Ban Dispute (Efan)

[Sky]

Punishment Type: Ban
Punishment Subtype: Server Ban
Appeal Type: Dispute[Evidence]
Which staff member issued the punishment?: @Efan
How long were you banned/blacklisted for?: 1 Week

Your Steam Name: Sky
Your Roleplay Name: Magree Teller
Your SteamID: STEAM_0:1:57791259

Why were you punished?: 3.4 - User stalled complying under gunpoint and shouted for assistance whilst being gunpointed.

Why should this appeal be considered?: I walked into business shop 7 to place a workbench and start crafting while I'm in a Team Speak call with my friends who are in business shop 6. Then the officer came in and said hands up. I was trying to clear my hands as I had the work bench equipped by pressing 5 (Keys/Unarmed). I complied and put my hands up. I did not break gun point. I said in Team Speak calmly I'm 10toes (did not shout), before putting my hands up because either way, the cop cannot kill an unarmed person. I knew I was not putting my life at risk by doing that.

The rule 3.4 states:
"Any actions taken by a player that may put their In-Character life, freedom from imprisonment or general well being at risk must be done so in a realistic fashion and for beneficial reasons."

That is why I don't believe I broke 3.4, because I am wanted for murder. Me telling my friends I'm 10 could potentially save me from the 10 year sentence which is a valid beneficial reason that was done in a realistic fashion as I know that the cop cannot kill an unarmed person.

Additional Information: I don't believe that the 1 week ban is fair because I delayed. As it's pretty natural to be slow sometimes. If it wasn't a cop and it was a civilian instead, I would have put my hands up immediately as I know that the civilian might kill me. The same does not apply to officers as they don't shoot unarmed person for "Delaying" giving time for unarmed person to put their hands up or they use their nightstick and cuff him

 

[A1L]

If you are under gunpoint, you are not allowed to risk your life, you pretty much admitted this by saying that you're 10 toes whilst on teamspeak with a cop gunpointing you? The length is not decided within disputes

 

[Bnjemann]

Additional Information: I don't believe that the 1 week ban is fair because I delayed. As it's pretty natural to be slow sometimes. If it wasn't a cop and it was a civilian instead, I would have put my hands up immediately as I know that the civilian might kill me. The same does not apply to officers.

Can you declare with upmost certainty that an officer wouldn’t shoot you? Are you aware of Policy 10.4 of the complaint committee mandate perchance?


You admit you’d comply if it were a civilian, but not an officer, why is that?

 

[Sky]

If you are under gunpoint, you are not allowed to risk your life, you pretty much admitted this by saying that you're 10 toes whilst on teamspeak with a cop gunpointing you? The length is not decided within disputes

I understand that since I have complied and put my hands up not risking my life. But since I was on already on Team Speak call I just told my friends I'm 10 and 2 seconds later I put my hands up, I did not stall it till my friends came and shot him.

 

[Sky]

Can you declare with upmost certainty that an officer wouldn’t shoot you? Are you aware of Policy 10.4 of the complaint committee mandate perchance?
View attachment 23788

You admit you’d comply if it were a civilian, but not an officer, why is that?

I did not admit that I was not gonna comply to an officer, I was just explaining the delay before putting my hands up essentially the reason why I'm banned

 

[Bnjemann]

I understand that since I have complied and put my hands up not risking my life. But since I was on already on Team Speak call I just told my friends I'm 10 and 2 seconds later I put my hands up, I did not stall it till my friends came and shot him.

I did not admit that I was not gonna comply to an officer, I was just explaining the delay before putting my hands up essentially the reason why I'm banned

You can surrender without being empty handed as well. You chose to call for help prior to your surrender. Furthermore, Regarding that, I wasn’t insinuating you didn’t comply, I am pointing out that you said if it were a civilian you wouldn’t have called for help.

If it wasn't a cop and it was a civilian instead, I would have put my hands up immediately as I know that the civilian might kill me. The same does not apply to officers.

 

[Sky]

You can surrender without being empty handed as well. You chose to call for help prior to your surrender. Furthermore, Regarding that, I wasn’t insinuating you didn’t comply, I am pointing out that you said if it were a civilian you wouldn’t have called for h

I was on a Team Speak call prior to the officer instructing me to put my hands up. I did not break gun point by pulling it out and blatantly calling my friends/texting them while under gun point.

 

[Sky]

As I stated, I said 10 toes taking that risk for a beneficial reason, which is to avoid the 10 year sentence

 

[Bnjemann]

reviewed with @A1L and @tymon007

The reality is you are one errand twitch of the finger away from death, you are aggressively confronted with a firearm in this situation and you declaring your situation prior to surrendering as opposed to not surrendering is not in the best interest of your life. You’re calling for backup and giving them an acceptable reason in preservation of life to kill you.

You could also have surrendered with the table equipped rather than switching to fists as swep’s don’t prevent you surrendering.

Regardless of who was gunpointing you, cop or civilian, it makes no difference. Your defence is meaningless as it doesn’t make you any less likely to get shot. Sure you didn’t delay for long but you still chose to declare your situation prior to surrendering, rather than just surrendering. The reality is that Officer was just as capable of taking your life there as anyone else. As a long standing member of the complaints committee I can say that Officer probably has odds of getting away Scot free had he chose to shoot. (Do not rely on this statement in defense of any IA of this nature however, As it is subjective).