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Family of 'Swat' Victim Sues Kansas Police, Lawmakers Propose 40-Year Jail Terms (cbsnews.com)

An anonymous reader brings more updates about the 'Swat' call that led to a fatal police shooting: The gamer who dared another gamer to send police officers to his home had offered the address where he used to live, until his family was evicted in 2016. While he may also be charged for the fatal shooting that followed, the victim's family has now sued the city of Wichita as well as its police officers, with their attorney saying the city "is trying to put all the blame on the young man in California who placed the swatting call. But let's be clear: the swatter did not shoot the bullet that killed Andy Finch. That was an officer working under the direction of the Wichita Police Department."

The attorney points out that the 911 caller in California provided a description of the house which didn't match the actual house in Kansas, adding "How can Wichita police department officers not be trained to deal with this type of situation...? Prank calls are not new," according to CBS News. "The lawsuit cites FBI crime statistics showing Wichita has a ratio of one shooting death for every 120 officers -- a number that is 11 times greater than the national ratio and 12 times greater than the ratio in Chicago."

Meanwhle, Kansas lawmakers have introduced a new bill proposing a penalty of 10 to 40 years in prison if a swatting call ends in a person's death, which would also cause the offense to be prosecuted as murder.

One lawmaker argues that the bill is necessary because under the current system if a person phones in a swat call, "there's really no consequence for his actions."

151 of 291 comments (clear)

  1. Why only when there is a death? by klingens · · Score: 5, Insightful

    At the barest minimum, the swatter needs to pay the cost of the police action he caused, which will be probably a few thousand if not tens of thousands of dollars after the government accounting is done.
    Then making a false accusation and/or a false statement which could have caused other harm since the SWAT team wasn't available for real emergenicies.

    Make swatting immediately illegal with at least possible jailtime, with punitive damages and of course actual damages incurred by the police department. Then the civil suit from the victims.

    1. Re:Why only when there is a death? by tinkerton · · Score: 5, Insightful

      Why do you call it a police action. Sounds like the police treated that civilian as an enemy combatant.

    2. Re:Why only when there is a death? by Anonymous Coward · · Score: 3, Interesting

      They cannot hold people responsible for the costs, since it is only the police that determines how to react and how much cost to involve. They should, however, be held accountable for false accusation or claims involving the police, this is almost certainly already illegal and just needs to be prosecuted to the full extent of the law.

      Let's be clear though, the responsibility for the death lies 100% with the police. It is their job to ensure that they act reasonably to any circumstances. Clearly the police need to be held more to account on this, and need to face much more dire consequences for their incompetence.

    3. Re:Why only when there is a death? by drewsup · · Score: 4, Insightful

      I would go one more, If i call in a false fire alarm, and a fire truck, while lawfully going through a red light, accidentally hits a car who didnt hear the siren, killing the young family in the car, am I not ultimately responsible for their deaths? Anyone calling in a swatting should be responsible for not only any deaths, but the civil suits that will fly after.
      I am in no way excusing the excessive force used by the police, but the swat caller set in motion a chain of events that led to the whole murder.

    4. Re:Why only when there is a death? by olsmeister · · Score: 2

      It should never be lawful to go through a red light. Especially now that technology exists to make the lights green for the emergency vehicles. I've almost been involved in an accident twice where a police cruiser was going so fast through town that I barely was able to react before he blasted through the light that was green for me. Due to buildings and other obstructions, I had like 1-2 seconds tops to slam on my brakes to avoid a high speed collision right in the middle of the city. And guess who would have been at fault?

    5. Re:Why only when there is a death? by whoever57 · · Score: 1

      I would go one more, If i call in a false fire alarm, and a fire truck, while lawfully going through a red light, accidentally hits a car who didnt hear the siren, killing the young family in the car, am I not ultimately responsible for their deaths?

      I would argue that the answer to your question is no.

      Take a very slightly different circumstance. My house is on fire, I call in a fire alarm and someone is killed in a traffic accident in a similar manner to the one you describe. Am I responsible for their deaths? What if the fire was my fault?

      In California, it appears that the city is responsible for all such accidents:
      https://www.torklaw.com/practi...

      --
      The real "Libtards" are the Libertarians!
    6. Re: Why only when there is a death? by Dynedain · · Score: 1

      Sure they can. In most US jurisdictions if you call in a false fire alarm, they can charge you for the cost of the fire department response. Why would police be different?

      --
      I'm out of my mind right now, but feel free to leave a message.....
    7. Re:Why only when there is a death? by angel'o'sphere · · Score: 1

      while lawfully going through a red light, accidentally hits a car who didnt hear the siren
      It is only "lawfully" when the driver is certain that all conflicting traffic has stopped. In other words if he hits one, it was not lawfully. At least not in my country.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    8. Re:Why only when there is a death? by Hognoxious · · Score: 2

      So I'll run a screwdriver down the side of your car. I won't have to pay because I didn't know in advance how much the respray would cost.

      The DeVry JD alumni meeting is over there ------------------->

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    9. Re:Why only when there is a death? by YrWrstNtmr · · Score: 1

      At the barest minimum, the swatter needs to pay the cost of the police action he caused, which will be probably a few thousand if not tens of thousands of dollars after the government accounting is done.

      Simply monetary? No. Easily fixed with a GoFundMe.
      The swatter needs to go to jail as well.

    10. Re:Why only when there is a death? by Mal-2 · · Score: 2

      Vietnam was a "police action". The term fits.

      --
      How is the Riemann zeta function like Trump rallies? Both have an endless number of trivial zeros.
    11. Re:Why only when there is a death? by MangoCats · · Score: 1

      Dude, the accountants and auditors in this case are going to cost tens of thousands of dollars - it will run over into the hundreds of thousands, perhaps millions, especially with all the press handling.

    12. Re:Why only when there is a death? by stephanruby · · Score: 1

      I agree, but your approach may only help with a fraction of swatters. Many of those swatters are underage, or their families are already so deeply in debt, that an additional bill they don't pay won't do anything to them. No, in addition to all of what you're suggesting, I think that if you swat somebody (regardless of age):

      * You should automatically lose your xbox (even a family one), any other gaming console, your computer (if it's in your room), your tablet (if any of your accounts are on it), your smartphone, your TV (if it's in your room), etc. (Confiscated by the police, but given to a non-police related charity)
      * You're only allowed to purchase a dumb cell phone, that has gps tracking and navigation, but that has a pre-recorded outgoing message on it (similar in function to the outgoing messages prisoners have when they're calling from a prison's pay phone). Incoming phone calls come unaltered, but that's in case you need it for a job interview. And texting works, but everything would get logged through your carrier (for parental and police supervision).
      * For school work, you're only allowed to own an electronic typewriter, or a non-networked dumb computer (from a pre-approved list). If teachers want you to do research on the internet, they'll have to give you printouts instead, or have you use the computers at the public library instead.
      * You lose your right to privacy. It's like you'll be on parole. Cops will be able to visit your place, go through your stuff, and confiscate items anytime they want.
      * If you have siblings, things can get more complicated. But if they're younger than you, they will also lose access to their smartphone, or other electronics in their room. If they're older, they'll be required to have those devices locked-down from you and physically locked away from you. But if there are gaming consoles anywhere in the house, or anywhere in the apartment, you're in. They get confiscated permanently and everyone in the family loses access to them (until your parole period ends).
      * (Please feel free to add anything else you think I may have missed.)

    13. Re:Why only when there is a death? by Oliver+Wendell+Jones · · Score: 1

      If you set the house on fire and it was an intentional act, then yes...

      --
      A computer once beat me at chess, but it was no match for me at kick boxing -- Emo Phillips
    14. Re:Why only when there is a death? by drinkypoo · · Score: 1

      Vietnam was a "police action". The term fits.

      When historians discuss Viet Nam, they don't refer to the Vietnam Police Action. It's the Vietnam War. Don't glorify the government propaganda machine.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    15. Re:Why only when there is a death? by Mal-2 · · Score: 1

      Note the use of scare quotes. I was saying that if the term "police action" can be applied to a war, then it can be applied to shooting an unarmed civilian.

      --
      How is the Riemann zeta function like Trump rallies? Both have an endless number of trivial zeros.
    16. Re:Why only when there is a death? by dAzED1 · · Score: 1

      An innocent person died. An innocent life is only worth a few thousand dollars in your mind?

    17. Re:Why only when there is a death? by dryeo · · Score: 1

      Around here (BC), emergency vehicles are supposed to only go through a red light if safe, which in practice means they pretty well come to a stop at a red light, make sure the intersection is clear, then go through the intersection.
      Cops are also supposed to stop giving chase if it is dangerous due to high speeds etc and I can think of at least one case where a cop was convicted of dangerous driving causing death IIRC for driving stupidly with his siren on and killing someone.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    18. Re:Why only when there is a death? by jrumney · · Score: 1

      If they're really in a hurry, they travel in convoy with 4 motorcycles that speed ahead in pairs to clear alternate intersections.

