Wichita PD Murder Unarmed Man At Fake SWAT Call
- Netpackrat
- Posts: 13986
- Joined: Fri Aug 15, 2008 11:04 pm
Re: Wichita PD Murder Unarmed Man At Fake SWAT Call
Absolutely the caller needs to go down for some form of murder, but that does not in any way absolve the police for their role.
Cognosce teipsum et disce pati
"People come and go in our lives, especially the online ones. Some leave a fond memory, and some a bad taste." -Aesop
"People come and go in our lives, especially the online ones. Some leave a fond memory, and some a bad taste." -Aesop
-
- Posts: 1698
- Joined: Fri Jun 20, 2014 11:14 pm
Re: Wichita PD Murder Unarmed Man At Fake SWAT Call
There’s precedent that successfully framing someone for a capital crime, was murder.
That a SWAT raid would result in some type of battery, would be reasonably expected - at the very least, there would be a handcuffing.
Judges/DAs will be hinky about extending murder/manslaughter to be a reasonable expectation over calling in a complaint to the cops.
That a SWAT raid would result in some type of battery, would be reasonably expected - at the very least, there would be a handcuffing.
Judges/DAs will be hinky about extending murder/manslaughter to be a reasonable expectation over calling in a complaint to the cops.
-
- Posts: 1155
- Joined: Sun Jun 27, 2010 2:10 pm
Re: Wichita PD Murder Unarmed Man At Fake SWAT Call
This runs into plenty of jurisditional issues (where does the turd who called in the threat get charged?), but I think that the legally (as opposed to morally) most appropriate charge would be on the order of negligent homicide, i.e., he purposely created a situation which he knew, or should reasonably have known, created a significant risk of death or serious bodily injury, and which did result in death.
Now, does he get charged in KS, CA, or in federal court?
Now, does he get charged in KS, CA, or in federal court?
Fortuna Fortis Paratus
- First Shirt
- Posts: 4378
- Joined: Mon Aug 18, 2008 11:32 pm
Re: Wichita PD Murder Unarmed Man At Fake SWAT Call
Can I vote for "All of the above"?Langenator wrote: Now, does he get charged in KS, CA, or in federal court?
But there ain't many troubles that a man caint fix, with seven hundred dollars and a thirty ought six."
Lindy Cooper Wisdom
Lindy Cooper Wisdom
- Weetabix
- Posts: 6106
- Joined: Fri Aug 15, 2008 11:04 pm
Re: Wichita PD Murder Unarmed Man At Fake SWAT Call
From the link:
Is there more to this?
This doesn't sound like a SWAT raid or what I'd have guessed from reading the posts above. Sounds like bad judgment on Finch's part and a too-happy trigger finger on the cop's part, but not a no-knock, ninja, hut-hut-hut raid.When officers arrived at the scene, Finch opened the door for the officers. As police told him to put his hands up, Finch moved a hand toward the area of his waistband
Is there more to this?
Note to self: start reading sig lines. They're actually quite amusing. :D
- Jered
- Posts: 7859
- Joined: Wed Aug 20, 2008 1:30 am
Re: Wichita PD Murder Unarmed Man At Fake SWAT Call
Essentially, that's deceiving the cops into unlawfully imprisoning someone.BDK wrote: That a SWAT raid would result in some type of battery, would be reasonably expected - at the very least, there would be a handcuffing.
They should go on a case by case basis with that because in this case, the caller WAS NOT making a good faith effort to report a crime. He was making a bad faith effort to deceive the police into disrupting someone's life.Judges/DAs will be hinky about extending murder/manslaughter to be a reasonable expectation over calling in a complaint to the cops.
The avalanche has already started. It is too late for the pebbles to vote.
