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by srothstein
Sun Dec 31, 2017 2:28 am
Forum: The Crime Blotter
Topic: KS:Witchta man dies after fake "Swatting" call
Replies: 93
Views: 26584

Re: KS:Witchta man dies after fake "Swatting" call

I watched the video and I don't see everything in it that the news reports say was there. I do see some things that make no sense to me. I do not believe it is the whole video since it starts in the middle of the confrontation.

First, from the news reports and police briefing released, the victim was told to raise his hands and keep them above his head. He lowered them to his waist and was told again to raise them. He then lowered them again and when he brought them back up, he raised the quickly and with an object in them.

This leads the officer, who was told he had just committed murder, to think he was going to try to shoot at him. The camera looks like a long distance away, but it is just across the street. I would guesstimate this as no more than 25 yards (most streets are about 48 feet across - two lanes for traffic and two for parking with standard lanes being 12 feet), which is a distance most of us (almost all police at least) train to shoot pistols at. This would put the officer in direct danger. But the police spokesman said the officer in danger was tot he right of the victim, not across the street.

Which brings me to point two. I don't see an officer to the right of the victim. I do see a patrol car parked there. What makes no sense to me is why they would park a car there and then have the officer back away to across the street. Tactics would have said to not park that close to begin with, and not to leave the cover of the car to cross an open street.

I am not sure the officers were wrong to shoot, but I am also not sure they were right. I want to see the whole video and a closer view of it (or better image I can study) along with the officers's reports to know what happened and why. I know that will never happen, but I can suggest we all wait until the investigation is complete and hopefully the KBI will be asked to do it for transparency's sake.

I am sure the caller should be charged with manslaughter (under Texas law at least - I don't know what the law in California is). I think I could make a good case for murder. When he called the police he intended for this or something similar to happen to the other gamer. Under Texas law, the intent would transfer to this victim. This would be in addition to any charges of false report to a peace officer and any federal charges for interstate wire fraud. If all California law would go for is manslaughter, the federal charge might be the most punishment. Go for both in successive sentences then.


EDIT - Thanks Steve_M. Your post makes what I was posting a little more clear. You did it while I was writing too.

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