Serial Swatter Charged With Involuntary Manslaughter

rgMekanic

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KWCH12 had an exclusive interview with Tyler Barriss, AKA SWAuTistic, the 25-year-old serial "swatter" whose phony call to Kansas police resulted in the fatal shooting of Andrew Finch is facing charges of involuntary manslaughter; giving false alarm, notifying emergency services and interfering with a law enforcement officer, and falsely reporting a felony. Barriss is currently being held in the Sedgwick County jail on $500,000 bond. If convicted, Barriss faces two to 11 years in prison.

Barriss is also now wanted by Calgary police, for a nearly identical false report the evening of December 22nd (6 days earlier) that sent more than 20 police cars to the home of another online gamer.

Barriss’ prior criminal record includes a jail sentence of two years and eight months after he pleaded no contest in 2016 to charges of making a false report of a bomb and malicious informing of a false bomb, according to the Los Angeles County district attorney’s office. Although he claims credit for over a hundred fake calls to authorities. Barriss also once threatened to kill his grandmother if she reported him for phoning a false bomb threat to a television station, news reports and court documents allege.

I have to be honest. This is a tough story for me to give my opinion about and remain remotely professional. 11 years seems way too light of a sentence. This habitual scumbag cost an innocent man his life. Sedgwick County District Attorney Marc Bennett said "A felony murder in Kansas is when someone dies in the course of an inherently dangerous felony." His calling in a false hostage situation not a dangerous felony? If nothing else, tougher laws need to be on the books to put people like this under the jail.... I would not make a good juror on this one.

"Of course, you know, I feel a little of remorse for what happened. I never intended for anyone to get shot and killed. I don't think during any attempted swatting anyone's intentions are for someone to get shot and killed," said Barriss from the Sedgwick County jail. "I guess they're just going for that shock factor whatever it is, for whatever reason someone's attempting swat, or whatever you want to call it."
 

vegeta535

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Bull shit. He should be charged with murder and given life sentence. 11years should be just for the swating if no one got hurt. Plus pay for all damages and costs for swat going out there. Need to come down hard on people that do this to deter future kids from attempting this.
 

xrealm20

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I wouldn't be objective on this jury as well... He's caused an innocent man to be killed and has called in these threats at schools... Would the conversation be different if 10 kids died because they were trampled to death from people fleeing school?
 

dargon

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Personally speaking, I couldn't be objective either. IMO, for this guy and others like him, we need to dig a very deep hole, throw them into it and then put a cover on top and then just forget about them. My only worry would be that it could lead to C.H.U.D
 

BSmith

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There is something very wrong with this person. He should not be allowed to propagate. Castration should do the trick.
 

sfsuphysics

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He says whatever sentence he faces legally, for his role in the death of Andrew Finch, won't change what happened.

"Whether you hang me from a tree, or you give me 5, 10, 15 years… I don't think it will ever justify what happened."
Huh?

I mean I get it, he's basically saying "it won't bring him back" but his wording of "justify what happened" makes me want to punch him more, because it also sounds like he's saying "why charge me, it won't bring him back"
 

sfsuphysics

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they have very defined rules in regards to felony murder which is why they charged him with manslaughter. It was well explained in this post.
https://arstechnica.com/tech-policy...d-with-manslaughter/?comments=1&post=34630341

But I agree he should get more time. He also should bore the cost of the raid, funeral expenses, etc
Yeah, look what happened in San Francisco with the illegal immigrant, the DA goes too hard for 1st degree murder without much in the way of evidence, someone is going to walk.
 

bugleyman

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Call me crazy, but involuntary manslaughter seems like the right charge to me, and ten years seems like about the right sentence if he is convicted (though only if he serves most or all of it).
 
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Zarathustra[H]

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Involuntary manslaughter seems like a slap on the wrists.

He INTENTIONALLY put the people he called the SWAT team in on in harms way.


That being said, I see how they came to this conclusion through the legal process.

Voluntary Manslaughter involves an intent to kill, albeit without premeditation. Heat of the moment type of stuff.

Involuntary Manslaughter means there was no intent to kill.

We have no reason to believe the person was intentionally trying to kill anyone, so Involuntary Manslaughter fits the description.

There really ought to be something in between Involuntary and Voluntary manslaughter though, seeing the blatant disregard this guy had for the lives of others. He may not have been TRYING to kill anyone, but he showed no concern what so ever with the blatant risks he was exposing other people to through his actions. There ought to be a higher charge available for that level of wanton disregard for human life.
 

Zarathustra[H]

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Bull shit. He should be charged with murder and given life sentence. 11years should be just for the swating if no one got hurt. Plus pay for all damages and costs for swat going out there. Need to come down hard on people that do this to deter future kids from attempting this.

I agree to a point, but they have to follow the legal definitions of these charges, or when they go to trial he will be found not guilty, and get off free.

A murder charge requires there to be intent and premeditation.

he exact verbiage changes from jurisdiction to jurisdiction, but it generally goes something like this:

Intent to kill + Premeditation = 1st degree Murder
Intent to kill + Malice forethought, but no premeditation = 2nd Degree Murder
Intent to kill with no premeditation (heat of the moment) = Voluntary Manslaughter
No intent to kill and no premeditation = Involuntary Manslaughter.