    19. Re:Why only when there is a death? by mtmra70 · · Score: 1

      Poor analogy. If I call in a false fire alarm, the fire department shows up, and without investigating applies water to the entire building, who is at fault for the water damage? I would certainly say the fire department since they blindly applied water without all the facts.

    20. Re:Why only when there is a death? by Hognoxious · · Score: 1

      Your original claimwas that you can't be held responsible for costs that you couldn't ascertain in advance.

      "They cannot hold people responsible for the costs, since it is only the police that determines how to react and how much cost to involve. "

      It's rubbish, as logic and case law both prove.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    21. Re:Why only when there is a death? by Uberbah · · Score: 1

      Nope. Feel free to come up with an indirect-to-indirect comparison and try again.

    22. Re:Why only when there is a death? by eric_harris_76 · · Score: 1

      Oscar Gordon said that a corpse that's been rotting in the jungle in a "police action" smells just as bad as one rotting in a jungle in a war. Or words to that effect.

      This will likely get you to the actual line. http://duckduckgo.com/?q=glory...

      --
      There's no time like the present. Well, the past used to be.
    23. Re:Why only when there is a death? by tinkerton · · Score: 1

      I don't understand that sentence.

    24. Re:Why only when there is a death? by Dread_ed · · Score: 1

      What you have just said is that the response, being determined by another party, is in no way connected with the swatting call. You obviously do not realize that the police response is directly tied to the specific words used by the swatter. Their intentional lies not only create the unnecessary response of law enforcement, but they shape it as well.

      You have somehow decoupled the content and context of the swatter's lies from the police response. This is patently ridiculous. There isn't some "Swat address XXXX" button that just sends police for no reason wherever you want them to go. Any reasonable person would know that law enforcement will react based on the situation they think they are going into.

      If the swatter says there is a kid in the bathroom at that address with a razor who is trying to kill himself, that will generate one response from the police. And if the swatter convinces the police that there is a familial murder-suicide plot in progress that has devolved into a child hostage situation, and with some family members already killed by the subject, the subject has barricaded themselves inside the house, has multiple firearms, has previous military training, etc. this will generate quite a different response from the police. And a bomb threat will generate yet another response. And a terrorist with bomb making materials will generate a different response.

      The content of the lies told by the swatter results directly in a commensurate and situationally appropriate response from law enforcement So, not only is the caller responsible for initiating an unnecessary response from law enforcement in the first place, in addition, the specific false situation conveyed by the caller determines the specifics of that response from law enforcement. Yes, he would be responsible for the response, because his actions and specific words determined that response.

      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
  2. Fucking cops by DogDude · · Score: 5, Insightful

    We need to get our police under fucking control. They're not heroes. They're not judge, jury or executioner. They're employees of our local governments. They need to be treated as such. The particular government employees who murdered this person need to be fired and prosecuted immediately.

    --
    I don't respond to AC's.
    1. Re:Fucking cops by Anonymous Coward · · Score: 3, Insightful

      They have guns, you don't. They can use them with impunity, you can't. He who has the guns makes the rules.

    2. Re:Fucking cops by Anonymous Coward · · Score: 1

      The better solution is to have *more* cops, but specialized to different jobs. Cops as exist in the US today have every job from counter-terrorism to helping a little old lady across the street, and we just ask too much of them. We expect them to be able to be Wyatt Earp or John McClane, when even with all the violence in the US, most police never fire their weapon outside of the training range. Your first time doing something you were so great?

      Honestly, that's what I see with the Trump presidency as well... we ask so much of the president that the position has basically become a joke; there's no way that any one person could possibly represent what we want of them, he's basically a parody. All of the real work gets done by a huge team anyway.

      Living in other countries, you find police (that are imperfect everywhere, but perhaps less in the news about such catastrophic mistakes) that are really specialized to different types of jobs, some with weapons, some without, so they can have a better idea of what they're getting into when an unknown situation hits them.

    3. Re:Fucking cops by Kohath · · Score: 4, Insightful

      We demand officers plunge headfirst into dire situations.

      Time to demand they stop doing that then. Understand a situation before getting involved and opening fire on people.

      Anyone can jump in and start just killing people. We don't need police for that. There are plenty of guys in the prisons who would be happy to do it instead.

    4. Re:Fucking cops by Applehu+Akbar · · Score: 5, Insightful

      Put your righteous indignation away, sweetheart.

      I, for one, will not. Remember that the SWAT raid did not occur at the swatter's intended target, but at a mistaken address where some random guy with no experience at being the target of a paramilitary raid just opened his front door and went, "Wha..?" Blasting away at such a person without checking to see whether he was an actual menace is criminal negligence not just on the part of one untrained donut muncher, but on the part of whoever trained this team. Indict them both and take away this town's SWAT toys for good.

    5. Re:Fucking cops by Anonymous Coward · · Score: 5, Insightful

      They received an anonymous call that someone had hostages, they showed up and a man walked out unarmed. They gunned him down. This is not a mistake in the heat of the moment, it's untrained unhinged heavily armed people not knowing what their job actually is.
      None of the other emergency services operate like this. If you call in a fake fire to someones house the fire department don't show up and "in the heat of the moment" burn it to the ground. If you call an EMT to someones property they don't make an "honest mistake" and administer a lethal dose of medication to a perfectly healthy individual who answers the door.

      These people aren't police officers. They're mob justice. Shoot first and think about the situation afterwards. The motto is "protect and serve" not "guns blazing."

    6. Re:Fucking cops by Daemonik · · Score: 4, Interesting

      I have many guns.

      The Conservative dichotomy: I must be armed so that I can keep the police from oppressing me/We need strong police to protect us.

    7. Re: Fucking cops by Anonymous Coward · · Score: 2, Insightful

      I mean imagine if it was a real hostage situation and the hostage was sent to open the door.

    8. Re: Fucking cops by Applehu+Akbar · · Score: 2

      I mean imagine if it was a real hostage situation and the hostage was sent to open the door.

      You jest, but now that SWAT teams are behaving this way, that is exactly what the bad guys are going to do if the cops show up: shove the hostage out the door, and then jump out a back window as he is being reflexively blown to pieces.

    9. Re:Fucking cops by Anonymous Coward · · Score: 1, Insightful

      Police are generally supporters of the right for civilians to legally bear arms. Conservatives and police know something you don't: that law abiding citizens and cops have nothing to fear from each other. Until some dolt calls in a threat that inside a house there is an armed, extremely dangerous person.

    10. Re:Fucking cops by Anonymous Coward · · Score: 3, Insightful

      The liberal dichotomy: I don't trust my fellow citizens being armed / I must trust the same police that I hate to round up and arrest all the citizens with guns.

    11. Re:Fucking cops by Kohath · · Score: 2

      The Conservative dichotomy: I must be armed so that I can keep the police from oppressing me/We need strong police to protect us.

      Yeah, "law and order" types need to think it through. You don’t want big government messing up your life, but you want tough enforcement by big government?

      You want to protect your right to own guns, but you support the police who will be at your door to take your guns the next day if courts would let them?

      Some of them are old and remember being afraid of crime 30 or 40 years ago when there was a lot of crime. There’s less crime now.

    12. Re:Fucking cops by magzteel · · Score: 4, Insightful

      they showed up and a man walked out unarmed.

      That man moved his right hand up very quickly, starting from the waist. That would look to the cop like he was pulling a gun from his waist, and so he was shot. Next time you raise your hands, raise them extremely slowly, so as to prevent the cop from assuming you are pulling a weapon from your pants.

      I support law enforcement but this guy was killed for no reason. He was an innocent guy who opened his door to see what was going on outside. He sees a lot of lights and people are yelling at him. He may have been raising his hand to try to shield his eyes from all those lights so he could see what was going on.

      The fact that police work can be a dangerous job should not grant police the right to shoot first and ask questions later. They are in the wrong profession if they can't make correct decisions in the heat of the moment. There were multiple cops outside, only one fired. That cop shouldn't be an armed police officer. One innocent dead guy is one too many.

    13. Re:Fucking cops by Calydor · · Score: 2

      That girl wore some very provocative clothes. That would like to the man like she wanted to be raped. Next time you go out, wear very conservative clothes that show no more than 3% skin so as to prevent men from assuming you want to be raped.

      See how your logic works?

      An innocent person with no fucking clue what's going on should be allowed to react with fear and wanting to INSTANTLY SHOW HE IS NO THREAT.

      --
      -=This sig has nothing to do with my comment. Move along now=-
    14. Re:Fucking cops by Uberbah · · Score: 3, Insightful

      Based on the 911 call, he wasn't. He was a murderer who had already killed one, and was about to kill two more.

      And for all the cops knew, this was one of the hostages walking out the door.

