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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."

44 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 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."
    6. 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.
  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 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.

    3. 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.

    4. 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."

    5. 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.

    6. 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.

    7. 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.

    8. 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.

    9. 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.

    10. 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.

    11. 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=-
    12. 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".

    13. 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.

    14. 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?

    15. 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.
    16. 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.

  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.

  6. 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

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.
  12. 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.

  13. 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
  14. 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.

  15. 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."
  16. 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.

  17. 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.

  18. 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.

  19. 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
  20. 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.

  21. 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.