The is a horrible human being with his disregard for human life, but following the definitions above, you can only land in one spot, as there is no evidence of either intent to kill, just an intent to prank or scare, but he was either extremely stupid or completely lacking in his regard for human life to not consider the risks to peoples lives from his actions.

I wish there were a higher charge, but in the grand scheme of things, I'd rather he gets charged and sent to federal "pound me up the ass" prison, than the DA choosing a charge that is higher than he can convict the guy for, and seeing him acquitted.
 

Zarathustra[H]

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So, the actual murderers will walk free, while this piece of shit will rot? Just this ain't
Actual murderers? You mean the police?

The police are the victims of this crime as well. Whenever you have stressful situations with people pointing guns at other people and expecting that they are armed criminals, mistakes will eventually happen, even when those holding the guns are the best of the best professionals. Someone will move unexpectedly, startling someone else, and a gun goes off.

This was bound to happen sooner or later with these swattings, and it doesn't speak at all to the motives, training or professionalism of the swat team in question. Police are humans too, and can not be expected to have a perfect track record during these responses, regardless of how well trained or idealistic they may be. They were doing their job, responding to a reported hostage situation, and I am sure they feel absolutely awful about what happened.

It's the person who made the false report who caused the dangerous situation to occur in the first place. He is entirely at fault here.
 

tgom222

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Yeah, look what happened in San Francisco with the illegal immigrant, the DA goes too hard for 1st degree murder without much in the way of evidence, someone is going to walk.

That jury in San Francisco was way out of line. The guy was not guilty of 1st degree murder. It was a ricochet, he couldn't have (beyond a reasonable doubt) been guilty of 1st degree murder. But, the SJW jury should have convicted him of a lesser included offense. The jury was instructed to consider both 2nd degree murder and manslaughter.

What has made our society great is our fundamental adherence to the rule of law. Americans have traditionally obeyed laws, even if the disagreed with them, using that disagreement to fuel changes in the law. That jury in effect said, "Eff that. We don't care about some white bitch. We hate Trump and his wall!" The break down of the rule of law will revert us back to rule by the strong, a path that was followed by the Roman Republic turned Roman Empire. Sad times.
 

tgom222

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I agree to a point, but they have to follow the legal definitions of these charges, or when they go to trial he will be found not guilty, and get off free.

A murder charge requires there to be intent and premeditation.

he exact verbiage changes from jurisdiction to jurisdiction, but it generally goes something like this:

Intent to kill + Premeditation = 1st degree Murder
Intent to kill + Malice forethought, but no premeditation = 2nd Degree Murder
Intent to kill with no premeditation (heat of the moment) = Voluntary Manslaughter
No intent to kill and no premeditation = Involuntary Manslaughter.

The is a horrible human being with his disregard for human life, but following the definitions above, you can only land in one spot, as there is no evidence of either intent to kill, just an intent to prank or scare, but he was either extremely stupid or completely lacking in his regard for human life to not consider the risks to peoples lives from his actions.

I wish there were a higher charge, but in the grand scheme of things, I'd rather he gets charged and sent to federal "pound me up the ass" prison, than the DA choosing a charge that is higher than he can convict the guy for, and seeing him acquitted.

You got the general jist of the charges correct. I would only add that most jurisdictions add a Felony Murder statute. If a someone dies in the commission or as the result of a felony, it's felony murder. I don't know if falsely reporting a homicide/hostage situation to police is a felony in Kansas. If it isn't, maybe it should be.
 

DigitalisAkujin

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That jury in San Francisco was way out of line. The guy was not guilty of 1st degree murder. It was a ricochet, he couldn't have (beyond a reasonable doubt) been guilty of 1st degree murder. But, the SJW jury should have convicted him of a lesser included offense. The jury was instructed to consider both 2nd degree murder and manslaughter.

What has made our society great is our fundamental adherence to the rule of law. Americans have traditionally obeyed laws, even if the disagreed with them, using that disagreement to fuel changes in the law. That jury in effect said, "Eff that. We don't care about some white bitch. We hate Trump and his wall!" The break down of the rule of law will revert us back to rule by the strong, a path that was followed by the Roman Republic turned Roman Empire. Sad times.
Actually the gun in question wasn't even his. It was laying there and he picked it up to dispose of it, hand it in, etc but it happened to go off when he picked it up. There wasn't even any intent to commit a crime which is why he walked.

In that case even manslaughter is a reach.
 

Tsumi

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Involuntary manslaughter seems like a slap on the wrists.

He INTENTIONALLY put the people he called the SWAT team in on in harms way.


That being said, I see how they came to this conclusion through the legal process.

Voluntary Manslaughter involves an intent to kill, albeit without premeditation. Heat of the moment type of stuff.

Involuntary Manslaughter means there was no intent to kill.

We have no reason to believe the person was intentionally trying to kill anyone, so Involuntary Manslaughter fits the description.