      Based on the 911 call, he had a hand gun.

      A handgun no one saw. Don't know about Kansas cops, but I had firearms safety when I was eight and one of the cardinal rules was "always know what you are shooting at". Also the 911 all described a completely different house, a fact that none of the pathetic cop excuse makers will acknowledge.

      That detective should make intelligent decisions based on evaluating the situation.

      Decisions like "hey we're pretty damned safe since we're a hundred feet away and in cover".

      and the suspect raises his hands suddenly

      Empty hands two seconds after walking out his own door.

      What would you do, wait for him to shoot at you or shoot him first?

      See above on distance and cover. Even if that was an actual hostage taker, the cops chances of winning the Powerball on his way home would be greater than the suspect getting off a successful hip shot at that range.

      The procedure how SWAT approaches suspects should be altered such that police should carry bulletproof shields.

      They had shields.

      So blame senior police management who were responsible for the training and policies, not the cops.

      There was a little court case a while ago that settled the issue of "just following orders".

    15. Re:Fucking cops by Uberbah · · Score: 3, Interesting

      This is a gross distortion of the facts. They don't shoot people all the time, it happens occasionally.

      It's barely February and American cops have already shot more people than most other countries do in a decade. And that's only looking at lethal shootings, not cases like a 2014 incident where a cop shot a man for following the cops orders who survived.

      A lot is expected of cops, regardless of what the bigots in the #BLM think.

      The fact that cops can gun people down for no reason and get away with it, throughout most of the country, puts the lie to that statement.

    16. Re:Fucking cops by Uberbah · · Score: 2

      We don't have the guns to protect us from the police. We have them to protect us from people breaking into our homes.

      And then its the cops doing a no-knock raid on your house for a bogus warrant (or when they should be going to the house across the street) and they will shoot your dumb ass if you're holding so much as a cell phone?

    17. Re: Fucking cops by Anonymous Coward · · Score: 1

      If you call this "under control", I do not know why not nuke the entire city so that the criminals willl not reappear there in say twenty years or so. First thing is making officers feel safe isn't it.

    18. Re:Fucking cops by SuiteSisterMary · · Score: 3, Insightful

      The answer to 'what would you do, wait for him to shoot at you, or shoot him first' is answered 'Yes, I'd wait for him to shoot us first; if we're back and in cover, and he isn't carrying a rifle, he's not going to be doing much damage to us. We, presumably, have done our jobs and cleared civilians out of the area. We can always shoot him later, but we can't unshoot him. And we have voluntarily chosen to not only go into the field of police work, but specifically into the specific subfield of SWAT or whatever; we know for a goddamn fact that we're putting our lives on the line (but not as much as we would if we worked at, say, a liquor store) and that does not give us the right to shoot a man for having the physiologic reaction of trying to shield his eyes from a sudden bright light.'

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    19. Re:Fucking cops by Kohath · · Score: 1

      The police aren't to blame for something that could have been prevented. They're only rightfully blamed for things they actually do. Stop killing innocent people. Stop killing non-innocent people when there's an alternative choice. Even if that means something bad happens that could have been prevented.

    20. Re: Fucking cops by sjames · · Score: 1

      So the police are now run by Leo Wanker?

    21. Re:Fucking cops by TFAFalcon · · Score: 1

      And get shot for failing to promptly follow orders.

      And that doesn't even consider the panic a person must be feeling when they are suddenly the target of a large number of guns, spotlights and shouting - I'm sure they can calmly asses the situation to determine the correct speed at which the shouted orders should be followed.

    22. Re:Fucking cops by sjames · · Score: 3, Informative

      Then we have the Branch Davidians. The first two cops arrived to simply serve papers and were fired upon one being killed as I recall.

      Your recall is VERY wrong. Nobody walked up to serve a warrent. The compound was rushed by a large group of ATF agents armed with automatic weapons including a team whose job was to immediately shoot all the dogs no matter what else happened. It was a paramilitary assault from the start. Peaceful execution of the search warrant was never contemplated by the ATF.

      Also, the ATF "fibbed" a bit to obtain the warrant.

      And there's a serious issue. Law enforcement at all levels going for the exciting and violent option because knocking on the door and having a polite conversation or arresting an unarmed man jogging alone isn't nearly as much fun as raiding a compound with paramilitary gear.

    23. Re:Fucking cops by magzteel · · Score: 1

      He was an innocent guy

      Based on the 911 call, he wasn't. He was a murderer who had already killed one, and was about to kill two more. That's what the police assumed.

      They assumed wrong, and an innocent man is dead

      He may have been raising his hand to try to shield his eyes from all those lights

      Based on the 911 call, he had a hand gun. So that action would cause the police to assume he was going to shoot at them and so they fired back.

      Again they assumed wrong, and they didn't "fire back". The shot an unarmed man.

      They are in the wrong profession if they can't make correct decisions in the heat of the moment.

      The SWAT team needs detectives who can figure out the situation at the 911 call and also when they confront the suspects. That detective should make intelligent decisions based on evaluating the situation.

      They need to make intelligent decisions and not shoot unarmed innocent people in front of their home.

      It may be a difficult job but it is the job they freely chose. The job entails risk. They can't mitigate the risk by killing anyone they perceive may present a threat.

    24. Re: Fucking cops by david_thornley · · Score: 1

      Nuking the city from orbit is the only way to be sure to stop crime.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  3. Re: Bad Precident? by Anonymous Coward · · Score: 5, Insightful

    So there is nothing between police officers getting away with being trigger-happy and no police at all?

    One might think that proper training and guidelines together with reasonable consequences for officers who abuse their powers might lead to a police force that dies a good job without needlessly murdering citizens.

  4. Re:Bad Precident? by Kohath · · Score: 5, Insightful

    How about a cop who wants to protect life and serve the people of his community rather than shoot them? Let’s hire cops like that.

    Learn what’s going on before opening fire on people. Or don't be police officers at all.

    We don’t need you to shoot us. We can shoot each other just fine. We need a police force to prevent violence and loss of life, not cause it.

  5. 40 years for the police officer ? by cats-paw · · Score: 5, Insightful

    we have a police violence problem. the victim was killed by the police and was unarmed. Well I think he was unarmed, apparently it's difficult to find that out. No matter, if he needed to be armed he would have been.

    by all means let's put the prankster in jail for life and let the officer who showed such incredibly poor judgment and a police department that is operating under almost amazing levels of incompetence skate away without even a slap on the wrist.

    This is not police thinking they were in a bad situation, this is a situation in which police think they need to handle every situation with a SWAT team.

    --
    Absolute statements are never true
    1. Re:40 years for the police officer ? by Anonymous Coward · · Score: 4, Insightful

      we have a police violence problem. the victim was killed by the police and was unarmed. Well I think he was unarmed, apparently it's difficult to find that out. No matter, if he needed to be armed he would have been.

      Indeed, there was a report just this week about police in Baltimore planting toy guns to justify shootings. That's the sort of thing that erodes confidence, and extends beyond mere violence, to a pattern of corruption.

      This is not police thinking they were in a bad situation, this is a situation in which police think they need to handle every situation with a SWAT team.

      To be fair, this isn't a case where that's evident. It is a problem, but don't use this to excuse it. Instead, quite rationally appreciate that while they were mislead into circumstances where they would appropriately deploy a SWAT team, the use of force was nonetheless not properly warranted, and treat the police officer appropriately. If they fired in violation of established protocols and training, then hold them accountable. If they were trained to shoot in such circumstances, hold their trainer accountable, because such protocols are clearly inappropriate and ill-advised.

    2. Re:40 years for the police officer ? by Uberbah · · Score: 1

      Give this cop apologia a rest. For all the LEO knew, the man walking out the door was a hostage. An obviously unarmed hostage.

      Perhaps the cops should have been more wary because of the anonymous 911 call.

      Cops have to deal with false calls all the time. If they can't do that without being dumb panicky shits that murder people, they have no business wearing a badge in the first place.

    3. Re:40 years for the police officer ? by Actually,+I+do+RTFA · · Score: 1

      He was unarmed, everyone admits that. One officer did shoot... although not a member of the SWAT team. The more trained SWAT members did not fire. And lastly, a hostage situation (or potential one) is definitely when I SWAT team should be used. It's not a problem with "every situation = SWAT", it's a problem that " 'Pranksters' can define the situation to require SWAT." If SWAT only responded to active shootouts between war heroes and terrorists, that would be what was reported as occurring.

      --
      Your ad here. Ask me how!
    4. Re:40 years for the police officer ? by david_thornley · · Score: 1

      Perhaps one thing to help would be to get the non-SWAT officers out of the way, or at least for them to holster their weapons.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  6. This new bill looks fine by Anonymous Coward · · Score: 1

    10 to 40 years and prosecuted as murder sounds good, but it does make me wonder why a cold blooded execution isn't prosecuted as murder already. Oh, this is for the kid playing with his phone, not the criminal pulling the trigger? Nevermind, system's still fucked.