- 308Mike
- Posts: 16537
- Joined: Wed Aug 13, 2008 3:47 pm
Re: Wichita PD Murder Unarmed Man At Fake SWAT Call
There's no validity to that line of thought. First off, the caller KNEW he was calling in a false/fake complaint - which was more a fatal crime IN PROGRESS - which was called in as a first-person 911 call claiming to be the perp holding folks at gunpoint, and claiming to already have shot the father and threatening to pour gasoline all over everyone he had tied up (IIRC) - hence no Flash-Bangs or tear-gas grenades, they'd have to use non-exploding munitions and such (like 12-ga tear-gas rounds fired thru windows, etc.).BDK wrote:Judges/DAs will be hinky about extending murder/manslaughter to be a reasonable expectation over calling in a complaint to the cops.
OBVIOUSLY quite a bit of premeditation on the caller's part. AFAIC, he committed FIRST DEGREE MURDER (even if he didn't think someone might be killed - but he had to reasonably KNOW that something serious was likely to happen.
There's NOTHING in this incident which should cause any reasonable person to believe they might be charged with a crime for calling in a VALID complaint to the police department.
POLITICIANS & DIAPERS NEED TO BE CHANGED OFTEN AND FOR THE SAME REASON
A person properly schooled in right and wrong is safe with any weapon. A person with no idea of good and evil is unsafe with a knitting needle, or the cap from a ballpoint pen.
I remain pessimistic given the way BATF and the anti gun crowd have become tape worms in the guts of the Republic. - toad
A person properly schooled in right and wrong is safe with any weapon. A person with no idea of good and evil is unsafe with a knitting needle, or the cap from a ballpoint pen.
I remain pessimistic given the way BATF and the anti gun crowd have become tape worms in the guts of the Republic. - toad
-
- Posts: 1155
- Joined: Sun Jun 27, 2010 2:10 pm
Re: Wichita PD Murder Unarmed Man At Fake SWAT Call
Apparently the turd is being charged with making a false alarm, a felony, in KS.
http://www.kbtx.com/content/news/LA-man ... 99843.html
http://www.kbtx.com/content/news/LA-man ... 99843.html
Fortuna Fortis Paratus
- Vonz90
- Posts: 4731
- Joined: Fri Sep 19, 2008 4:05 pm
Re: Wichita PD Murder Unarmed Man At Fake SWAT Call
So I would expect felony murder charges to follow.Langenator wrote:Apparently the turd is being charged with making a false alarm, a felony, in KS.
http://www.kbtx.com/content/news/LA-man ... 99843.html
- Windy Wilson
- Posts: 4875
- Joined: Tue Aug 19, 2008 5:32 am
Re: Wichita PD Murder Unarmed Man At Fake SWAT Call
We talk about suicide by cop, this was murder by cop.
The charge should be murder by proxy, however the DA wants to put it together under the existing criminal code.
They are essentially giving the cop bad info on what is beyond the door. This seems guaranteed to create a bad shoot situation, and it doesn't absolve the SWATTER to say the cop needs to be more alert.
As you all say above, this wasn't a good faith 911 call, there were lies throughout.
Prosecute these SWATTING events with the intent of the caller as the intent to commit murder that it is, and they'll go down in number drastically.
Felony Murder sounds good to me.
The charge should be murder by proxy, however the DA wants to put it together under the existing criminal code.
They are essentially giving the cop bad info on what is beyond the door. This seems guaranteed to create a bad shoot situation, and it doesn't absolve the SWATTER to say the cop needs to be more alert.
As you all say above, this wasn't a good faith 911 call, there were lies throughout.
Prosecute these SWATTING events with the intent of the caller as the intent to commit murder that it is, and they'll go down in number drastically.
Felony Murder sounds good to me.
The use of the word "but" usually indicates that everything preceding it in a sentence is a lie.
E.g.:
"I believe in Freedom of Speech, but". . .
"I support the Second Amendment, but". . .
--Randy
E.g.:
"I believe in Freedom of Speech, but". . .
"I support the Second Amendment, but". . .
--Randy