Tyler Barriss charged with involuntary manslaughter in Wichita swatting

[chazus]

Hopefully they also charge him with whatever else they can make stick though....like filing a false police report.

Considering the number of times he's done this, he has effectively like 5-10 felonies that he could be hit up with. Not only that, but Canada's feds want a piece of him too, for threats he made against a canadian citizen. So... it could end up being much much more than just this one thing.

[Evil Midnight Bomber]

Considering the number of times he's done this, he has effectively like 5-10 felonies that he could be hit up with. Not only that, but Canada's feds want a piece of him too, for threats he made against a canadian citizen. So... it could end up being much much more than just this one thing.

Apparently he could face some charges back in California as well.

[FurryRedVixen]

Even if that analogy holds, the prosecutor would still have to prove intent to kill...which is pretty much impossible in this case. There's no way he could know that the unique set of circumstances that led to the death of this man would unfold in the way they did.

there actually is, but it would involve listening, in its entirety, the horrible cringe worthy phone call he did. As he did say the right trigger words, murder, hostage, child, set fire, bomb etc these trigger words are words service people look for in an effort to ascertain the situation at hand and to evaluate threat to those in the house and to the officers.

knowing this mans past, we could say he knew what to say to create the worst of the worst situation possible.

[chazus]

As much as I want to say 'string him up for all hes worth', I don't think anything more than a year will really do any good. It's not going to teach him any more of a 'lesson' and if anything will just spit him out a worse person than he is already.

There's a fine line between 'getting what the deserve' and 'wasting our time and taxpayer dollars for indirect revenge'

[Hugnomo]

My goodness. Every thing about this is so wrong.
Both kids and the intermediary should go to jail as far as I'm concerned. Text book involuntary manslaughter.

Quoting myself here from the thread that broke the story. I'm glad proper punishment is being used.

[Independent voter]

In Kansas there are seven criminal homicide offenses: capital murder, first-degree murder, second-degree murder, voluntary manslaughter, involuntary manslaughter, vehicular homicide, and assisting suicide. Involuntary manslaughter (also referred to as "criminally negligent homicide" in some states) is a type of criminal homicide. This article provides a brief overview of Kansas' involuntary manslaughter law.

What's the Difference Between Murder and Manslaughter?

Manslaughter is viewed as being a less serious crime than murder because it is done without malice (the intention or desire to kill or cause serious bodily injury). Murder, on the other hand, is considered to be a more serious crime because it is an unlawful killing committed with malice aforethought, under specific circumstances described by each state.

What's the Difference Between Voluntary and Involuntary Manslaughter?

Once it is determined that a killing in Kansas was done without malice, the next big question to ask is whether the homicide should be classified as voluntary or involuntary manslaughter. The answer to this question hinges on whether or not the killing was done intentionally.

If the killing was done intentionally, but the offender didn't previously plan to kill the victim, then the homicide will likely be classified as voluntary manslaughter. However, if the killing was unintentional and resulted from recklessness, or occurred during an unlawful act (that doesn't rise to the level of being an inherently dangerous felony), then the offender has likely committed involuntary manslaughter.


Intended to swat the guy but I guess he didn't intend to kill him.

[Katsutomai]

Mm.. No. I think he deserves at the very least a murder charge. He KNEW that shit was dangerous and still knowingly made the call. He made up a whole bunch of bullshit to make it seem like there was extreme danger.

[LiiLoSNK]

One kid marked the kill target.
One kid invited the "hitman" to the group.
"Hitman/Barris" summoned the geared DPS cop.
Cop topped DPS.

If any 1 of these people weren't in the raid, the target would still be alive. So far, only Barris has gotten loot.

[RobertoCarlos]

In america it should be attempted murder. Their cops dont mess around and should expect the worst when you make a call pretending to shoot your father in the head and setting the house on fire with your mother and sibling trapped in the closet. It was calculated and planned

Problem would be getting your charge to stick in court though so guess they had to downgrade it

[chazus]

In america it should be attempted murder. Their cops dont mess around and should expect the worst when you make a call pretending to shoot your father in the head and setting the house on fire with your mother and sibling trapped in the closet. It was calculated and planned

Problem would be getting your charge to stick in court though so guess they had to downgrade it

Exactly. There's no way it would go through as attempted murder, since even though it was planned, he likely didn't intend to have anyone killed... And if that doesn't fly, he can't be tried again (double jeopardy). They'll go with the thing that definitely sticks.