  7. Re:Bad Precident? by AutodidactLabrat · · Score: 2, Insightful

    How about a cop who wants to protect life and serve the people of his community rather than shoot them? Let’s hire cops like that.

    After 5 years of "Fight for the TEAM" there are never any such cops.
    Us v. Them all the way
    Republicans, mostly

  8. Re:Bad Precident? by bferrell · · Score: 3, Insightful

    Those who are ready and willing to shoulder full responsibility for their actions. Meaning they think about what they do instead of acting as killing automatons with an "oh well" attitude.

  9. Any investigation of police must be independent by schwit1 · · Score: 4, Insightful

    Every state government ought to have a group whose sole purpose in to investigate and prosecute suspected crimes by local police.

    We also need to outlaw qualified immunity.

    1. Re:Any investigation of police must be independent by jodido · · Score: 1

      There's a Civilian Review Board in New York City and it's a sick joke--it's totally useless for getting any kind of justice where the cops are concerned.

  10. Re: Bad Precident? by Anonymous Coward · · Score: 5, Insightful

    I don't see why you Black Lives Matter types resort to the sort of racism that you've just displayed. Not only does it make you look like hypocrites, but it only serves to hurt your cause.

    Americans of any and all races do support convicting a police officer who does murder somebody else.

    The problem is that when it comes to these recent incidents involving the police, often the supposed "victim" wasn't innocent at all. What you wrongly call cases of "murder" end up being pretty clear-cut cases of the police acting in very reasonable self defense.

    Let's take the notable Michael Brown incident as an example. The media and those on the political left immediately portrayed Brown as a "victim", before all of the evidence came out. Then as the facts of the case became known, it became clearer and clearer that Brown was the aggressor. There was indisputable footage showing Brown violently attacking a cashier minutes before he encountered the police officer. Then it became clearer and clearer that Brown had launched physical attacks against the police officer, including at least one attempt to steal the officer's firearm, before the officer was put in the extremely difficult position of having to use deadly force to defend himself against Brown's aggressive physical attacks. The officer was not a "murderer". He merely defended himself from Brown's attacks.

    Time and time again we find that these incidents do involve the police being attacked with weapons, or the police officers involved otherwise having their lives put in imminent danger by a violent attacker.

    Ignoring the reality of these sad situations doesn't help your cause.

    Mislabeling very reasonable acts of self defense by the police as being "murder" doesn't help your cause.

    Making generalizations about people based on the color of their skin, like you just did, doesn't help your cause.

    Failing to acknowledge the problem of black-on-black violence in most major American cities doesn't help your cause. There have been single weekends in a city like Chicago where more blacks have been killed by other blacks, than there have been blacks killed by police officers (of any race) across the country in the preceding decade.

    For all of your talk about "justice", people like you seem to be the least inclined to do anything positive to actually achieve real justice.

  11. I don't like laws like this! by oldgraybeard · · Score: 1

    Our justice system is getting mucked up with innuendo and complexity.
    BTW I am not a lawyer so I truely don't know what I am talking about ;)

    Example
    Murder Premeditated - did the individual do things in the real world related to planning the crime.
    Murder Hate Crime - what was the individual thinking/feeling when the crime happened.

    Do we really need all these special new laws? When our standard laws might be used as a path to justice.

    Just something I wonder about as an uneducated lay person ;)

    Just my 2 cents ;)

    1. Re:I don't like laws like this! by duke_cheetah2003 · · Score: 1

      Murder Premeditated - did the individual do things in the real world related to planning the crime.
      Murder Hate Crime - what was the individual thinking/feeling when the crime happened.

      Do we really need all these special new laws? When our standard laws might be used as a path to justice.

      Yes, we do. We need all these special case laws so when police stop someone, there is at least one law they are breaking unknowningly, allowing police to arrest, detain and search their victim for more criminal activity.

      Our justice system is very very broken. In a lot of municipalities, justice is a means for the municipality to make money. It's part of their budget to include projected fines and such paid by victims of police.

      Don't believe it? Just take a census of any detention facility in the USA, tell me how many of those inmates were below the poverty line before arrest. I bet it's nearly everyone. Rich people aren't in jail, they can afford to make deals that exchange jail sentences for a big juicy fines and court fees.

    2. Re:I don't like laws like this! by duke_cheetah2003 · · Score: 1

      Rich people aren't in jail, they can afford to make deals that exchange jail sentences for a big juicy fines and court fees.

      Sorry for double post, but I had to add in.. rich people make bail, they can afford lawyers to drag the thing through court for years, costing the state enormous amounts of money. While poor people can't make bail, rot in jail without means to make enough money to pay their fines or hire a lawyer, so they rot in jail longer, get a public defender eager to make a deal with their colleague at the other table. Debtors prison basically. It's all super broken and in dire need of massive reforms.

    3. Re:I don't like laws like this! by Actually,+I+do+RTFA · · Score: 1

      These laws are about clarifying that SWATing is not "phoning in a false police report" (which may be a misdemeanor in some areas) but a felony. Hence, it going from a 1 year maximum to 10-40 years. Deaths that occur in the commission of a felony can usually be charged (depending on the state) as felony murder.

      SO, why add special laws? Cause there are no laws to handle this particular case. And you don't want laws written so they can apply to other random situations that in hindsight oldgraybeard thinks are the same... that way lies arbitrary power in the hands of prosecutors and a lack of predictably.

      I'm not going to get into hate crimes (which have a lot of arguments on both sides). Instead, I'm going to say there is a clear distinction in how you have to rehabilitate someone who: intentionally murders someone for profit (premeditated murder aka murder 1); partner shoots someone during a bank robbery (felony murder); kills someone in a fit of anger after an argument escalates to a shoving match escalates (regular murder aka murder 2); hits someone whlie driving recklessly (vehicular homicide); accidentally shoots someone while hunting (manslaughter) and accidentally shooting someone while hunting while drunk (negligent homicide.) Or maybe I got a few examples wrong, IANAL. But the point isn't to hurt someone because they killed someone. It's primarily to prevent future bad acts, by deterring them via punishment and via rehabilitation. So someone who knew when they woke up they were going to kill someone will get different deterrence and rehabilitation than someone who kills someone because they didn't take appropriate precautions to prevent that death.

      --
      Your ad here. Ask me how!
    4. Re:I don't like laws like this! by david_thornley · · Score: 1

      In the US, premeditated murder is normally considered more serious than spur-of-the-moment murder, Many crimes depend on the intention for their severity and definition. The idea is that accidents happen, and crime is performed, and the two aren't necessarily the same.

      Hate crime laws in the US are for harsher sentences for crimes that are apparently meant to terrorize members of particular groups. Hate crimes, in the US, are basically criminal acts of terrorism.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  12. Deadly Weapon by Luthair · · Score: 1

    Here's a question, why shouldn't swatting be considered assault with a deadly weapon.

    There are definitely big issues with how police deal with reports of crimes, recall also the swat team showing up recently at the home of someone with a phone mistakenly reported as stolen. A big issue is that for someone not a criminal and not currently engaged in a crime the police appearing is entirely unexpected and their brain isn't primed to process the situation and even realize commands are aimed at them.

    1. Re:Deadly Weapon by bored_engineer · · Score: 1

      Taken in isolation, your statement presumes that the police are only a weapon and have no agency. I agree that the caller should face more severe charges than filing a false report, but it's quite dangerous to think of the police as little more than a tool to be wielded.

    2. Re:Deadly Weapon by Luthair · · Score: 1

      You could make a similar argument about a hitman...

  13. Re:Bad Precident? by Freischutz · · Score: 3, Informative

    How about a cop who wants to protect life and serve the people of his community rather than shoot them? Let’s hire cops like that.

    Learn what’s going on before opening fire on people. Or don't be police officers at all.

    We don’t need you to shoot us. We can shoot each other just fine. We need a police force to prevent violence and loss of life, not cause it.

    That is a very valid criticism and generally a good idea that works just fine in many other parts of the world to the point where some countries don't even arm their police officers. Your suggestion is, unfortunately, also fundamentally incompatible with the traditional American fondness for 'come down on them like a ton of bricks' justice where police are heavily militarised, eager to shoot first and ask questions later and trained by defence contractors to use tactics pioneered by the US Army and the IDF when dealing with insurgents in the Middle East.

  14. This is why ... by PPH · · Score: 4, Funny

    ... I carry a gun. Because, not only is carrying an entire cop just too heavy, they tend to go off accidentally far too often.

    --
    Have gnu, will travel.
  15. Re:Oh yeah, and the governemnt's pockets are deepe by PPH · · Score: 1

    California has deep pockets. This gamer was supposed to be in prison. But CA let him out early. So it's on them.

