Gamer whose online Call of Duty spat ended in deadly Wichita swatting pleads guilty
One of the gamers whose Call of Duty spat ended with the fatal swatting of a 28-year-old Wichita father of two has pleaded guilty to federal charges of conspiracy and obstruction of justice.
Casey S. Viner, 19, of North College Hill, Ohio, changed his plea from not guilty to guilty on the two felony counts Wednesday afternoon. He was indicted last year with wire fraud, conspiracy, obstruction of justice, and conspiracy to obstruct justice for his role in the Dec. 28, 2017, hoax call that led to the deadly police shooting of Andrew Finch. Prosecutors agreed to drop the other counts as part of the plea agreement.
Viner and Ohio defense attorney Jack Morrison left the courthouse Wednesday without speaking to reporters.
Swatting — where someone makes a fake emergency report often of a murder or hostage situation at someone else’s address — is a form of retaliation that’s been used in the online gaming community.
Finch’s death is thought to be the first during a swatting incident in the U.S.
The government during the hearing recommended jointly with Viner’s attorneys that the 19-year-old be placed on probation for two years when he is sentenced on June 26. Proposed conditions of the probation include that Viner be confined to his home for six months except when he’s attending school, church, work or functions related to those activities, according to statements given in court.
Viner also would be barred from online gaming for two years and would be required to pursue an advanced degree or education and hold a job. The U.S. probation office could search his phone at any time.
U.S. District Judge Eric Melgren in court told Viner that he could follow the lawyers’ recommendations — or impose another sentence. The judge added that if Viner doesn’t like the sentence he gets, he can’t then withdraw his guilty plea.
Prosecutors say Viner and 20-year-old Shane Gaskill of Wichita “had a falling out” while playing an online Call of Duty World War II wager match worth $1.50 on Dec. 28, 2017. The feud escalated when Viner remained upset and asked a California man known in the gaming community for making prank emergency calls — 26-year-old Tyler Barriss of Los Angeles — to swat Gaskill.
When Gaskill noticed Barriss stalking him online, Gaskill dared him to carry out the swatting and gave him an old address: 1033 W. McCormick in Wichita — where Finch lived.
Disguising his phone number to appear local, Barriss called Wichita City Hall and reported a murder and hostage situation at the home.
Police responded not knowing the call was a fake, and Officer Justin Rapp shot and killed Andrew Finch after he stepped out on his front porch to see why police lights were outside. Finch was innocent: He didn’t know anyone involved in the fight and didn’t play video games.
After Viner learned online about Finch’s death, prosecutors say he reset his smartphone to erase his messages with Barriss and Gaskill after Gaskill suggested it. Law enforcement later seized the phone and were able to recover the messages.
Gaskill, who also is facing several felonies, is scheduled for trial on April 23.
Rapp, the officer who killed Finch, will not be charged with any crime connected to the shooting, Sedgwick County District Attorney Marc Bennett announced last year. But Finch’s family is pursuing a civil lawsuit that seeks to hold Rapp, a sergeant on scene that night and the City of Wichita accountable.
Barriss was sentenced to 20 years in federal prison last week for a host of swattings and hoax bomb threats he carried out nationwide and in Canada, including the one that led to Finch’s death. He pleaded guilty in November to 51 charges.
As part of his guilty plea, Viner also is agreeing to pay $2,500 for expenses incurred by the Finch family and Wichita law enforcement. Like Barriss, he too agreed to write letters of apology to Finch’s family, Sedgwick County dispatchers and police expressing his remorse.
Morrison, the defense attorney, told the judge that Viner brought the finished letters to court and planned to deliver them Wednesday.
This story was originally published April 3, 2019 at 2:25 PM.
