Wichita PD Murder Unarmed Man At Fake SWAT Call

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Netpackrat
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Re: Wichita PD Murder Unarmed Man At Fake SWAT Call

Post by Netpackrat » Tue Jan 02, 2018 8:10 pm

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.
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BDK
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Re: Wichita PD Murder Unarmed Man At Fake SWAT Call

Post by BDK » Tue Jan 02, 2018 9:56 pm

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.

Langenator
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Re: Wichita PD Murder Unarmed Man At Fake SWAT Call

Post by Langenator » Tue Jan 02, 2018 11:58 pm

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?
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First Shirt
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Re: Wichita PD Murder Unarmed Man At Fake SWAT Call

Post by First Shirt » Wed Jan 03, 2018 12:01 am

Langenator wrote: Now, does he get charged in KS, CA, or in federal court?
Can I vote for "All of the above"?
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Weetabix
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Re: Wichita PD Murder Unarmed Man At Fake SWAT Call

Post by Weetabix » Wed Jan 03, 2018 12:12 am

From the link:
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
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.

Is there more to this?
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Jered
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Re: Wichita PD Murder Unarmed Man At Fake SWAT Call

Post by Jered » Wed Jan 03, 2018 1:08 am

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.
Essentially, that's deceiving the cops into unlawfully imprisoning someone.

Judges/DAs will be hinky about extending murder/manslaughter to be a reasonable expectation over calling in a complaint to the cops.
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.
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308Mike
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Re: Wichita PD Murder Unarmed Man At Fake SWAT Call

Post by 308Mike » Thu Jan 04, 2018 2:19 am

BDK wrote:Judges/DAs will be hinky about extending murder/manslaughter to be a reasonable expectation over calling in a complaint to the cops.
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.).

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.
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Re: Wichita PD Murder Unarmed Man At Fake SWAT Call

Post by Langenator » Fri Jan 05, 2018 3:59 am

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
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Vonz90
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Re: Wichita PD Murder Unarmed Man At Fake SWAT Call

Post by Vonz90 » Fri Jan 05, 2018 8:01 pm

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
So I would expect felony murder charges to follow.

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Windy Wilson
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Re: Wichita PD Murder Unarmed Man At Fake SWAT Call

Post by Windy Wilson » Sat Jan 06, 2018 11:17 pm

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.
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