    --
    Have gnu, will travel.
  16. Re:Bad Precident? by Hognoxious · · Score: 1

    I can't see it making any difference to the honest decent ones.

    Both of them.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  17. Re: Bad Precident? by Anonymous Coward · · Score: 1, Insightful

    Pretty sure he was saying that if it quacks like a duck, the police will shoot the duck if it is black. Rather correct. Do cops shoot white people too? Fuck yeah they do.

  18. Re: Bad Precident? by Kohath · · Score: 5, Insightful

    The only problem is leftists pretending that the shitbags are, "jus' a good boy on his way to church. He wus goin' to college next year!" when, in fact, he wus a violent drug-selling asshole who just brutalized the local deli owner, and tried to steal a cop's gun.

    Whether that’s true or false, we still don't need police officers to go murder that guy. The deli owner can do it just fine. Or the rival gangs. Or just any random guy walking by. Guns are cheap and easy to fire.

    We need police to prevent random violence and retaliation. Their purpose is to give a society an alternative means of dealing with problems. If the police are just another rival gang, then it's time for the public to stop sponsoring and supporting them.

  19. Re: Bad Precident? by Cryacin · · Score: 5, Insightful

    One lawmaker argues that the bill is necessary because under the current system if a person phones in a swat call, "there's really no consequence for his actions."

    So in other words, the police themselves are saying, whatever you do, don't call the police. If you call the police, innocent people are likely to die.

    --
    Science advances one funeral at a time- Max Planck
  20. What about the Police? by Anonymous Coward · · Score: 1

    Seriously, what happens to the police who shot and killed a man with no other provocation than an out of state anonymous tip?

  21. Re:Bad Precident? by Dirk+Becher · · Score: 1

    The theory is that every organization that surpasses a certain number of members eventually starts to make compromises when the optimal applicants start running out. In the case of police this means resorting to either hiring Wild Bills or social workers and it seems PD has made their choice.

  22. Doesn't work by rsilvergun · · Score: 1

    prosecutors are generally in it for political points. It's a great way to launch a political career. This tends to make them hard on crime (since that's a popular political issue) and therefor more likely to look the other way at accusations of excessive force. Then you add to that how hard it is to get a jury to convict and it's basically impossible. I suspect if we tried to go independent it would a) be massively underfunded and b) be staffed by folks who couldn't make it as a regular prosecutor.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:Doesn't work by Uberbah · · Score: 1

      Can at least have cops and DA's from different jurisdictions/forces doing the investigating. Police officers shoot an unarmed man minding his own business? At least have the county sheriff's office investigate. Oh, it was the county sheriff's that did the shooting? Have the state highway patrol do the investigation. etc.

      There would still be an institutional bias but it wouldn't be as bad as organizations clearing themselves of their actions.

  23. Re:Bad Precident? by Kohath · · Score: 2

    The theory is that every organization that surpasses a certain number of members eventually starts to make compromises when the optimal applicants start running out. In the case of police this means resorting to either hiring Wild Bills or social workers and it seems PD has made their choice.

    So do less policing then. Stop trying to micromanage (for profit) everyone's driving. Stop being tax collectors. Stop worrying that a 19-year-old might drink a beer. Stop enforcing licensing rules that mostly protect incumbent businesses from competition. And, if you must do some of this enforcement, send unarmed administrators to do it so the real police can do real police work.

    And - this is really critical - fire the bad police.

  24. Re:Bad Precident? by Kohath · · Score: 1

    Look up the number of incidents handled every year vs. shootings. You will quickly see that you already have what you ask for.

    So we can immediately fire the bad officers like this guy in Kansas then? There’s only a few of them, right?

    If police killings of innocents are so rare that we can just live with them as an inevitable consequence of policing, then we can just as easily live with immediately firing the few officers involved.

  25. Wheres that Fucking AI by wolfheart111 · · Score: 1

    When u need them. Cops are the first job I hope is done away with. Replaced by a robot.... that would be sweet.

    --
    [($)]
    1. Re:Wheres that Fucking AI by BlueStrat · · Score: 1

      [ Wheres that Fucking AI ] When u need them. Cops are the first job I hope is done away with. Replaced by a robot.... that would be sweet.

      It won't happen in the foreseeable future for three reasons:

      1. Police Unions

      2. Public Distrust Of "Robot Cops"

      3. Police Unions

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    2. Re:Wheres that Fucking AI by wolfheart111 · · Score: 1

      Then I geuss They will have to muge with the AI, and become semi autonomous. :)

      --
      [($)]
    3. Re:Wheres that Fucking AI by Mike+Van+Pelt · · Score: 1

      When u need them. Cops are the first job I hope is done away with. Replaced by a robot.... that would be sweet.

      CitizenYouAreIllegallyParkedYouHaveThirtySecondsToMoveYourCar*BLAM*BLAM*BLAM*BLAM*BLAM*

  26. Re: Bad Precident? by SoftwareArtist · · Score: 5, Informative

    That should put an end to it.

    Sadly, it wouldn't. Making punishments more severe only has a weak effect on how well they work as deterrents. People always assume if you punish a crime really harshly, no one will commit it. But it doesn't work. People go on doing it anyway. If you're thinking of committing a crime, whether the punishment would be five years in prison or ten just isn't going to affect your thinking much.

    The thing that actually does make a big difference is the certainty of punishment. If you think you can get away with it, you just don't consider the potential punishment much. But if you think you'll probably get caught, that becomes a big deterrent even if the punishment is a lot lighter.

    --
    "I'm too busy to research this and form an educated opinion, but I do have time to tell everyone my uninformed opinion."
  27. Re:Bad Precident? by Anonymous Coward · · Score: 1

    The problem is that the problem is much bigger than that. I doubt that officer in Kansas is a particularly bad guy, it's probably a deeper issue.

    This is far beyond the point where firing individual officers will accomplish anything. Things like this are much more likely to have it's roots in training, doctrine and "e'spirit de corpse". Firing individuals could have worked if they had started out with it when things were beginning to get out of hand, but now the problems seem to be institutional and cultural more than individuals.

    Fixing this will require significant changes in leadership and will have to go all the way down. Maybe they'll need to fire entire units to get rid of the brain damage because this is organisational cancer, not a simple bad apple or two.

  28. Re: Bad Precident? by Darinbob · · Score: 3, Insightful

    And yet there are huge numbers who do support the "it was self defense!" argument for police and citizens alike. Ie, George Zimmerman claims "stand your ground" as a defense even though he followed Trayvon Martin after police dispatcher told him not to, and is not even convicted of manslaughter.

    Maybe they don't support police murdering someone, but they also rephrase it as self defense, or a quick reaction based on police training, or that the suspect probably was guilty of something so that makes it ok.

  29. Re:Bad Precident? by dgatwood · · Score: 1

    He/she thinks that punishing the people who make fake phone calls that lead to a police shooting death will cause the police to not come out. Pedantically, he/she's right, but only because people will stop making the fake phone calls.

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  30. Re:Bad Precident? by geek · · Score: 1

    "We need a police force to prevent violence and loss of life, not cause it."

    Police forces are reactionary by their very nature. What you want is a physical impossibility. They can't be there before it happens unless you want a police state where they are literally listening and watching to everything from the get go.

    This is also the same argument that comes out when people talk about the failing schools. Blame the teachers! The parents that are raising the feral rats aren't at all to blame. This cop may or may not have done something wrong. I'll leave that to the courts to figure out. I do know however that the parents of the swatter did a piss fucking poor job. The swatter himself is degenerative fuck and deserves to lose all freedom for the rest of his life.

  31. I lock someone in a cage with a hungry lion by Beeftopia · · Score: 4, Insightful

    * If I lock someone in a cage with a hungry lion - it's not I who killed them.
    * I release a cobra into someone's bed and it bites them - it's not I who killed them.
    * I chain someone to a pole in hyena country - it's not I who killed them.

    This is all true - but it ignores the context, which is that I put them into an extremely dangerous situation which led to their deaths.

  32. Re: Bad Precident? by ShanghaiBill · · Score: 1, Flamebait

    George Zimmerman claims "stand your ground" as a defense

    No, he did not. Zimmerman's defense was based on a claim of pure self-defense. It was NOT based on "stand-your-ground". The preponderance of the evidence is that he was walking away when Martin assaulted him.

    Personally, I think stand-your-ground laws are stupid. If you have a clear choice between killing someone and safely backing down and walking away, you should be legally obligated to refrain from killing.

    But the Zimmerman-Martin incident is irrelevant to that, since it was not a SYG situation.

  33. Re:Bad Precident? by dgatwood · · Score: 2

    As far as driving goes, I think they should be harsher on enforcement so that everyone would take it for real. If police actually pulled people over going 70 instead of 65, people would quickly realize they should obey the speed limit.

