VA-ALERT: Details on "SWATTING" incident in NoVA

[OakRidgeStars]

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Last night Robert Dicken told 75+ VCDL members about his stop by, and interaction with, the Fairfax County Police Department (FCPD) after a person called 911 and made a false report that Robert had robbed a 7–11 convenience store.

In reality, Robert had gone into the 7-11 to purchased a few items, paid for them, and then left.


ROBERT DICKEN’S STORY

Here is a summary of the event that Robert sent me:

On 10/15/14 at about 5:30 pm, I stopped at a 7-11 for some coffee in the skyline area of Fairfax.

Like every other day when I'm off work, I had hopped on my motorcycle for a short ride . Being an open carry proponent, I didn't think twice about putting on my every-day-carry pistol.

After leaving the 7-11, I went to the Verizon store for some quick shopping. Both stores are within five miles of my home. Chores done, I decided to go for a nice ride around the block.

What's that Fairfax County officer looking at me like that for? Damn he's going to pull me over! Yep… Lights, boop boop. Sigh.

Now I'm thinking that I've got my pistol on me and I’m asking myself how I would feel if I were an officer pulling over someone who was armed? [PVC: That is called “empathy,” something that normal, law-abiding people have, but violent criminals lack.]

Ok, turn the bike off, straddle the bike, interlock your hands on your head, and be calm. [PVC: Doing these steps calmly and slowly probably helped send a clear signal to the SIX responding officers in FOUR patrol cars that Robert was not a threat.]

As the officer gets out of his car, three other cars show up.

Wow, what did I do?

I let the first officer know that I have a firearm on my side. He says, "I know.” I did not move an inch!

To my surprise not one of the at least six police officers have a weapon pointed at me. [PVC: Hats off to FCPD for their professional handling of this situation! Robert’s life was not unnecessarily endangered during the stop by the police pointing their guns at him.]

The officer walks up behind me and asks if he can take the weapon from my holster. “Yes, sir,” I replied.

"Do you have any other weapons on you, sir?”

“Yes, sir, a knife in my pocket.”

"Ok I'm going to hold onto that also.”

“Yes, sir. Why did you stop me?”

"I will get to that in a minute.” [PVC: Robert wisely decides to temporarily let the issue drop at this point.]

As I’m being frisked, I’m still not moving and am keeping my hands on my head.

"Sir, can I put my hands down now?,” I asked when the frisking was concluded.

“Yes, you can stand at ease.”

At this point I ask the officer what is going on.

“Well, we had a person call from 7-11 and they stated that a white guy on a motorcycle robbed the place.”

I laughed nervously and told the officer that I left a 7-11 30 minutes ago, but that I didn't rob the place! [PVC: This is where an attorney might advise the client to stop talking to the police for fear of saying something innocent that ends up getting misinterpreted. To do so properly, you must verbally indicate you are invoking the Fifth Amendment and stop talking. In this case it’s hard to argue with success, but one should be very, very cautious.]

I'm getting kind of angry now. I've heard of anti-gun people saying that they will call the police if they see an open carrier and make up some story to get the police to respond in a forceful manner.

Wow, I could have been killed!

Ten minutes later I'm on my way. With the police "checking the sanity of the caller.”

I put a call into the police station the following Monday and sent a email thanking FCPD for being very professional.


VCDL GETS INVOLVED

After learning of the event during a phone call from Robert, I filed a Freedom of Information Act request with Fairfax County and quickly got a copy of the 911 recording. The name and phone number of the person who called were redacted from the recording.

I also talked to a Lieutenant with the Fairfax County Police Department about the incident. During the conversation I emphasized that VCDL takes SWATTING against a gun owner extremely seriously, especially where false claims that the gun owner committed a violent crime could lead to the gun owner being seriously hurt or even killed by responding officers.

The Lieutenant said he shared VCDL's concerns about SWATTING and said that FCPD takes such things seriously and would prosecute someone who FCPD can show did it maliciously.

The problem, I was told, is that the particular person who made the call is familiar to FCPD, as he has made other false calls before. But he has never done them against a citizen, he said. (I don’t know who the previous false calls were against. Perhaps against some police officers?) FCPD is concerned that he has mental health issues, and, if so, they won’t be able to prove intent.


ZERO TOLERANCE FOR MALICE

When malicious intent is there, VCDL will encourage the police to prosecute the offender to the full extent of the law and we will encourage the victim to go after the offender civilly as well. It will be OUR turn to do some “swatting” of our own in court.


911 RECORDING

Here is a link to the 911 recording. Somebody with a loose screw? On drugs or alcohol? A malicious anti, as he firmly states at one point that Robert took all the cash from the register? Or just delusional?

From soundcloud.com: http://tinyurl.com/lso8nlt




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VA-ALERT is a project of the Virginia Citizens Defense League, Inc.
(VCDL). VCDL is an all-volunteer, non-partisan grassroots organization dedicated to defending the human rights of all Virginians. The Right to Keep and Bear Arms is a fundamental human right.

VCDL web page: http://www.vcdl.org [http://www.vcdl.org/]

[dorminWS]

May not be able to prove intent, but his behavior created serious risk to life, and he should be confined and have his mental condition evaluated.

[Palladin]

Just... wow.

"Thou shall not bear false witness..."

[SHMIV]

Malicious intent. .. seems to me that calling the police to report a fictitious violent crime, targeting a legally armed citizen, can be nothing but malicious.

That could have gone a far different route.

[ Post made via Mobile Device ]

[MarcSpaz]

That was terrible. I can't believe that idiot. He sounds very purposefully telling a lie. What makes me believe that is when the dispatcher asked him very direct question about potential actions, he did what he could to not answer, but he was very willing and able to answer other direct questions with little hesitation.

[dusterdude]

Has this clown been arrested yet?

[dusterdude]

And robert should sue him as well

[SHMIV]

There should be a trial, and this case should be made very public.

Folks local to Fairfax may want to consider phone calls and letters.

[ Post made via Mobile Device ]

[bikiboki]

That incident could have gone so wrong!! Sure glad it turned out the way it did, and yes...that caller should be prosecuted to the fullest extent of the law.

Bill