There really ought to be something in between Involuntary and Voluntary manslaughter though, seeing the blatant disregard this guy had for the lives of others. He may not have been TRYING to kill anyone, but he showed no concern what so ever with the blatant risks he was exposing other people to through his actions. There ought to be a higher charge available for that level of wanton disregard for human life.
Reckless endangerment? Criminal negligence? What I hope is that he gets convicted on multiple charges and cannot serve multiple sentences concurrently.
 

GlacierNine

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Who cares?
People who want their tax dollars to go towards stopping crime and rehabilitating those who can be rehabilitated, rather than paying for arbitrarily extreme punishments that only satisfy people's outrage?

Lets be perfectly frank about this - People who say shit like this, in the majority of cases, don't even remember saying it a month later unless reminded. It hasn't meaningfully affected their lives, and hasn't had any lasting mental impact on them either. It's just a kneejerk reaction that makes them feel better. But in return for that kneejerk, you're suggesting that multiple DECADES of a person's care and safety be guaranteed by the tax system that pays for their incarceration, rather than them being rehabilitated and working, paying their own taxes etc.

It's a tremendously shortsighted view.
 
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rgMekanic

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Well, people who aren't psychopaths for one.
People who want their tax dollars to go towards stopping crime and rehabilitating those who can be rehabilitated, rather than paying for arbitrarily extreme punishments that only satisfy people's outrage?
When you realize he's gonna get out in 8-10 years on good behavior but the law and order types would rather he get out with zero life skills only to go back into crime.

Criminal "justice" in 'merica.
You do realize this isn't his first offence right? He's also wanted in Canada right now for doing the same thing before he got an innocent man killed. He's claimed to have done this over 100 times. And has spent 2 1/2 years in jail for it before.

Some people can not be saved.
 

Chebsy

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Rotten Bast*#d !!! I bet he thought it was funny when he was making the calls, what is wrong with people like him !!
 

jojo69

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When you realize he's gonna get out in 8-10 years on good behavior but the law and order types would rather he get out with zero life skills only to go back into crime.

Criminal "justice" in 'merica.

this wad of toe jam is NEVER going to have any meaningful life skills, does not matter what society does or does not do...just look at the fuck, the drugs have stripped away any shred of ethics that may have made it through his genetic predisposition to mental illness and childhood neglect/abuse

we have neither the time, nor money for this

bury him alive and be done with it
 

M76

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The appropriate charge would be conspiracy to commit murder. There is nothing involuntary about it. This is like pushing someone under the bus. "I didn't know he'd die, it was just a prank" Well fuck you and your prank you are clearly a malice to society therefore you cannot be allowed to be free.
 

DigitalisAkujin

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this wad of toe jam is NEVER going to have any meaningful life skills, does not matter what society does or does not do...just look at the fuck, the drugs have stripped away any shred of ethics that may have made it through his genetic predisposition to mental illness and childhood neglect/abuse

we have neither the time, nor money for this

bury him alive and be done with it
He didn't kill anyone. An overzealous cop did.

This idiot was exploited the fucked up american police state that doesn't bother to check anything before they break through doors and kill people in their own homes.
 

face2palm

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We'll see how tough this little pussy is once gen pop gets a hold of him. I have a feeling that the guards won't be too quick to save his ass.
 

bugleyman

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This guy did a an extremely thoughtless, selfish thing which destroyed a life. He needs to do meaningful prison time. But actually carrying out suggestions like "leaving him in solitary forever," however good they might feel, would be illegal and barbaric -- not to mention counter-productive.
 

bugleyman

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He didn't kill anyone. An overzealous cop did.

This idiot was exploited the fucked up american police state that doesn't bother to check anything before they break through doors and kill people in their own homes.
An argument can be made for the America police state being a problem. Even so, that wouldn't IN ANY WAY absolve this guy in the least. He needs to go to prison.
 

SomeoneElse

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He didn't kill anyone. An overzealous cop did.

This idiot was exploited the fucked up american police state that doesn't bother to check anything before they break through doors and kill people in their own homes.
We need to ease up on the "F the Police" attitude, that's the reason we are at this point in society. Everyone is so jumpy across the board that the tension are so high they have no time to react. They got a false tip about a hostage situation and that they guy had already killed someone. They were fully in the process of "we have to take this guy down before he kills anyone else". This guy caused a extremely elevated alarm state for the local police so they had to be ready. Thats the problem with this story is he caused all of this to occur based on a lie. A LIE.......remember the story the boy who cried wolf....if the cops didn't show up on the scene and it was real then what happens? The entire family could have been killed and they would have a killer on the loose.

The swatter is 100% to blame because he set into motion the events that took place. A" puppet master" if you will. He should get everything coming to him. It should come with some heavy weight. His argument is that he did not pull the trigger but in reality he lit the fuse that caused the trigger to be pulled.
 
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Jagger100

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Bull shit. He should be charged with murder and given life sentence. 11years should be just for the swating if no one got hurt. Plus pay for all damages and costs for swat going out there. Need to come down hard on people that do this to deter future kids from attempting this.
Holding him accountable would put more pressure on the Police to be accountable as well.


It's saying swat was his murder weapon. With that the police would have to change policy and they don't want to.
 
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