Wichita settles lawsuit in Andrew Finch killing, the nation’s first fatal swatting

The Wichita City Council on Tuesday approved a $5 million settlement in a federal lawsuit against Wichita police detective Justin Rapp, who killed 28-year-old Andrew Finch in the nation’s first fatal swatting.

“I’m just glad that, as a community, we can find closure and do our part to bring closure to the family,” Mayor Brandon Whipple said. “This is just an awful situation.”

Rapp shot Finch seconds after he stepped out on his front porch in December 2017. Police had surrounded Finch’s house following a bogus murder-hostage situation reported at that address by California serial hoax-caller Tyler Barriss.

Finch, who was unarmed and unaware of the phony emergency call to law enforcement, stepped onto his porch, which was surrounded by police officers who did not identify themselves as law enforcement and shouted contradictory commands.

Within 10 seconds, Rapp shot Finch in the chest from 40 yards away. He had committed no crime, was not armed and had not threatened officers or anyone else. Rapp would later tell investigators he shot Finch to protect the other officers surrounding the house after he thought Finch reached for a gun in his waistline. He later testified in a federal criminal case that he did not see a gun.

Sedgwick County District Attorney Marc Bennett declined to file criminal charges against Rapp, and the Wichita police public standards bureau never investigated Rapp for any potential violations of department policies, court documents later revealed. In 2022, he was promoted to detective despite concerns about his judgment.

The Finch family has battled the city in court for five years. The vote on the settlement was 6-1, with Council member Jeff Blubaugh voting against the settlement.

“It has been difficult to say the very least,” AlmaAnn Jones, a Finch family spokesperson, said after the council meeting. “I’ve watched this family go through disappointment after disappointment after disappointment and finally today we came together as a community. We got this done.”

The Finch shooting started with an online dispute over a Call of Duty video game between Casey Viner, who requested the bogus phone call, and Shane Gaskill, who gave out Finch’s address to Barriss, a serial swatter who ultimately reported the false murder and hostage call to law enforcement in Wichita.

Viner, Gaskill and Barriss all received federal prison sentences.

City Council member Brandon Johnson said he hopes the settlement will bring closure to the Finch family after five years of legal battles.

“I’m just glad that we were able to get to today,” Johnson said. “It’s a long road and none of this brings Andrew back, but I’m hoping that it helps the family move forward.”

A federal judge and appeals court panel previously denied qualified immunity to Rapp, saying enough evidence was in the record for a jury to potentially find he acted unlawfully in shooting Finch. Finch’s family lawyer told The Eagle he was prepared to go to trial.

In the five years since the killing, the city has vigorously defended the shooting in court, attempting to get it thrown out and submitting multiple appeals. The city was eventually dismissed from the lawsuit but it remained on the hook for Rapp’s legal costs.

“It’s been horrible for this community, tragic for the Finch family. Without a doubt, this should have never happened,” Council member Bryan Frye said. “This community has dealt with this for way too long. Certainly the settlement will never bring back Andrew, and it will never heal the family entirely. I only hope that it can give some measure to the children and the family, some kind of relief.”

The city’s share was $2 million, including $500,000 from the city’s self-insurance fund and $1.5 million from the City Council’s “rainy day” reserve fund. AIG insurance covered the rest of the settlement cost.

Tawny Unruh, the mother of Finch’s two children, thanked the community for the support since 2017.

“I would like to express my thanks and gratitude to the activists who fought for myself and my children for five long years,” Tawny Unruh said. “To the mayor and council who voted in favor of my children, thank you for making sure that my family can move on from this nightmare and begin to heal. We will never forget or understand why our Andy had to die but are grateful for all of the support we’ve received from our community.”

Action Injury Law Group and the MacArthur Justice Center, who represented the Finch family in the lawsuit, celebrated the “historic settlement” in a written statement.

“The $5 million settlement — one of the largest in Kansas’ history — is a step toward holding the City of Wichita accountable for its pattern of enabling police brutalilty with impunity,” the statement says.

“Mr. Finch’s killing was one of 23 police shootings in the city of Wichita over the preceding five years — none of which were meaningfully investigated or resulted in meaningful discipline for the officers involved,” the statement said.

“This settlement is so important, not just because it provides long overdue justice for Andrew’s family but because it holds the city accountable for operating a violent and undisciplined police force,” said Alexa Van Brunt, MacArthur Justice Center director and attorney. “We hope Andrew’s case will lead to true change, finally, in the Wichita Police Department.”

“While this settlement will not bring back our beloved Andy, it helps bring some closure as our family moves forward, especially Andy’s two young children,” said Finch’s mother and sister, Lisa and Dominica, in a joint statement.