    The reason for lax enforcement is that everybody(*) speeds, and the speed limits are set lower than necessary under the assumption that every car on the road will speed. If someone managed to pull over every car going over the limit, there wouldn't be room on the shoulder, and nobody (including police cars) would still be left on the road. Also, if everyone drove at the posted limit consistently, the entire road system would collapse into total gridlock.

    And, more realistically, if a limited number of police cars started indiscriminately pulling over every car that was speeding, regardless of how far over the limit it was going, you would see a huge increase in traffic accidents, because the police would be busy writing a ticket for a nickel crime, and thus unable to chase down the morons going 30+ over the limit as they speed by.

    So between the gridlock and the huge reduction in road safety, I'm pretty sure that if they started consistently pulling over people for going 5 MPH over the limit, people would probably light city hall on fire, hunt down the people who set bafflingly low speed limits, and put their heads on a pike. Such strict enforcement of speed limits is simply a terrible idea without a complete nationwide (or at least statewide) overhaul of all the posted speed limits.

    * According to an Allstate survey, 89% of American drivers admit to routinely going over the speed limit, and a whopping 40% admit to regularly driving at least 20 MPH over the speed limit. And those are just the ones that admitted it to their insurance company! If I read Purdue's 2008 study correctly, approximately 100% of Indiana drivers think that it is safe to drive above the speed limit, with more than a third considering it safe to drive up to 20 MPH over. Based on that data, it seems likely that when it comes to speed limits, law-abiding drivers amount to a rounding error. Everybody speeds.

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  34. Re: Bad Precident? by Kjella · · Score: 1

    Singapore would be a good counterexample. Consider crimes in the rest of the western world that are met with relatively light sentencing, like drug trafficking and "illegal firearm trafficking" (defined as being in possession of 2 or more illegal guns). In Singapore they are met with a mandatory death penalty, and not surprisingly there's (1) remarkably low occurrence and (2) even lower recurrence of those crimes.

    A remarkably low occurrence because once you're facing the death penalty, why not do more crime. It's the problem all justice systems face, the punishment is supposed to be proportional to the crime but you have a limited dynamic range. Sure we could dial up to where jaywalking = death penalty, but then kidnap-rape-murder couldn't really be punished any harder. Singapore keeps the petty crime away through huge penalties. Does it keep serious crime away... I doubt it.

    --
    Live today, because you never know what tomorrow brings
  35. Re: Bad Precident? by Darinbob · · Score: 1

    Police called it stand-your-ground, according to wikipedia. So my mistake.

  36. Re: Bad Precident? by dryeo · · Score: 5, Funny

    'tis true. Look at other countries with strict sentencing. America for example executes people or puts them away for very long periods in horrible prisons and has one of the lowest murder rates in the free world. Same with illegal drugs, those harsh penalties mean almost no illegal drug use. Meanwhile there is the various Scandinavian countries with very light sentencing plus coddling prisoners, very high crime rates.
    One thing that won't affect crime rates is culture. Having a culture of getting along and deference to authority won't make any difference. Another is economics, when stealing a loaf of bread in Great Britain meant being hung, along with most other crimes, people just sat down and starved rather then turning to crime and the crime rate was almost non-existent.

    --
    https://en.wikipedia.org/wiki/Inverted_totalitarianism
  37. Re: Bad Precident? by easyTree · · Score: 1

    It's not needless murder if some police goon gets to power trip over sanctioned blatant murder which everyone knows will go unpunished.

  38. Re:Bad Precident? by HiThere · · Score: 1

    If I read the summary correctly, the proposed law doesn't charge the incompetent police at all, only the person who makes the misleading call.

    The summary seems to garble together two different actions, one aimed at police incompetence and the other aimed at making prank phone calls...although "prank" is not exactly the correct term for a call that can be expected to lead to, if not death, at least severe property damage. Still, there's often too little actual intelligence involved to call it malicious, and idiotic doesn't imply destructive. A more appropriate punishment would be to deny the perpetrator all use of electronic communications for a decade on penalty of actual confinement in prison (with continued denial of electronic communication) for an additional decade if they break the prohibition.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  39. Re:Oh yeah, and the governemnt's pockets are deepe by PPH · · Score: 1

    Courts ordered California to bring prison population below 137.5% of design capacity. California did not add capacity to bring prison population below this mandated point. Their decision, their liability.

    --
    Have gnu, will travel.
  40. Re:Bad Precident? by zugmeister · · Score: 1

    This cop may or may not have done something wrong.

    Can we can agree that shooting and killing completely innocent people is "wrong"?
    Is there any indication this guy was NOT shot by a cop?
    So a POS caused the SWAT team to be dispatched. Sorta like calling in a fake bomb threat. When it comes down to reality, who pulled the trigger that ended an innocent life? What are we doing about THAT problem?

  41. Re: Bad Precident? by fredrated · · Score: 1

    You muddy the Michael Brown issue. You make it sound like he was shot in a struggle for the gun, but in fact he ran away and the officer pursued him and killed him. You know little or nothing about the cause you are intent on criticizing.

  42. Re:Bad Precident? by Cacadril · · Score: 1

    The handful of videos of police shootings I have seen lately show a police force acting very, very differently from how the police handle situations here in Norway. I think they must have been trained according to fundamentally different philosophies.

    --
    There is no substitute for common sense. Especially, no body of rules will do.
  43. The police were idiots by aberglas · · Score: 1

    How difficult is it to bring a spare gun to a SWAT. They could have just given it to the dead victim and everyone would be happy.

  44. Consequential Damages are crazy by aberglas · · Score: 1

    Because of the nail the shoe was lost
    because of the shoe the horse was lost
    because of the horse the rider was lost
    because of the rider, the message was lost
    because of the message the battle was lost
    because of the battle the kingdom was lost

    So the king sues the iron monger that provided the iron that made the nail?

    1. Re:Consequential Damages are crazy by sg_oneill · · Score: 1

      So the king sues the iron monger that provided the iron that made the nail?

      If the cavalry horse-shoe maker was intentionally acting to cause this chain of events, then yes, yes the king should.

      Otherwise your analogy seriously misses the point here.

      --
      Excuse the Unicode crap in my posts. That's an apostrophe, and slashdot is busted.
    2. Re:Consequential Damages are crazy by SuiteSisterMary · · Score: 1

      Applying that analogy to this situation would be like suing the manufacturer of the chair that the prank caller was sitting in when he made the prank call.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
  45. Re: Bad Precident? by Anonymous Coward · · Score: 1

    Amadou Diallo 's "crime" was being black and perhaps having a wallet. It's hard to tell with all the gunfire, and the fact that he was damn near blown to tiny chunks by the officers.

    Ousmane Zongo's "crime" was being in the crosshairs.

    Oscar Grant's "crime" was being around a cop who wanted to test out his new toy taser on a guy who was already down and cuffed, except his toy was actually his gun. Oops.

    Aiyana Stanley-Jones's "crime" was failure to get out of the way of a flashbang that was fired blindly into her house. She was seven.

    Rekia Boyd's "crime" was running into a drunk cop.

  46. Re: Bad Precident? by Anonymous Coward · · Score: 1

    You need to read about the Michael Brown incident before you spew any more misinformation and disinformation.

    The Wikipedia article very clearly states:

    Credible witnesses did not support accounts that Brown had his hands up in surrender. He was not shot in the back. Forensic evidence showed he was moving toward Wilson.

    Of course Officer Wilson was pursing Brown; Brown had just committed several serious crimes that involved violent physical attacks! Brown needed to be placed under arrest given this harmful behavior he was actively engaging in.

    But instead of surrendering like any sensible person would have done when confronted by the police, Brown proceeded to attack Officer Wilson repeatedly, and Officer Wilson was left with no choice but to defend his own life using deadly force.

    Your comment is a great example of how Black Lives Matter types such as yourself try to distort the truth to fit your nonsensical narrative. You incorrectly portray the aggressor (Michael Brown, in this case) as the "victim", and you incorrectly portray the real victim (Officer Wilson) as the "aggressor".

  47. Re:convergence of technology by Cacadril · · Score: 1

    It's not just the police that's out of control. When shit happens, juries are told the swat team methodology is just the right way of doing things. The whole nation believes the way things are done in TV films is the only way.

    --
    There is no substitute for common sense. Especially, no body of rules will do.
  48. Re:Bad Precident? by Kohath · · Score: 1

    The point isn't that firing a few police officers solves the problem. The point is that they'll never agree to even that.

    The "it's rare, so nevermind" argument is phony. What they're really saying it "it's rare and it doesn't happen to us, so nevermind". Change it so it affects them and all of a sudden it won't matter that it's rare.

  49. What about pizza delivery? by uldics · · Score: 1

    Lets also have a rule, whenever someone orders pizza and the deliveryman drives over a pedestrian, the caller is executed, home confiscated and relatives loose citizenship.

