Feds resume prosecution of Wichita gamer charged in 2017 swatting
A federal judge has granted a government request to resume prosecution of one of the men tied to Wichita’s deadly 2017 swatting.
Shane Gaskill of Wichita entered into a 18-month diversion agreement with federal prosecutors in May 2019 and was granted a 12-month extension last December to give him more time to complete a high-school equivalency, or GED, program, The Eagle previously reported.
But court records show that prosecutors earlier this year asked to abandon that plan after being advised by the U.S. Probation Office on Feb. 2 that Gaskill “had violated the conditions of his diversion.” The request did not give specifics.
Gaskill’s lawyer, Stephen Ariagno, responded in a March 9 filing that Gaskill “has not violated any laws” or other terms of his diversion agreement, although he said Gaskill had “difficulty completing the requirements for the GED” due in part to a local learning center shifting from in-person to online courses during the COVID-19 pandemic.
After the first of the year, the center’s classes “quickly filled to capacity” preventing Gaskill from attending before March 1, Ariagno wrote in the filing. But he is “now attending classes in person,” the filing says.
After a series of hearings scheduled for this spring and summer, U.S. District Judge Eric Melgren on Monday granted the government’s request, court records show. Until now, Gaskill had received the most-lenient treatment of the three men charged with orchestrating the swatting. The others were convicted and received prison sentences.
Gaskill’s new trial date is Oct. 5, court records show. He previously pleaded not guilty in the case.
His lawyer did not immediately respond to phone and email messages seeking comment.
Gaskill is charged with multiple counts of obstruction of justice, conspiracy to obstruct justice, wire fraud and making a false statement during an investigation for his role in the events that culminated in the Dec. 28, 2017, fatal police shooting of 28-year-old Andrew Finch at 1033 W. McCormick in Wichita.
Prosecutors say Gaskill got into an online argument with Ohio gamer Casey Viner during a Call of Duty video game match that day and gave his old address, 1033 W. McCormick, to a California man that Viner had recruited to harass him. Tyler Barriss of Los Angeles used the bad information to report a fake homicide and hostage situation at the McCormick home, which drew an immediate response from police who didn’t know the call was a hoax.
Finch died after he stepped out onto his porch to look at the emergency lights and was shot from across the street by Wichita police Officer Justin Rapp. The 28-year-old father of two had no ties to online gaming or any of the men involved in the spat over the video game.
Barriss is serving 20 years in federal prison after pleading guilty to 51 counts in April 2019.
Viner received a 15-month prison sentence in September 2019 after pleading guilty to conspiracy and obstruction of justice.
After a review of Rapp’s actions, Sedgwick County District Attorney Marc Bennett in 2018 determined the Wichita officer would not face any criminal charges for firing the fatal shot. But Finch’s family has sued the city in civil court, alleging wrongdoing on his part.
This story was originally published September 20, 2021 at 2:36 PM.
