WICHITA, KAN. – A federal indictment unsealed here today
charges three men in a “swatting” incident where false reports to police and
emergency services set off a chain of events that led to a Wichita man being
shot and killed, U.S. Attorney Stephen McAllister said.
The indictment alleges the defendants are responsible for
hoax calls to Wichita police on Dec. 28, 2017, that ultimately led to the death
of Andrew Finch. The following men are charged:
Tyler Barriss, 25, Los Angeles, Calif., making false/hoax
reports to emergency services (count 1), cyberstalking (count 2), making
interstate threats (count 3), making interstate threats to harm by fire (count
4), wire fraud (counts 5 through 11) and conspiracy to make false/hoax reports
(count 12).
Casey Viner, 18, North College Hill, Ohio, wire fraud
(counts 5 through 11), conspiracy to make false/hoax reports (count 12),
obstruction of justice (count 13), and conspiracy to obstruct justice (count
16).
Shane Gaskill, 19, Wichita, Kan., obstruction of justice
(count 13, 14 and 15), conspiracy to obstruct justice (count 16), and wire
fraud (count 17).
The indictment alleges the incident began when Viner in Ohio
and Gaskill in Wichita, Kansas were playing a Call of Duty game online as
teammates and got into an argument.
Viner later asked Barriss to “swat” Gaskill at an address
provided by Gaskill. Viner did not know that the address Gaskill provided –
1033 W. McCormick in Wichita – was an old address where Gaskill no longer
lived, but Gaskill did and Gaskill also kept giving the old address to Barriss.
Barriss made and received a series of calls from California
in which he talked to the Wichita Police Department’s Security Desk in City
Hall and the 911 emergency dispatcher for Sedgwick County. Barriss disguised
his phone number to make it appear he was calling from the 316 Wichita area
code.
Barriss falsely claimed there was an emergency at 1033 W.
McCormick in which he (Barriss) had shot and killed his father, that he
(Barriss) was holding his mother and little brother at gunpoint in a closet,
that he (Barriss) was considering suicide, and that he (Barriss) has poured
gasoline all over the house and was considering lighting it on fire. Wichita
police thus responded to the address believing they were dealing with a
shooting, a hostage situation, a suicidal gunman, and the possibility of arson.
The indictment further alleges that, after Mr. Finch was
shot and the defendants realized the result of the “swatting,” they talked
about (in online conversations and direct messages) deleting their electronic
messages and communications to protect themselves from prosecution. Defendant
Viner wiped and factory reset his iPhone.
If
convicted, the defendants face the following penalties:
Making a
false/hoax report to emergency services resulting in death of another: Up to
life in federal prison and a fine up to $250,000.
Cyberstalking
resulting in death of another: Up to life and a fine up to $250,000.
Threatening to
kill a person or damage property by fire: Up to 10 years and a fine up to
$250,000.
Making a threat in
interstate communications: Up to five years and a fine up to $250,000.
Wire fraud: Up to
20 years and a fine up to $250,000.
Conspiracy to make
a false report: Up to five years and a fine up to $250,000.
Obstruction of
justice: Up to 20 years and a fine up to $250,000.
Conspiracy to
obstruct justice: Up to 20 years and a fine up to $250,000.
The FBI, the Sedgwick County Sheriff’s Office and the
Wichita Police Department investigated. U.S. Attorney Stephen McAllister will
prosecute along with Assistant U.S. Attorney Debra Barnett.
In all cases, defendants are presumed innocent until and
unless proven guilty. The indictments merely contain allegations of criminal
conduct.
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