Bogus 911 calls lead to SWAT deployment

[seamusTX]

Five people have pled guilty in U.S. District Court in Dallas to making bogus 911 calls that led to SWAT deployments at the homes of unsuspecting, innocent people.

These so-called adults apparently escalated disputes that started on telephone chat lines. Several people were injured in SWAT raids, but it could have been worse.

http://www.khou.com/topstories/stories/ ... 53527.html

- Jim

[WarHawk-AVG]

Called SWATing

If the "victim" fired back and killed LEO or was killed by LEO...would it be classified as Murder by police

They should execute those punks to make a point..you DON'T misuse/abuse public servants that are there to control hostile situations

[seamusTX]

If the "victim" fired back and killed LEO or was killed by LEO...would it be classified as Murder by police[?]

The authorities usually try to smooth over these "unfortunate incidents," and not escalate them and draw more attention.

However, if someone makes a false statement to police that results in a homicide, that is murder in the state of Texas. It would be the so-called pranksters' fault, not the police or a homeowner.

In the case of Kathryn Johnston, a 92-year-old woman who was killed by a police SWAT team in Atlanta in 2006, a couple of cops ended up pleading to manslaughter and other charges.

- Jim

[txinvestigator]

If the "victim" fired back and killed LEO or was killed by LEO...would it be classified as Murder by police[?]

The authorities usually try to smooth over these "unfortunate incidents," and not escalate them and draw more attention.

However, if someone makes a false statement to police that results in a homicide, that is murder in the state of Texas.

I am confused. Could you highlight the section of the Murder statute that applies?

Texas Penal Code
§ 19.02. Murder.


(a) In this section:
(1) "Adequate cause" means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.
(2) "Sudden passion" means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.
(b) A person commits an offense if he:
(1) intentionally or knowingly causes the death of an individual;
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or
(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.
(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.

[seamusTX]

Could you highlight the section of the Murder statute that applies?

(b) A person commits an offense if he: (2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; ...

Someone who makes a false 911 report of a hostage situation or similar bogus story, knows that a SWAT team or equivalent will be deployed and they will be in a high state of alert. The homeowner, unaware of why his door is being kicked in, may well react in a way that results in the death of an innocent person.

Misdirected SWAT raids occur too often for anyone with a functioning brain to claim that they were not aware of the potential for fatal consequences.

I think it's the moral equivalent of throwing rocks off an overpass. The thrower doesn't know for sure that he will hit a specific car, but he knows that it is reckless behavior.

There, I've made sure I'll never be on a jury in a murder trail.

- Jim

[dukalmighty]

Time to send a clear message to these idiots and people like them,I hope upon conviction the judge sentences them to 5 years and maximum fine with restitution for cost of deploying swat.I also hope upon conviction homeowner if possible files civil lawsuit against all involved for actual and punitive damages for whatever the law allows.I guarantee you they wouldn't want me sitting on a jury involving this kind of reckless criminal conduct

[txinvestigator]

Could you highlight the section of the Murder statute that applies?

(b) A person commits an offense if he: (2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; ...

Someone who makes a false 911 report of a hostage situation or similar bogus story, knows that a SWAT team or equivalent will be deployed and they will be in a high state of alert. The homeowner, unaware of why his door is being kicked in, may well react in a way that results in the death of an innocent person.

So where is the part about making a false statement to a cop that leads to a homicide it is murder.

That section does not meet what you say at all.

[seamusTX]

That section does not meet what you say at all.

If a false report resuts in a death that would not have occurred otherwise, what offense has been committed, other than making a false report?

ISTR that a man who called in a false fire alarm that resulted in a death of a fireman on a crash was prosecuted for homicide, but I can't find it on the web.

- Jim

[KD5NRH]

That section does not meet what you say at all.

If a false report resuts in a death that would not have occurred otherwise, what offense has been committed, other than making a false report?

Probably manslaughter, which only requires one to recklessly cause the death of another.

IIRC, wasn't that the charge filed on the woman who claimed she was being raped when her husband caught her with her boyfriend?

[AJSully421]

manslaughter would be the worst case scenario, and even that would be a stretch... but the manslaughter stretch is made every day. It would be impossible to convince 12 members of a Dallas County jury that these morons called 911 with the specific intent to have the SWAT team go in and kill someone.

[Kythas]

If a false report resuts in a death that would not have occurred otherwise, what offense has been committed, other than making a false report?

I would guess criminally negligent homicide.

[KD5NRH]

manslaughter would be the worst case scenario, and even that would be a stretch... but the manslaughter stretch is made every day. It would be impossible to convince 12 members of a Dallas County jury that these morons called 911 with the specific intent to have the SWAT team go in and kill someone.

Since when is intent required for manslaughter?