15 Months for Murder

[Ben]

We talked about this swatting incident back when it happened. The guy who made the call is getting a whole 15 months. Recall the cop who shot the innocent man got off with no charges filed.

Imagine being the family of the deceased.

https://www.foxnews.com/us/ohio-gamer-sentenced-to-15-months-prison-time-in-deadly-kansas-swatting-case

[Hawkmoon]

Tragic but, inasmuch as there was no premeditated intent by any of the protagonists to cause a death, definitely not murder. That said, I think the sentence is ridiculously inadequate for the gravity of the incident.

Also, Viner is not the person who actually made the call. However, he instigated it.

[Ben]

Yes, I know it's not legally murder. In Benland however, he would be tarred and feathered, then sent to wild hog island.

[Hawkmoon]

Yes, I know it's not legally murder. In Benland however, he would be tarred and feathered, then sent to wild hog island.

I can't disagree.

I honestly don't know what an appropriate prison sentence would be for having set up the SWATting, but 15 months ain't nearly enough. Worse, though, is the "restitution." An innocent man is DEAD. Who is the $2,500 going to be paid to, and how in 'ell is that "restitution" for the loss of a human life? A life that had NOTHING to do with the original beef?

[kgbsquirrel]

Tragic but, inasmuch as there was no premeditated intent by any of the protagonists to cause a death, definitely not murder. That said, I think the sentence is ridiculously inadequate for the gravity of the incident.

Also, Viner is not the person who actually made the call. However, he instigated it.

Death is an expected potential outcome of swatting.  Depraved indifference and/or attempted murder.

[Viking]

There were also two suicides caused by this - the guy's niece who had to walk over his body to get out of the house, and later, her boyfriend also killed himself.

[Hawkmoon]

There were also two suicides caused by this - the guy's niece who had to walk over his body to get out of the house, and later, her boyfriend also killed himself.

YIKES!

I hadn't heard/read about either of those.

[Hawkmoon]

Death is an expected potential outcome of swatting.

I don't think so.

Obviously, the potential is there. Does everyone who commits a SWATTING expect the victim to be killed? Unlikely.

[kgbsquirrel]

I don't think so.

Obviously, the potential is there. Does everyone who commits a SWATTING expect the victim to be killed? Unlikely.

Do they know it is a possibility?  Yes.  That is enough.

[Hawkmoon]

Do they know it is a possibility?  Yes.  That is enough.

I have to disagree.

Definition of expect

transitive verb
1a : to consider probable or certain expect to be forgiven expect that things will improve
   b : to consider reasonable, due, or necessary expected hard work from the students
   c : to consider bound in duty or obligated they expect you to pay your bills
2 : to anticipate or look forward to the coming or occurrence of we expect them any minute now expected a telephone call
3 : suppose, think

I very much doubt that most people who commit SWATTING ever consider the possibility that someone might be killed as a result. I suspect the overwhelming majority just think the cops will break down the front door, the victim will have a bad night, and then everyone will go home for a beer. The fact that the potential for a death is there doesn't mean that the prankers always consider it, or that they expect it.

[Pb]

Yes, I know it's not legally murder. In Benland however, he would be tarred and feathered, then sent to wild hog island.

''

In BTR land, he would have been shot.

Whoever said depraved indifference to life is right!

https://en.wikipedia.org/wiki/Depraved-heart_murder

Should have been at least second degree murder.

Instead he got "compiracy."

[MechAg94]

People have gotten a lot more time for manslaughter which generally doesn't require intent or expectation.  However, since this was federal court, I don't know what law they were prosecuting under.

[MechAg94]

Prosecutors and defense lawyers in their plea agreement had recommended a sentence of two years of probation, with the added condition that Viner be confined for six months to his home unless attending school, work or church. They also jointly recommended the gaming restriction.

But U.S. District Judge Eric Melgren said a prison sentence was required to reflect the seriousness of the offense. It was foreseeable that something bad could happen by calling an armed police force to respond to what officers thought was an escalating situation of violence, he said.

The judge had to insist on prison time or the prosecutor would have agreed to only probation.  Sounds like someone Trump needs to get rid of, but he is likely not the only one.

I didn't see any mention of the maximum prison sentence.  Maybe if he made the SWATing call while driving drunk, they would have gone for a stiffer prison sentence. 

[RoadKingLarry]

If he'd been wearing a MAGA hat they would have given him the death penalty and called for impeachment.