Justin Rapp Police - A 23-year-old Wichita man will spend 18 months in prison for his role in a fatal hoax 911 call that led to the killing of an innocent man on his front porch by police in 2017, which is believed to have prevented the filing of charges . to be the first fatal "punch." "case in history.
The hit-and-run left 28-year-old father of two Andrew Finch dead on December 28, 2017, after Wichita police law enforcement officers responded to what was later determined to be a false report regarding a homicide and an active hostage situation at 1033 W. McCormick in Wichita.
Justin Rapp Police
Shane Gaskill, who gave his old address to a netizen who recruited a serial cheater to harass him after a fight, was sentenced in federal court on Monday - months after prosecutors withdrew support for a previously agreed diversion plan . Had Gaskill successfully completed the diversion program, prosecutors would have dismissed his charges, resulting in the lightest sentence of the three men charged in the case.
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But in May, with that option off the table after Gaskill violated the terms of his conversion, Gaskill pleaded guilty to one count of wire fraud.
The other men involved in the beating, Tyler Barriss of California and Casey Viner of Ohio, both received prison terms.
Barriss remains in prison 20 years after pleading guilty in 2019 to 51 charges related to Wichita and other hoax calls across the United States, including to FBI and Federal Communications Commission headquarters in Washington, DC. Now 29, he lives at FCI Phoenix, a medium-sized federal correctional facility in Arizona. The Federal Bureau of Prisons' Federal Locator lists his release date as January 14, 2035.
Viner, 22, was sentenced to 15 months in September 2019 after pleading guilty to conspiracy and obstruction of justice. He is scheduled to complete two years of supervised release in November, court records show.
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U.S. District Judge Eric Melgren imposed the 18-month sentence, according to court documents and U.S. Attorney's Office spokeswoman Danielle Thomas. Melgren also ordered Gaskill to pay $2,500 in restitution to the Crime Victims' Compensation Fund, which helps victims of violent crimes and their families pay medical bills, lost wages, and funeral and other expenses.
Gaskill asked for probation. In a written sentencing memorandum submitted to the court last week, his lawyer argued that the 23-year-old's behavior in 2017 was of a "wild nature", that he only had traffic offenses before the crash and that he had turned his on online gambling. . deal with the lack of social interaction after dropping out of high school as a sophomore.
Shane Gaskill, 19, leaves the federal courthouse in Wichita in this 2018 photo. Gaskill pleaded not guilty to charges related to his involvement in setting up a hit-and-run that ended in the killing of a 28-year-old man by Wichita police. Jaime Green Wichita Eagle
Gaskill, the attorney said, no longer participates in online games, got his GED and was working in hopes of one day joining the military or attending technical school.
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Online pranking is a common form in which a person reports a fake emergency serious enough to prompt a law enforcement response—specifically a special weapons and tactics team or SWAT team—to the address of the person they wish to embarrass or harass. It has gained traction among online gamers in recent years.
Justin Rapp, the Wichita police officer who killed Finch, was not charged criminally, but Finch's family sued him in civil court. He was promoted to detective with the Wichita Police Department despite making comments to a supervising officer that he told Finch's mother to "get over it" if they bothered him, according to an August report from The Eagle. He was previously denied a promotion because of this and other inflammatory comments he reportedly made after the fatal shooting of Finch.
In his plea agreement in May, Gaskill admitted he gave Viner the address of 1033 W. McCormick in connection with a $1.50 World War II Call of Duty bet. Believing the address was up to date, Viner gave it to Barriss, who called 911 in Wichita and told a false story about how he had murdered his father, held his mother and sister at gunpoint, and maybe he set her house on fire.
Barriss, police later discovered, was calling from California. But not before Rapp shot Finch after Finch stood on his front porch to find the source of the flashing police lights outside the house. Police allege that Finch failed to comply with orders to keep his hands up and reach his waist. Rapp fired from across the street.
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After learning of the fatal shooting, Gaskill broke his threads with Viner and Barriss and told them to do the same to cover up his involvement, according to his plea deal.
Finch was not involved in the online fight, did not know anyone charged and did not play online video games, his family and police said.
Gaskill asked to be incarcerated at a correctional facility near his family so they can visit, court records show. He will be supervised for three years after his release and will not be allowed to contact the Finch family or participate in any form of online gambling.
Amy Renee Leiker has been reporting for the Wichita Eagle since 2010. She covers crime, courts and breaking news and updates the newspaper's online databases. She is a mother of three children and loves to read during her working hours. He can be reached at 316-268-6644 or at aelikr@wichitaeagle.com.
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The police received an alert at the scene at 20:31. Friday in the 2200 block of South Millwood. The 15-year-old boy who called 911 about the shooting has been arrested.
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Crime and Courts Father of Wichita girl killed in 13th crash and Tyler pleads guilty to involuntary manslaughterWICHITA, Kan. () - A Wichita Police Department officer is facing a civil lawsuit in connection with a December 2017 hit and run at a south Wichita home. resulting in the death of 28-year-old Andrew Finch. The officer who shot the unarmed man was Justin Rapp. A US appeals court joined a Kansas district court in denying Officer Rapp qualified immunity in Finch's death. The court said a reasonable juror could have believed that Finch was unarmed and in no danger when Rapp fired the fatal shot.
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The Finch family filed a civil suit for excessive force. Sedgwick County District Attorney Marc Bennett declined to prosecute Rapp in the fatal shooting of Finch. The Wichita Police Department has concluded that Rapp did not violate department policy.
Prosecutors say Los Angeles native Tyler Barriss called a Wichita home near McCormick and Seneca in December 2017, leading police to believe they were responding to a potentially fatal shooting and hostage situation . Recounting the events that led to Finch's death, a US appeals court said Finch had committed no crime and had "no way of knowing why the police were surrounding his house".
"When Finch left the house, several officers demanded various commands," the court document says of their findings. "Ten seconds later, Officer Rapp thought he saw Finch reach for a gun and shoot him in the chest."
The other two charged in the case were identified as Casey Viner of Ohio and Shane Gaskill of Wichita. Police said Viner and Gaskill were arguing over an online video game. That dispute led to contact with Barriss, who made a false 911 call to a home near Seneca and McCormick, which was Gaskill's old address where Finch lived. Police said Finch was not involved in the game and did not know any of the three people involved in the altercation that led to the fake 911 call that prompted the heavy police response.
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In one of its conclusions that the civil case against Rapp could go forward, the appeals court also upheld the district court's summary judgment on the city of Wichita's liability claim. This decision essentially saved the city and the WPD as a whole was not responsible for Finch's death. The appeals court rejected the claims, stating in summary: "[The Finch family's lawsuit] failed to show any intentionally indifferent practices or habits that caused Rapp to use excessive deadly force. " Copyright © 2023, The San Diego Union-Tribune | CA pick up notice | Do not sell or share my personal information
FILE - In this May 22, 2018 photo, Wichita Police Officer Justin Rapp describes the night he shot Andrew Finch on his front porch during a preliminary hearing in Wichita, Kan. Civil rights attorneys representing the Finch family killed by police who responded to hoax 911 calls are using the case to try to keep the city
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