Ban Dispute (Ultimate (Curak on Scambans))

[MalekIsWeird]

Punishment Type: Ban
Appeal Type: Dispute
Which staff member issued the punishment?: Ultimate (Curak on Scambans)
How long were you banned/blacklisted for?: 2 Months

Your Steam Name: LtWolf
Your Roleplay Name: Omar Asfour
Your SteamID: STEAM_0:0:137872891

Why were you banned/blacklisted?: 2.5 - The user killed a person who was idle, rejoining the server. //Banned for Enforcer Ultimate

Why should this appeal be considered?: I want to just say I do not at all want this to appear like I am trying to bash Ultimate as he is far more experienced in the community, NOR bashing Kian as Kian also is way more experienced. BUT I make this dispute because I have privately contacted a bunch of staff members and the responses when I asked questions regarding this scenario about how can I prove my self innocent because I somewhat felt that neither me or Kian was to blame and the situation occurred due to a sequence of unfortunate coincidences. So then I brought up my doubts on making a dispute instead of the recommended apology. After privately apologizing regardless to Kian about whatever they may have lost and I already gave them my word that I will refund anything they lost as well as contacting Ultimate and seeing his perspective with many other staff members (some unrelated) just to fully encapsulate how to go handle it. I want to present why I think I am innocent:

Summary of Scene: Paralake Partnership (PP which is my gang) was basing in Parker just next to Glassco. After a group attempted to raid us we tracked their location back to Morons Shipping co. We had geared up ready to raid the whole establishment in revenge however upon arrival we found out Hoodrats were raiding so we decided to counter raid and snipe from up high as more people rushed below. Next thing I know I see my teammates dropping left and right so I take action in exfiltrating instead of advancing as I was left as the last man standing. James which was an ally was with me as well. 1 TFU, 2 pistol cops and 2 medics along with so many people minge-grabbing and running on the scene to grab guns. I warn everybody verbally even in the clip I did once and said to Dom right where Kian would be assuming she rejoined to "LEAVE, IT"S NOT WORTH IT." Right after I had just literally murdered 1 TFU and 2 Pistol cops then killed a medic for trying to revive a cop after I had gave clear orders to only revive my people who were distinguished by their gang clothing.

After understanding the caliber of the situation let's look at it from Kian's perspective of what I believe to know:
Is in the area of an obviously mass scale shootout between 3 Big organizations and PLPD. Leaves the server at an undisclosed time then rejoins. Player is visible for a good while until she fully loads in then as soon as she does, dies.

Now moving on to my perspective:
I warned people, shot people, wiped cops, gun pointed medics and civilians to leave the area. Came upon people stealing guns from my dead people so I shot them, then warned Dom to Leave right in the zone where Kian would be or should've heard me. I wrap around and as I am in my car there is Kian standing right where I warned Dom to leave. I go into an ally and come back out after murdering a medic playing hero and a pistol cop. Then I came upon a man stabbing my teammate so I shot him. After this sequence of events it is clear to me that ANYBODY not willing to run at this point is risking their life as prominently anybody seeing this shootout and decides to run into it is either breaking rules or involved. So me having one second left to decide as I just saw somebody stabbing my teammate next to Kian and Kian standing still possibly picking up a gun or armed not running away which everybody who isn't involved should be doing after all my clear warnings according to 3.6 and 3.4 I shot her.


Reiterating my point:
Kian is not guilty of 3.6 or 3.4 but appeared to be which is why she was shot as she had no control over her actions however to me I believe I am not guilty because I could not have known this at all however I did give warnings many times to everybody in the area to leave yet to me she appeared to be standing still after all the fair chances to leave were given.

Additional Information: My POV: https://medal.tv/games/garrys-mod/clips/r9kwGOy5gCvmG/d1337TD1Xig6?invite=cr-MSx0M0QsNDA0MTMyOTks

Persecutors POV:https://streamable.com/28o5w9

 

[SamSN]

It's pretty evident that you were aware of Kian having spawned and not fully loaded in, you were right next to him when he had first spawned and based on the video you had submitted you were clearly aware of this. Additionally, when you killed him you stood there and watched him for long enough for you to have seen and processed the fact that he was still standing in the position he spawned in, wasn't a threat and hadn't done anything.

You mention you having told Dom to leave but Kian wasn't there when you said that and even if he had been, you telling Dom to leave the situation because it's not worth getting involved is not the same as you identifying yourself as a threat and telling Kian to leave the area.


While Kian was in a place of risk, he was entirely unable to avoid it having not loaded in yet. You were unavoidably aware that he had just spawned and chose to shoot him with enough time and knowledge to easily determine that he was not a threat and hadn't done anything against you.

Reviewed with @A1L, @MiniRaze and @Maia