who I would later learn was unarmed.

    I would assume you could then immediately answer that with "because I believed he was armed and did not want him to murder me or anyone else".

    Pretty short discussion, really.

  25. Re: This guy by Reverend+Green · · Score: 2

    Three cheers for state-sponsored rape! Hup hup hurrah!

  26. Re:Dumber by Uberbah · · Score: 2

    They showed up at a hose that didn't meet the caller's description, fired within seconds at distance, at someone for all they knew was one of the purported hostages. Of course the cop attached to the itchy trigger finger needs to spend a few years in prison for manslaughter. Cops get false or misleading calls all the time - if they can't assess the situation without killing a person in 5 seconds, they have no business being a cop.

    The elephant in the room in the US is that there are so many laws, rules, and regulations with the force of law that it takes an immense amount of manpower to police & enforce them all.

    Prioritization. Cops can always concentrate on actual crime, as opposed to nuisance traffic or pot possession tickets.

    If they actually held law enforcement officers to higher standards and held them more accountable for their screw-ups, the government would either spend many times more than they do currently or not have nearly the manpower necessary to maintain order and minimal levels of enforcement.

    Nah, they'd just know that they can't "screw up" and get away with it. When every cop knows a cop who did time for kidnapping (false arrest), breaking and entering (search without a warrant) they'll stop acting like unaccountable goons.

  27. Re:Dumber by Calydor · · Score: 3, Insightful

    How large a percentage of the US population is black? According to a quick Google search, around 13%.

    These are the kind of numbers we need for statistics to make sense. With 13% of the population making up 25% of a statistic, that percentage has a marked increase in chance/risk of whatever the statistic is made to show. In this case, risk of getting shot and killed.

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  28. Re: Dumber by Anonymous Coward · · Score: 2, Insightful

    It's easy to moralize when your life isn't on the line.

    At the distance and light conditions and view on the target we are talking about, the police officer's life wasn't on the line. Anybody thinking differently is severely unsuitable for doing police duty as they would be a danger to themselves and others.

  29. Re:Dumber by gnasher719 · · Score: 3, Interesting

    Murder charges are not strict liability - you need to be able to show the accused intended the death. It's not enough for the accused to have merely caused the death through reckless stupidity

    Quote: "Many states use the California definition of implied malice to describe an unintentional killing that is charged as murder because the defendant intended to do serious bodily injury, or acted with extreme recklessness." Calling a SWAT team to a home pretending that there is a hostage situation is extreme recklessness. If it ends with a person being dead, it is murder.

  30. Re:Dumber by Nehmo · · Score: 5, Insightful

    These are the kind of numbers we need for statistics to make sense. With 13% of the population making up 25% of a statistic, that percentage has a marked increase in chance/risk of whatever the statistic is made to show. In this case, risk of getting shot and killed.

    You are correct, if black people are 13% of the population and 25% of people killed by the police, that's not right. However, saying "the majority of people shot by police are black" is still untrue and gives a very wrong picture.

    Blacks get killed disproportionately more because they disproportionately behave in ways that give police the excuse to shoot. They commit more crime, drive more erratically, attempt to escape more, run more, talk back more, more often carry weapons, fight more, resist more, disobey more, and are simply more discourteous. The cops aren't racist. They kill plenty of Caucasians too.

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    (||) Nehmo (||)
  31. Re:wow by david_thornley · · Score: 2

    So many people here hating the cop that shot an innocent, unarmed man. There's some anti-police rhetoric, but mostly it's because a police officer went into a dubious situation and killed someone. This is not proper policing.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes