SAULT STE. MARIE - A young local man faces custodial time for "swatting" calls he made to Florida cops about an active shooter at a school and a hostage situation in their community earlier this year.
At a sentencing hearing last Wednesday at the Sault Ste. Marie courthouse, the lawyers agreed William Tuckett should serve time for his actions on two days last February.
They differed on the length of the sentence, and how and where the 21-year-old should do the time.
Defence lawyer Bruce Willson urged the judge to impose an 18-month conditional sentence, which his client, a first-time offender, would serve in the community, followed by two years probation.
Prosecutor Robert Skeggs called for two years less a day in a provincial facility, plus 24 months probation.
After hearing their arguments, Ontario Court Justice Romuald Kwolek reserved his decision until Dec. 12.
Tuckett pleaded guilty in July to offences stemming from the Feb. 16 and 17 incidents.
He was convicted of conveying false information with intention to injure or harm a person.
The Prince Township resident admitted he made anonymous false 911 calls to the Marion County Sheriff's office in Ocala, Fla.
Tuckett contacted deputies at 4:06 p.m. on the first date, told them he was calling from a red SUV, was armed with an AR-15 and was heading to a middle school in Dunellian. He said he was feeling suicidal, and was going to shoot students.
Police, including a tactical unit, flooded the area, but didn't find anyone and determined there was no danger.
The following day he called at 5:27 a.m. to report a hostage-taking incident at an Ocala residence. He claimed to be a father who was holding his daughter at gun point.
Officers responded, arrested a man and soon discovered it was a hoax.
Police learned Tuckett had communicated with a 13-year-old girl, who he described as his "ex-girlfriend," online for three months. She was a student at the school.
Willson said his client suffers from a cognitive impairment, processes information at a lower rate than his peers, and also has mental health diagnoses. He has attention deficit and hyperactivity disorders which are compounded by autism.
Tuckett takes various medications for his diagnosed issues and was "off his medications for two weeks before the offences." Willson told the judge he has difficulty regulating his emotions and "got in over his head online."
There are criminal people all over the world in gaming on the internet, and Tuckett wanted to impress them. He bought gifts for people who threatened or took advantage of him and "learned from a guy in Ireland how to do swatting."
Tuckett's parents fear for his safety because of his vulnerability if he is incarcerated, Willson said. An assessment indicates he has complex needs and his family had been discussing the possibility of assisted living prior to this incident.
Referring to a pre-sentence report, Willson said his client acknowledged his poor behaviour. He is aware how serious this is and accepts responsibility.
After he was charged, Tuckett was referred to the Canadian Mental Health Association and "has been responding properly."
Skeggs argued a sentence of house arrest wouldn't address the principles of denunciation, deterrence and rehabilitation. Tuckett was involved in two distinct "very serious" incidents that sent police to a middle school and a home.
Swatting is no prank, and his actions resulted in police responding with strong force to both situations, the assistant Crown attorney said.
He sent the cops to the girl's school and her parents' home when the family was sleeping. Officers surrounded the building, Skeggs said.
"School shootings are a real problem and are getting worse and worse."
As swatting proliferates, police resources are being wasted at a tremendous financial cost. Imagine having a SWAT team show up at your Florida home and "you are confronted by armed police," he said. "This can kill people."
Skeggs noted the young man has faced a number of challenges growing up and continues to do so.
Tuckett hasn't had an epiphany and "doesn't comprehend the severity of his actions even today," the prosecutor told Kwolek. The pre-sentence report indicates the accused did this for petty revenge -- he used police resources because the girl wouldn't answer his calls, Skeggs said.
He was cognizant that he'd gotten in over his head in the online world, feared for his family and this caused him to be upset.
There are many victims in this case, and a jail sentence is required to address denunciation and deterrence, the Crown concluded.
