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Two California men have been accused of being involved in a swatting scheme. The men supposedly gained access to Ring's home security cameras, placed false calls to the police, and then live-streamed the events on several social media platforms.
The suspects were later identified as Kya Christian Nelson (21) and James Thomas Andrew McCarty (20). Nelson, who is originally from Racine, Wisconsin, is currently in a Kentucky prison for a separate case. McCarty is a resident of Charlotte, North Carolina, who was residing in Kayenta, Arizona while conducting the alleged crime.
Nelson and McCarty gained access to security cameras nationwide primarily in the two California cities of Oxnard and West Covina.
Swatting is placing fake calls to emergency services and making them dispatch a large group of armed law enforcement officials to a specific address. It is not a mere prank and is usually considered a federal felony.
Two men charged in connection to swatting scheme in California
According to a DOJ news release, the California duo gained access to the home security cameras from November 7, 2020, to November 13, 2020. Nelson, along with another person, were able to access the cameras through a Yahoo account and made an emergency call to the West Covina Police Department, pretending to be a minor and claiming that there were guns and alcohol around.
The two California boys have each been charged with one count of conspiracy to intentionally access computers without authorization. Adding to that, Kya Christian Nelson was also charged with two counts of intentionally accessing a computer without authorization and two counts of aggravated identity theft. A Los Angeles federal grand jury charged the duo.
The two allegedly gained access to the victim’s Ring doorbell camera and connected it to the one present at the victim’s parent’s house. They used it to verbally abuse and taunt the West Covina Police Department.
The DOJ news release alleged that 21-year-old Nelson later used the system to threaten law enforcement officials. Both Nelson and McCarty could face up to five years of jail time in federal prison. Nelson could face imprisonment for an additional seven years on other charges.
The California Penal Code considers swatting a crime against public justice. Prosecutors need to prove that the person involved had prior knowledge that the emergency call was fake.
On NOLO, a website designed to address legal questions, attorney Kelly Martin wrote:
“No matter what the motivation is, swatting is dangerous because it can lead to a violent response from the police, who believe they're dealing with a lethal threat.”
Martin added:
“Swatting can also cause extreme and lasting distress to victims who find themselves suddenly swarmed by officers in tactical gear pointing weapons and yelling orders.”
The FBI published a public service announcement in 2020 urging people to use stronger passwords for electronic devices
Swatting is nothing but an intense harassment tactic mostly undertaken by online gaming communities. Many celebrities like Rihanna, Justin Bieber, Miley Cyrus, Ashton Kutcher, Selen Gomez, etc. have been targets of swatters.
Journalist Brian Krebs faced a nefarious attack with swatters when the hacker delivered heroin to his house, moments before falsely calling law enforcement officials to Brian’s house. They wanted to frame the journalist for drug charges. However, most of the hackers involved in this case were later arrested.
A tragic case of swatting happened when Wichita Kansas police received a distressed call requesting them to deal with a murder and hostage situation in a locality. Armed law enforcement officials arrived and were in position as they expected an armed perpetrator. As a result of this swatting, they ended up firing at an innocent man who eventually died.
After so many reports of swatting nationwide in 2020, the FBI issued a public service announcement requesting that people use strong and complex passwords to secure their alarm systems and other devices with cameras. FBI officials also urged users to enable two-factor authentication to protect the system against swatters and hackers.
The defendants in the California case could face a jail time of at least 5 years if they are convicted of all the charges. As mentioned before, if convicted, Nelson could face jail time of an additional seven years.
Given the current events where the young boys of California get charged with such crimes, Business Insider has stated ways by which one can protect themselves from getting swatted. They mentioned that one must enhance their digital security to keep away swatters.
According to a defense lawyer in California, the punishment for swatting in the state depends on the facts. The California legal system says a fake 911 distress call is usually treated as a misdemeanor and a perpetrator would usually be sentenced to one year in county jail and/or a $1,000 fine.
If a fake 911 call causes any kind of bodily harm or death, and if it can be proved that the perpetrator has prior knowledge about it, they can be sentenced to up to three years of jail time and/or a $10,000 fine.
However, punishment and sentencing depend largely on the facts of the case.