    1. Re:What about pizza delivery? by BobSteinVisiBone · · Score: 1

      Lets also have a rule, whenever someone orders pizza and the deliveryman drives over a pedestrian, the caller is executed, home confiscated and relatives loose citizenship.

      Apples to oranges. A comparable incident would be if someone maliciously ordered pizza delivered to a neighbor's house and in the ensuing confusion the pizza ended up on their roof.

      --
      Bob Stein, http://bobste.in
  50. Re:Bad Precident? by Kohath · · Score: 1

    "We need a police force to prevent violence and loss of life, not cause it."

    ...What you want is a physical impossibility. They can't be there before it happens unless you want a police state where they are literally listening and watching to everything from the get go.

    Police exist to provide a means of settling disputes without the blood feuds and cycles of violence and revenge that exist when there's no law. That's how they prevent violence.

    The problem is that they're now handling this role very poorly, bringing violence where there was none before and escalating minor situations into deadly ones.

    This is also the same argument that comes out when people talk about the failing schools. Blame the teachers! The parents that are raising the feral rats aren't at all to blame.

    I have a similar answer for that teacher. If the kid can't be taught, we don't need to pay you to fail to teach him. Anyone could do that. Or no one. It you can't be blamed, you aren't part of the solution. Just go away. Leave the problem to someone who can be blamed.

  51. I make irrelevant comparisons by Uberbah · · Score: 1

    Tigers, lions and hyena's oh my aren't people, and aren't trained to deal with hostile situations. Cops are. And when said cops fuck up - like shooting at the first unarmed guy to come out the door within seconds when they were at distance and behind vehicles and ballistic shields - they should go to jail. For a longer sentence than the prank caller.

    Being a cop isn't even in the top 20 most dangerous jobs in the USA, once you take out car accidents which don't have anything to do with them needing to get their guns off. Dumb, panicky shits shouldn't be allowed on the force in the first place, but need to be prosecuted for negligent homicide when they fuck up. As this cop did.

    1. Re:I make irrelevant comparisons by Beeftopia · · Score: 1

      Tigers, lions and hyena's oh my aren't people, and aren't trained to deal with hostile situations. Cops are. And when said cops fuck up - like shooting at the first unarmed guy to come out the door within seconds when they were at distance and behind vehicles and ballistic shields - they should go to jail. For a longer sentence than the prank caller.

      This fellow used social engineering to create a context for the cops: that they had an active shooter/imminent mass murder situation, and that he'd tied up his victims in preparation to murder them. The cops accepted this context. I mean who would call in a "prank active shooter" situation?

      This guy comes to the door, and the cops think he's the person about to carry out a massacre. Split second decision - he goes back in, kills everyone, maybe a member of the SWAT team and himself. Or take him out now. Split second life and death decision.

      Because who the f*ck calls in a prank active shooter/imminent massacre situation?

      The "prankster"-cum-murderer created a context for the cops, which they accepted. Just like when a social engineer creates a context for IT support employee, and gets that person to change/give out passwords. The prankster successfully fooled the cops, had them accept a false context, and they responded, in a split-second life and death decision, based on that false context.

      The prankster-cum-murderer just "locked the guy in a cage with a lion", the analogy to this situation being the prankster-cum-murderer "made the cops think this guy was about to commit a massacre."

    2. Re:I make irrelevant comparisons by Uberbah · · Score: 1

      Cops get false or misleading calls all the time - not only did the house they roll up to not match the caller's description, it didn't even have the right number of floors. For all the cop knew, the man walking out the door was a hostage, but more importantly was unarmed and made no sudden moves towards police - who were all at a safe distance and in cover.

      So this copologia doesn't fly.

  52. Re:Since we are all lawyers here by Uberbah · · Score: 2

    Since we're not willfully obtuse authoritarians, we can see that cops who had a house (that didn't match the description in the 911 call) surrounded, at distance, were in cover and yet shot the first person to come to the door within a matter of seconds.

  53. Yes, lets by Uberbah · · Score: 1, Informative

    Cops don't have dangerous jobs in the USA - roofers, retail workers, fishermen about a dozen other professions all have it harder than cops do, and thats before taking out car accidents that have nothing to do with Officer Fife needing to get his gun off.

  54. Re: Bad Precident? by Uberbah · · Score: 1

    ave to reign in the police unions to do that, but to the people yelling loudest about abuses public sector unions are sacrosanct.

    You can stop trying to fuck that chicken now. I know you would really like to make this "the left supports unaccountable police unions" thing happen, but it's not going to happen. Unless you can point to where leftists and the UAW have gotten together to allow auto workers to beat people heads in with wrenches (for no reason) and get away with it scott free, of course.

  55. Re: Bad Precident? by Uberbah · · Score: 2, Interesting

    Singapore would be a good counterexample.

    Unless it's not. Cops in NYC insisted that stop-and-frisk was responsible for lowering crime rates, and if the policy was ended, crime rates would go back up. Policy was ended....and crime rates continued to fall.

  56. Re: Bad Precident? by Anonymous Coward · · Score: 1

    Any country that allows itself to murder it's citizens is by definition not very safe in my opinion.

  57. Re: Bad Precident? by c6gunner · · Score: 1

    How about a cop who wants to protect life and serve the people of his community rather than shoot them? Letâ(TM)s hire cops like that.

    Sounds good; when are you signing up?

  58. Re:The cop was a good shot by bored_engineer · · Score: 1

    That's some pretty lousy trolling. I think you can do better. Try again.

  59. Re: Bad Precident? by PrimaryConsult · · Score: 1

    It's not death penalty for everything, but proportionately high penalties for everything. Fines for seemingly common things like fare evasion or littering reach into the S$1000s. Thus, no littering and no one dares jump a turnstile. For price perspective the cheapest adult train fare is less than 80 cents.

    A few years ago Singapore was listed as the #1 safest country for women to travel alone. This is a country where four completely opposite cultures live peacefully (Chinese (Atheist and Buddhist), Islamic, Indian (Hindu and Buddhist), Western/Christian). If the high penalty / high enforcement system did not work, it would be a lot worse than America's minor white/African American/Hispanic friction (which all fall under Western/Christian).

  60. Re: Bad Precident? by PrimaryConsult · · Score: 1

    I see your sarcasm, but it's completely wrong. We do not have strict sentencing on the level of Singapore. There's "deals", "parole/good behavior", and "release due to overcrowding" which all allow violent offenders the chance to get back out there and do it again. Our prisons are also a lawless place - they do not rehabilitate but instead breed worse criminal behavior. As for the death penalty, there's reluctance to use it, and no such thing as a speedy, mandatory, no-pleading-out death penalty. The US implementation is a reverse lottery, rather than a sure thing.

    As for culture, there's at least 4 separate cultures in Singapore that manage to get along.

    As for economics, that's a failure of the US social safety net. Singaporeans have government provided jobs and housing as a safety net. The US cuts low skill government jobs every time there's a financial crisis (the NY Subway got rid of many train cleaners in the late 2000s). So we have dirty trains and homeless people while they have clean, well landscaped everything and employed people.

  61. Re: Bad Precident? by Kohath · · Score: 1

    ... George Zimmerman ... even though he followed Trayvon Martin after police dispatcher told him not to, and is not even convicted of manslaughter.

    So if you follow someone against instructions and he attacks you, you're supposed to let him kill you? I guess that's why we have jury trials: to answer those sorts of questions.

    What crime would you convict George Zimmerman of for following someone against instructions where nothing bad ends up happening? You must consider following someone to be criminally reckless in some way for this to make any sense.

  62. Re: Bad Precident? by Darinbob · · Score: 1

    An unarmed person was shot, and there was little evidence about what really happened or if he was really attacked or merely felt threatened. Zimmerman had phoned the police often in days and weeks before the shooting, complaining about suspicious people and that they kept getting away.

  63. Re: Bad Precident? by AutodidactLabrat · · Score: 1

    Shitbags who put toy guns under unarmed men should be hanged

  64. Re: Bad Precident? by Kohath · · Score: 1

    ... there was little evidence about what really happened...

    Hence the Not Guilty verdict. When no one can really say for sure what happened, it's reasonable to doubt that he wasn't engaged in self defense. He doesn't have to prove it was self defense. The state has to prove it wasn't.

    Obviously I have no idea whether it was or wasn't.

  65. More addons to this by laurencetux · · Score: 1

    1 Have the persons prison uniform marked with a flag for SNITCH

    2 make sure they spend plenty of time in "Gen Pop"

    3 have an Admin review decide if it was a "good shoot" (hint unless the person that got swatted was guilty of SOMETHING ELSE it ain't)

    4 any costs/payouts from the civil suit come from the Police Pension Fund

    1. Re:More addons to this by Actually,+I+do+RTFA · · Score: 1

      I object to your "admin review" rule. Being guilt of anything else shouldn't in any way excuse police misconduct on an unrelated issue.