[RobertoCarlos]

Exactly. There's no way it would go through as attempted murder, since even though it was planned, he likely didn't intend to have anyone killed... And if that doesn't fly, he can't be tried again (double jeopardy). They'll go with the thing that definitely sticks.

Doesnt mean I agree with it. Just like disclosure laws that protect the rich and famous from the public because it "damages their career more than a cleaning lady so they deserve more protection". I would like a different justice system but the one we currently have makes too much money and employs too many people so its going no where. It should be difficult to prove your case but the way it is currently you literally need the criminal to say "I did it because of......" and give away their intent. I dont like the way lawyers can cherry pick the jury either but I digress.

[LiiLoSNK]

Exactly. There's no way it would go through as attempted murder, since even though it was planned, he likely didn't intend to have anyone killed... And if that doesn't fly, he can't be tried again (double jeopardy). They'll go with the thing that definitely sticks.

"The case, Bennett said, has been unique and there’s not a lot of previous case law to reference. For that reason, the investigation remains ongoing and the charges against Barriss could be modified."

I don't think it matters what they got him with right now, as it's subject to change.

[ramjb]

In america it should be attempted murder. Their cops dont mess around and should expect the worst when you make a call pretending to shoot your father in the head and setting the house on fire with your mother and sibling trapped in the closet. It was calculated and planned

Problem would be getting your charge to stick in court though so guess they had to downgrade it

Shouldn't attempted murder go to the guy who "hired" the hitman (Swautistic), not to Swautistic himself?

This is a classic first year exam question in criminal law. Groom hires Hitman to kill Bride. How many crimes can be charged, and what is the likely outcome?

The first crime is conspiracy to commit murder. Whenever two or more people join together to commit a crime, the joining together is a crime of its own, usually a felony. So both G and H are guilty of conspiracy to commit murder.

H is guilty of murder by direct intent. H intentionally took the life of another with no excuse or justification, such as insanity.

G is guilty of murder in two possible ways.

The first is transfer of intent. Although G did not himself kill B, it was G’s intent that was the proximate cause of B’s death. Under the Model Penal Code, I would probably argue that hiring the hitman constituted the “prior act” necessary to constitute the crime.
The second is a deviously circular argument for felony murder. Hiring someone to commit a crime is a felony. Conspiracy to commit a crime is a felony. Any felony that results in the death of another automatically escalates that death to first-degree murder.

So you can get four life sentences out of this: G and H are both guilty of conspiracy to commit murder, and are both guilty of first-degree murder.

[Xar226]

Sounds perfect to me.

Agreed. This is an appropriate charge and one that is likely to get a conviction. If you overcharge somebody you run the risk of not securing a conviction even if the jury agrees he did something horrible.

[Jtbrig7390]

Considering the number of times he's done this, he has effectively like 5-10 felonies that he could be hit up with. Not only that, but Canada's feds want a piece of him too, for threats he made against a canadian citizen. So... it could end up being much much more than just this one thing.

I hope so because this isn't enough IMO.

[RobertoCarlos]

Shouldn't attempted murder go to the guy who "hired" the hitman (Swautistic), not to Swautistic himself?

Yes they both should be charged the same. Wont happen though and im unsure what happens in events where people ask someone to do the crime. The law only really seems to care about the person that did the crime not the person that started it.

[Video Games]

4 years is really light considering the lizard squad guy got 2 and nobody even got hurt. Hopefully his other stuff can get him to 10 or so.

[Stormspark]

Not enough by far. It needs to be 1st degree murder. He needs to have an example made of him.

[Allerius]

Doubt he will get convicted and the charges are dumb. Shooting someone opening a door without talking first when you're there based on unconfirmed allegations from a random phone call. The blame is 100% on the cop.

[RobertoCarlos]

Doubt he will get convicted and the charges are dumb. Shooting someone opening a door without talking first when you're there based on unconfirmed allegations from a random phone call. The blame is 100% on the cop.

probably because of stuff like



dont give you much time to react