Tyler Barriss charged with involuntary manslaughter in Wichita swatting

[Evil Midnight Bomber]

he also has priors that will now play into his sentence as well. (i.e he called in bomb threats to a news station or something)

Yup, those will go a long way to ensure his conviction as well. No chance his lawyer can try playing a "he's just a dumb kid...didn't know what it was he was really doing" defense.

[Afrospinach]

Involuntary Manslaughter is... pretty much exactly what it is. He knew it was dangerous, but he assumed that they would just kick the door in, scare him, and that was it. He probably didn't think (or expect) death. the threat of swatting (for the victims) was the hassle and fear, not actual danger. I think that's a fair judgement. It wasn't murder, or homicide, or premeditated or intended.

I don't agree with this at all. IIRC, he phoned in to the police that he was armed, had hostages whom he intended to kill and had covered the place with gasoline ready to burn the house down. I think you are doing this guy a real big favour.

[ramjb]

Injustice: why isn't the police officer that made the shot also getting charged/fired?

[derpkitteh]

that's an acceptable charge.

now what's the cop getting? because he just blasted the guy when he opened the door. he needs to go to jail.

[Firatha]

The swatter should go to jail, the cop should go to jail.

There's so much stupid in this story.

Oh look page one and this shits already started.

[derpkitteh]

Oh look page one and this shits already started.

i'm usually defending the cop in these situations. but there's no defense for this asshole, he needs to go to prison.

[Mister Cheese]

Injustice: why isn't the police officer that made the shot also getting charged/fired?

Hey guy, read the article. They are still trying to decide. This is a highly publicized case. They are setting a precedent here.

[Jimusmc]

Not enough.

also the cop was told someone was dead and a male had hostages. so yeah id shoot first too when a reported murder happened and hostages are there.

[Evil Midnight Bomber]

I don't agree with this at all. IIRC, he phoned in to the police that he was armed, had hostages whom he intended to kill and had covered the place with gasoline ready to burn the house down. I think you are doing this guy a real big favour.

No, charging him with anything more serious would be doing him the real big favour... they charged him with involuntary manslaughter because they can make that case stick...go any higher and he'll beat the charges and walk away a free man.

[chazus]

I don't agree with this at all. IIRC, he phoned in to the police that he was armed, had hostages whom he intended to kill and had covered the place with gasoline ready to burn the house down. I think you are doing this guy a real big favour.

Perhaps, but part of the whole legal system is determining justice. Part of that was intent. I doubt (based off past incidents), that he 'intended' to have the other guy killed. Did he do something that most definitely would have? Sure. But that's not the intent.

If you shove your buddy into a tiger pit as a prank, and he gets mauled to death.. Same thing. Obviously what you did was probably going to get him killed, but that wasn't the intention. Involuntary Manslaughter basically covers the idea of "Stupid but deadly"

Injustice: why isn't the police officer that made the shot also getting charged/fired?

now what's the cop getting? because he just blasted the guy when he opened the door. he needs to go to jail.

Office was immediately placed on admin leave, and they are still working on that. That's honestly the more difficult part. The dealt with Barriss because that's easy. He's a tool and his conviction is pretty clear.

[FurryRedVixen]

No, charging him with anything more serious would be doing him the real big favour... they charged him with involuntary manslaughter because they can make that case stick...go any higher and he'll beat the charges and walk away a free man.

Thats.. debatable at worst. The thing is, is a lawyer wanted to they could go deeper as this man has a history of calling in these things, swats, bomb threats etc, hell he is even wanted in yet another state for a bomb threat, but i digress. If they can show malicious intent, and it wouldnt not be hard considering he has done this many times before, you could then easily argue that his intention was to cause harm, not to scare, and that knowing how volatile the situation with cops and those being arrested are, you can show his intention was far more then just trying to scare someone.

[chazus]

Apparently he is also facing charges in Canada as well for an unrelated thing.

[Evil Midnight Bomber]

Thats.. debatable at worst. The thing is, is a lawyer wanted to they could go deeper as this man has a history of calling in these things, swats, bomb threats etc, hell he is even wanted in yet another state for a bomb threat, but i digress. If they can show malicious intent, and it wouldnt not be hard considering he has done this many times before, you could then easily argue that his intention was to cause harm, not to scare, and that knowing how volatile the situation with cops and those being arrested are, you can show his intention was far more then just trying to scare someone.

But, even if you could prove his intent was to cause serious harm or kill the other player (which would be hard enough), there was no intent to kill the person that actually died.

[Doctor Amadeus]

Throw the book at em!

[ramjb]

No, charging him with anything more serious would be doing him the real big favour... they charged him with involuntary manslaughter because they can make that case stick...go any higher and he'll beat the charges and walk away a free man.

I dunno, I think he ("SWautistic") can use the autism excuse to get away scot free.

[chazus]

But, even if you could prove his intent was to cause serious harm or kill the other player (which would be hard enough), there was no intent to kill the person that actually died.

Thats also true.

If you try to shoot a person in the head to kill them, and miss and the bullet kills someone else, thats involuntary manslaughter, even if your INTENT was murder.

Actually it would probably be written up as Attempted Murder and Involuntary Manslaughter together (and just AM if nobody died)

[Slirith]

I dunno, I think he ("SWautistic") can use the autism excuse to get away scot free.

Law shouldn't allow mental issues to waive away crimes. Stupid as hell

[Mister Cheese]

I dunno, I think he ("SWautistic") can use the autism excuse to get away scot free.

Pleading insanity will not work here.

[Huntingbear_grimbatol]

Isn't this basically sending a hitman after someone?
Calling the police reporting a homicide and a ongoing hostage situation kinda makes the already trigger happy US cops more on edge...
Should get life in jail, just to set the bar for other "kool kidz" that try to call SWAT on people...

[chazus]

Isn't this basically sending a hitman after someone?

Legally, no. That falls under Contract Killing, which is a form of Murder/Homicide.

I wouldn't expect someone to be killed from Swatting, however I (and everyone else) am also unsurprised that it did. That said, it's also a case of... The guy wasn't killed, someone else was. It falls under either Constructive Manslaugher, involuntary, or negligent.