      --
      Your ad here. Ask me how!
    2. Re:More addons to this by laurencetux · · Score: 1

      My side note was not intended as part of the "rule" but was to be considered as more or less a start of a decision tree

      Valid Warrant for other Reason
      NO: BAD SHOOT proceed to punishment phase
      YES: Suspect Armed, Dangerous , Immediate Threat?
                      NO: BAD SHOOT ---- ...

  66. Re: Bad Precident? by Darinbob · · Score: 1

    Back to the original point, there were people who did not mind that a black guy got killed, and there are people who don't mind if a police officer shoots someone, even if the victims were unarmed. Yes, most people think it's a tragedy, but there is the fringe who don't. I brought up Zimmerman because in some circles he's celebrated as a hero.

  67. Re: Bad Precident? (sic) by davecb · · Score: 1

    One lawmaker argues that the bill is necessary because under the current system if a person phones in a swat call, "there's really no consequence for his actions."

    In Canada, it's Criminal Misconduct, and also Criminal Harassment see https://www.canlii.org/en/bc/b..."> R. v. B.L.A., 2015 BCPC 203 (CanLII)

    I'm not prepared to believe the US is a lawless domain: I am prepared to suspect the unnamed legislator of lying. Or perhaps mere stupidity.

    --
    davecb@spamcop.net
  68. Re: Bad Precident? by Kohath · · Score: 1

    Back to the original point, there were people who did not mind that a black guy got killed...

    There were people who were ecstatically happy a black guy got killed because they make their living exploiting race grievance. If Travon hadn't been black, they wouldn't be daydreaming about the $$$ they're going to make from "community organizing" the aftermath. The white racists and the minority community organizers feed off each other.

  69. Re: Bad Precident? by SumDog · · Score: 1

    > jaywalking = death penalty

    There was a Star Trek TNG where a civilization had that.

  70. Re: Bad Precident? by Uberbah · · Score: 1

    Have you always made up stupid hysterical bullshit in order to avoid a simple point, or has this been a recent condition for you?

  71. Re:Bad Precident? by Cinnamon+Beige · · Score: 1

    In this case, yeah, it didn't happen in one of the areas where the laws were adjusted to treat swatting appropriately instead of as a harmless & amusing prank--once you can cause significant harm by making a false report, the penalty needs to be more than the usual slap on the wrist of misdemeanors.

  72. Re: Bad Precident? by dryeo · · Score: 1

    I'd argue that enforcement is more important then high penalties. You can have the death penalty for jay walking but if charges are seldom or never laid, it won't affect the numbers of jaywalkers.
    Police states usually have low crime as once a police state is implemented for political reasons, it can also be used for plain crime. The Soviet Union had low crime, even Iraq was a fairly safe place and Cuba is perhaps the safest place in Latin America, ignoring political crimes in all cases.
    Singapore is fairly authoritarian, small with a large police force, a culture (or cultures) of subservience to authority and enforces its laws. There's $1000 fines for littering where I am but it isn't enforced and there is tons of littering. Same with vandalism. Those German students may have been just as discouraged from being repeat offenders by serving one month in jail, and knowing that if they repeat the offence, they will be caught.
    Singapore also has a fairly good safety net combined with very high employment, which reduces the desperate type of criminal as you seem to recognize.

    --
    https://en.wikipedia.org/wiki/Inverted_totalitarianism
  73. Re:Since we are all lawyers here by Cinnamon+Beige · · Score: 1

    I actually can understand the 'did not match the description in the 911 call' part, but that's because people under stress have lousy memories and some of the experiments proving this are actually quite easily and regularly repeated as a demonstration, they're that reliable in their results. You'll also get some...remixes on addresses, too, which is why modern 911 systems don't require you be capable of giving your location accurately.

    The call itself ought to have tipped them off, though, since it was to the non-emergency number and apparently there wasn't even spoofed to a local number (never mind a phone belonging to the address), and I've yet to see a decent explanation for why attempting to call the house as the first move was ruled out. Hell, pretend to be scammer or something otherwise relatively innocent; you don't have to say you're the cops when you're just trying to make sure you're not doing something like having a tense standoff with a completely empty house.

  74. Re: Bad Precident? by mjwx · · Score: 1

    That should put an end to it.

    Sadly, it wouldn't. Making punishments more severe only has a weak effect on how well they work as deterrents. People always assume if you punish a crime really harshly, no one will commit it. But it doesn't work. People go on doing it anyway. If you're thinking of committing a crime, whether the punishment would be five years in prison or ten just isn't going to affect your thinking much.

    The thing that actually does make a big difference is the certainty of punishment. If you think you can get away with it, you just don't consider the potential punishment much. But if you think you'll probably get caught, that becomes a big deterrent even if the punishment is a lot lighter.

    Getting caught committing a crime is a risk.

    The thing about risk is that it's actually two categories, severity and likelihood. Severity is how bad the punishments are, likelihood is the chance you'll get caught. Jacking up the severity doesn't work if the likelihood is very low. Raising speeding fines to £1000 of 1 MPH over wont do much if the police never enforce it.

    Just making harsher punishments does not make society safer, in fact it does the opposite, if the punishment for burglary is high, why not turn that B&E into a murder, it reduces the chance of being caught and the punishment is harsh enough that it's not that much less than murder.

    We're be better off enforcing a lesser punishment.

    --
    Calling someone a "hater" only means you can not rationally rebut their argument.
  75. Re: Bad Precident? by chihowa · · Score: 1

    It shows that the Australian government is authoritarian and the people are capable of being bullied into compliance.

    Getting rid of drunk driving is a laudable goal, but keeping people from driving even 1 kph over an arbitrarily set speed limit is not. What will they go after next and why is this sort of behavior a good thing?

    --
    If you want a vision of the future, imagine a youtube comments section scrolling - forever.
  76. Re: Bad Precident? by david_thornley · · Score: 1

    Yeah, young children playing with toy guns are extremely dangerous, and anyone armed in the vicinity should shoot them.

    Michael Brown is a really bad example for BLM, and they shouldn't mention him. There are other cases where the police officer shows up, shoots an unarmed child, and is not held accountable.

    If police were imprisoned for a long time for shooting people who presented no actual danger, people would be more willing to accept Michael Brown as a justified case.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  77. Re: Bad Precident? by david_thornley · · Score: 1

    Since she was a fairly young blonde woman, I'm expecting a bad law to come out of this. I don't know her eye color, but if it was blue it would be a near-certainty.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  78. Re:Oh yeah, and the governemnt's pockets are deepe by PPH · · Score: 1

    It would take years to build out sufficient prison capacity

    Gov. Schwarzenegger declared overcrowding an emergency in 2006. The state did nothing. There are numerous unused military facilities that they could have put to use as minimum security prisons. Nope. Wouldn't do that either. The state had more than a decade to permanently solve the population problem. And they did nothing.

    Time to put that shit hole state under martial law.

    --
    Have gnu, will travel.
  79. Re: Bad Precident? by silentcoder · · Score: 1

    And what exactly was Tamir Rice guilty off ? 12-year old kid with a BB-gun. Even if it had been a REAL gun - why shoot him ? Isn't gun rights supposed to be enshrined in the constitution ?

    It's not like he was threatening anybody, there's video that shows he did nothing wrong.

    For that matter, what exactly did John Crawford do wrong ?

    I could keep going -but the fact is even if you were right about Brown - I can list a hundred names of people killed where it's absolutely, provable that they did nothing wrong- and where no cop faced any justice.

    --
    Unicode killed the ASCII-art *
  80. Re: Bad Precident? by silentcoder · · Score: 1

    Where is the evidence that he had an assault record ? Oh right, he didn't.

    Even if you are right about guns. So. Fucking. What.

    He was American - he had a constitutional right to own a gun if he wanted to.

    You do know that black people have that right as well ? Right ?

    Amazing how the SAME people who keep fighting even the most basic of common sense gun regulations ALSO keep claiming that "I thought he had a gun" is a justification for killing somebody !

    --
    Unicode killed the ASCII-art *
  81. Re:Bad Precident? by silentcoder · · Score: 1

    If I ever wanted to follow a career in law enforcement - I would only even CONSIDER doing it in a country where teh police do NOT carry guns.

    That's most civilized countries.

    Intriguingly it doesn't seem to cause the anarchy you seem to fear it would. The UK doesn't arm police - they ONLY get given guns for specific, known-dangerous operations and have to give them back after the op.
    They patrol unarmed.

    Since 2000 only 3 people have been shot by police in the UK - and nobody is therefore accusing the UK police of being trigger happy and wondering if there is maybe too many for it all to be legitimate ?
    Oh, and they have a LOT less cops who GET shot than the US police as well.

    So, to answer your question - I would refuse to be a cop WITH a gun.

    --
    Unicode killed the ASCII-art *