Lawsuit over killing of police officer in 2017 "Call of Duty" swatting finally settled for $5 million

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Lawsuit over killing of police officer in 2017 "Call of Duty" swatting finally settled for $5 million

The city of Wichita, Kansas, has reached a $5 million settlement with the family of Andrew Finch, who was shot and killed by police (open in new tab) responding to a swatting call in 2017.

The case arose after two players got into an argument during an online Call of Duty match, leading one of them to use the services of a notorious swatter named Swautistic. However, the target of the swatting provided a false address, which led police to Finch's home. They surrounded the house, but when Finch stepped out onto the porch to see what was going on, police officer Justin Rapp shot and killed him almost immediately. Finch was unarmed and unaware of any police activity in the vicinity of his home.

No criminal charges were filed against Rapp in the case, but the family understandably filed a lawsuit against the city in 2018. According to the Wichita Eagle (opens in new tab), the city fought the family in court for five years, attempting to appeal or dismiss the case. Eventually, Wichita was removed from the lawsuit and Rapp became the sole defendant, but the city is still liable for Rapp's legal fees. The settlement is for $2 million, with the remainder covered by insurance.

"It has been difficult to say the least," a Finch family spokesman said after the council voted in favor of the settlement. I have watched this family go through disappointment after disappointment, but finally today we have come together as a community. We have done this." [Wichita Mayor Brandon Whipple said, "I'm just glad that as a community we can do our part to find closure and bring closure to these families. This is a terrible situation."

Swatting is "mischief," or the false reporting of a serious crime, such as a murder or hostage situation, whereby the police launch an armed attack against someone they have no idea is going to happen. This is clearly a dangerous practice (opens in new tab), and some well-known streamers have begun alerting their local police departments to avoid falling victim to it (opens in new tab).

In the Finch case, Swatter, eventually identified as then-25-year-old Tyler Barris, was sentenced to 20 years in prison after pleading guilty to 51 charges related to false phone calls and threats (opens in new tab). Casey Viner, one of the two gamers involved in the dispute that led to the swatting, received a 15-month prison sentence (open in new tab), while the other, Shane Gaskill, received a deferred prosecution. However, KSN.com (opens in new tab) reports that he violated the terms of the deal and was later sentenced to 18 months.

After Finch was killed by police, Kansas passed an "anti-swatting bill (opens in new tab)" that mandates a 10- to 41-year prison sentence for anyone who makes a call that results in death or extreme injury.

Finch's murder was the first fatal swatting in the U.S., but not the only one: in 2020, 60-year-old Mark Herring suffered a fatal heart attack (open in new tab) shortly after surrendering to police who surrounded his home after a swatting call.

Rapp, the police officer who actually shot and killed Finch without warning, was never charged with a crime, even though he ultimately admitted that he did not see the gun in Finch's hand before he fired. In fact, he was promoted to detective in 2022 after being passed over for promotion in 2020 for "lacking normal judgment (open in new tab)."

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