Ham radio operator in Erie charged with broadcasting false weather emergencies

[kf8yk]

Ham radio operator in Erie charged with broadcasting false weather emergencies

An Erie ham radio operator has been charged with broadcasting false weather emergencies.

61-year-old Richard Wagner has been accused of using radio frequencies to notify people of emergencies to alert listeners of false weather reports such as tornadoes and a series of threats.

The threats stem from other radio operators asking Wagner to stop spreading the false reports.

https://www.yourerie.com/news/local-news/ham-radio-operator-in-erie-charged-with-broadcasting-false-weather-emergencies/

 

[trentbob]

Sounds like a real Nut Job. I'm curious I saw an ad for something in Pennsylvania but then I saw Buffalo Street. Is this Erie New York or Erie Pennsylvania?

 

[kf8yk]

Erie, PA

Here is another report: Erie ham radio operator charged with broadcasting phony weather emergencies, bomb threats

 

[trentbob]

Okay Pennsylvania.

 

[gary123]

Thankfully this type of nutjob is rare. The minimum penalty should be the destruction of the hardware. No hardware = no repeat or at least a out of pocket cost to reequip. Add in a black and white no possession of hardware clause too. This type of behavior makes every radio hobbyist look bad and brings un needed scrutiny to the hobby in general.

We know the FCC is pretty much a paper tiger now. Perhaps DHS will have more of a bite.

 

[nd5y]

According to the article:
An amateur radio operator in Erie is accused of using a radio frequency designed to notify people of emergencies to instead broadcast a series of threats and false weather reports, including for tornadoes.
...accusing him of making bogus weather emergency reports on ham radio over several months in 2021.

Since when is ham radio "designed to notify people of emergencies"?
Did this guy actually use a ham repeater or some other non-amateur frequency?

 

[kf8yk]

Did this guy actually use a ham repeater or some other non-amateur frequency?

The second report states: "Wagner aired the false weather emergency reports and the bomb threats via the Erie Radio Association transmitter or transmitters"

Sounds like the prosecutor is associating the Radio Association of Erie's involvement with Skywarn and ARES as a method of notifying people of emergencies.

 

[GlobalNorth]

NOAA has nearly 100 Federal Special Agents and around 30 Armed enforcement officers. Maybe the Weather Police will do a raid on his person and residence for criminal misuse of an anemometer.

 

[trentbob]

So being a retired reporter I'm often left with many questions after reading local yokel amateur news stories like this, I also noticed they didn't run a headshot which probably shouldn't be that hard to find.

The main two groups or organizations are as mentioned the radio Association of Erie and the other big Club is the Wattsburg Wireless Association. Often photos of club members will be on the websites but there are none here.

As a matter of note the local repeater in my area associated with ARES does broadcast Skywarn and other emergency notifications.

... but it's for an audience of ham operators even though the public, of course is free to listen on a scanner.

I'm referring here just to Richard L Wagner, I'm not sure of the other individual but the impression that I got was he was not actually transmitting on NOAA weather radio frequencies or any kind of public broadcast frequencies but of course we don't have any confirmation. The fact that his peers reacted and told him to stop resulting in his threats to them indicates they were the audience being miswarned and misinformed.

It does appear that the charges are misdemeanors so I don't think the feds are getting in on this one, the district attorney is newly appointed after the last district attorney resigned with two years to go in their term, again, another big gap that I'd like to know more about LOL.

The new DA, she is definitely grandstanding on one of the videos LOL. Must have been a slow news week, this story would never get any attention in my County on the other side of the state. The district attorney is way way too busy handling all the high-profile murders lately.

I have no doubt that this district attorney will notify the FCC and recommend that his ticket be pulled. This is within her purview and they often do it.

By the way it looks like Richard's had a license a long time, at least dating back to 1992 and is up in October of 2022. One thing's for sure, he definitely likes to take long walks on short piers

 

[w2xq]

Too bad stupidity isn't a crime.

 

[gary123]

I do not want to turn this into a how did he do it type thread. There is no point in encouraging copy cat incidents. I had considered the use of social media but this does not appear to be the case. My limited contacts have stated he used a different method. The transmitters affected were on air 100% of the time it is safe to assume he did not just set up a transmitter on that frequency and overpower the existing station.

 

[Blackink]

NOAA has nearly 100 Federal Special Agents and around 30 Armed enforcement officers. Maybe the Weather Police will do a raid on his person and residence for criminal misuse of an anemometer.

They may find other illegal things within his dwelling.

 

[Omega-TI]

At the very least he should lose his amateur ticket.

 

[es93546]

Too bad stupidity isn't a crime.

Yes, but if it was we would all have to be convicted of it at some time or another.

 

[MTS2000des]

Proof that the FCC isn't the only AHJ that can act against one who was told to stay off a given repeater(s). Sounds like a deranged weather whacker/lid who told fellow hams to foxtrot uniform and kept on lidding. Someone got the ear of a local LE agency who was crafty about bringing state charges against the guy. He did nothing that doesn't happen daily on 20, 40, or 80 meters: puffed up old white guys with virtual balls making terroristic threats, throwing carriers, being lids in general. Since the FCC sees no money in enforcement, it's another case of CONSEQUENCE FREE USA.

My prediction: ADA will strike a plea deal, he pleads no contest to some misdemeanor nonsense, does zero time, pays a small fine and court costs, and agrees to refrain from transmitting on (xxx repeater) and "avoid all contact with victims". FCC will do nothing as they usually do and have. Just another sensationalized reporting by corporate media who doesn't know it's butt from the hole in the ground. Bet old Richard is hot and wet over the attention too.

 

[zerg901]

from the GoErie article


"Wagner was charged by summons in the October case with first-degree misdemeanor counts of false alarm to an agency of public safety, bomb threats and terroristic threats and with a third-degree misdemeanor count of harassment."

The initial legal reasoning seems to be that 'a false alarm was transmitted on a radio channel that a EMA official might be listening to'.

 

[MTS2000des]

Reasonable doubt. No way an ADA/solicitor will even take this to trial. A 61 year old white guy from PA has every chance of walking away from this scott free if they take such a risk.
He's probably enjoying this very thread. Most attention he's gotten in decades. Change my mind.

 

[WRQS621]

They should charge the Weather Channel and numerous local stations for the same thing.

 

[AK9R]

In the U.S., amateur radio licenses are issued by the Federal government through a Federal agency, the FCC. The authority to transmit on amateur radio frequencies comes from the Federal government, not any state, county, or city.

I am not defending Mr. Wagner or what he is alleged to have done, but I question Erie County's legal standing to do anything to Mr. Wagner that's under the purview of the FCC. He may be guilty of harassment and he may be guilty of public disruption by disseminating false information. That would depend on PA law. But, I don't think a PA judge has the authority to stop Mr. Wagner from transmitting or the authority to confiscate his amateur radio transmitting equipment.

The prosecutor may contact the FCC. While there is factual and anecdotal evidence that the FCC has terminated licenses of amateur radio operators convicted of various felonies, do the charges made against Mr. Wagner rise to the level of FCC action?

I am not an attorney, but I think Mr. Wagner needs a good one.

 

[wd8chl]

NOAA has nearly 100 Federal Special Agents and around 30 Armed enforcement officers. Maybe the Weather Police will do a raid on his person and residence for criminal misuse of an anemometer.

Yeah, it's pretty scary that NOAA has a swat team...disgusting...