Justin Rapp Witchita - WICHITA, Kan. () - A Wichita Police Department officer faces a civil trial in connection with a December 2017 shooting at a south Wichita home. The officer who shot and killed the unarmed man was Justin Rapp. In denying Officer Rapp qualified immunity in Finch's death, the U.S. Court of Appeals for the District of Kansas said it could believe Finch was unarmed and posed no threat when Rapp fired the gun at him.
The Finch family brought an excessive force civil suit. Sedgwick County District Attorney Marc Bennett declined to prosecute Rapp for the shooting that killed Finch. The Wichita Police Department determined that Rapp did not violate department policy.
Justin Rapp Witchita
Tyler Barriss, of Los Angeles, responded to a call to a Wichita home near McCormick and Seneca in December 2017, where police believed he was responding to a possible gunshot and hostage situation. In reviewing the events that led to Finch's death, the appeals court said Finch had committed no crime and "could not know why the police surrounded his home."
Men Face Federal Charges In Fatal 'swatting' Prank
"When Finch left the house, multiple officers asked for various commands," said the court document detailing his findings. "Ten seconds later I think I saw Officer Rapp reach for Finch with the weapon and shoot him in the chest."
Two others charged in connection with the case are identified as Casey Viner of Ohio and Shane Gaskill of Wichita. Viner and Gaskill were involved in a dispute over an online video game, police said. This dispute led to Barriss making a false emergency call to a house near Seneca and McCormick, 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.
Along with his conclusion that the civil case against Rapp could proceed. The Court of Appeals also affirmed the district court's summary judgment against the City of Wichita. In essence, This decision absolves the city and the WPD as a whole of responsibility for Finch's death. In summary, "[the Finch family's lawsuit] failed to demonstrate a policy or practice of deliberate indifference demonstrating Rapp's use of excessive, deadly force. Tyler Barriss 1 of 4 remains before jury. Bruce Brown at a preliminary hearing Tuesday, May 22, 2018, in Wichita, Kan. Barriss to report shooting and kidnapping at Wichita home They allegedly called Los Angeles police on Dec. 28. The caller said his father had been shot in the head and his mother and younger brother were being held at gunpoint in a closet in a Wichita home. An officer shot and killed 28-year-old Andrew Finch after an officer answered the door to the home where police believed a crime was taking place. (Bo Rader / The Wichita Eagle via AP) Tyler Barriss 4 1, left, is Judge Bruce Brow, Tuesday, May 22, 2018, in Wichita, Kan. appears before n. 28 reported a shooting and kidnapping at a Wichita home. The caller said he shot his father in the head and held his mother and younger brother at gunpoint in a closet in their Wichita home. An officer shot and killed 28-year-old Andrew Finch after an officer answered the door to a home where police believed a crime was taking place. (Bo Rader/The Wichita Eagle via AP)
WICHITA, Kan. (AP) - It's the final hearing in a preliminary hearing for a California man accused of shooting an unarmed man by police in Kansas. (always local):
Reaction To Officer Lawsuit Against City Of Wichita
A California judge has found probable cause to investigate a hoax call that led to the shooting death of an unarmed man by police in Kansas.
Tyler Barriss, 25, of Kansas State; He allegedly called Los Angeles police on Dec. 28 to report a shooting and kidnapping at a home in Wichita. Police raided the address and one officer shot and killed 28-year-old Andrew Finch at his front door.
Barriss engaged in a practice in which a person made a false report to get emergency responders to an address.
Wichita Police Officer Justin Rapp testified that he was assigned to provide protection for responding officers. Rapp said he fired one shot because he feared Finch would reach for the gun.
Deadly Swat Call In Wichita Similar To Call In Ohio, Ten Days Earlier
A California man has admitted after his arrest that he made a false call when California State Police shot and killed an unarmed man, a detective said.
Barriss, Kansas; He allegedly called Los Angeles police on Dec. 28 to report a shooting and kidnapping at a home in Wichita.
Dorroh asked the court if Barris knew the dangers of making such calls. Barriss replied that he couldn't deny that there was danger. Barriss told Dorroh, "It's the worst possible outcome. It's very unfortunate."
A California man accused of fraud in the shooting death of an unarmed man by police in Kansas is back in court as a judge prepares to decide whether there is enough evidence to convict him of murder.
A Cop Killed An Innocent Man After A 'swatting' Prank Call. The City Can't Be Sued
Tyler Barriss, 25, allegedly called Los Angeles police on Dec. 28 to report a shooting and kidnapping at a Wichita home. Andrew Finch, 28, was shot after answering a police officer's door.
The shooting drew attention to the practice of "swatting," in which a person makes a false report to emergency responders to come to an address.
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