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sandbag

Appeal KOS - 7 Days

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Posted (edited)

Link to the source of punishment (report/post):

Why the verdict is not fair:

Report is false. OP attempted an intentional theft and failed to respond to the following escalation of force ladder: verbal, physical gestures, warning shots, shoot to stop. My character was less than 20m away from truck when EOF procedures started and no more than 40m when warning shots occurred. OP accelerated and continued driving and did not attempt to stop when EOF went to shoot to stop. Hit logs collaborate this.

Additional statements/comments explaining your point of view:

Please refer to presented points 1-5 of POV in report thread. I will also offer the following facts for consideration:

6) According to OP POV, he followed the blue arrowed path into Stary Yar. If this were true, he would have ran right by an operational 4x4 identical to the one he attempted to steal located in the red circle according to the attached diagram. I know the vehicle was there and operational because I drove to that compound and checked it for a jerry can, started it, and then- when my partner opened fire on infected- left it in place and proceeded with our vehicle S back to the main W to E running road through Stary Yar, back up again to where the vehicle was parked when it was stolen. 

7) According to OP POV, approached the parked vehicle and all the dead infected and item litter around it from the East. At the time I heard the sprinting, I was at the water pump filling a jerry can, no more than 15m away as outlined in points 2 and 3 of my POV. If OP POV was true, I would have heard sprinting come from my left as I was facing S but I heard the sprinting approach from the right, suggesting Westernly or Northwesternly approach. 

Edit: (8) If OP was there for water as he claimed, he would have ran right into my character as that is where my character was- at the pump.

What would you like to achieve with this appeal: Repeal ban. 

What could you have done better?:

As offered by moderator, it's possible I could have attempted in game text direct communication in addition to voice. However, I would like to point out that in such a kinetic situation where I am myself sprinting to stop the theft of my truck and equipment, doing so would have meant losing line of sight on the vehicle with no guarantee that the vehicle would have stopped to begin with.

Edit: I will also record from now on to avoid this in the future.

Rebuttal:

My character, being a trained and experienced armed forces member, did what in pretty much any NATO military organization is considered to be a proper EOF prior to the application deadly force. And being as the current timeline in DayZRP is nothing short of near total-apocalypse, shows in my opinion a fair amount of discipline on my character's part. If OP had yielded to EOF procedures, especially the warning shots, his character would not have been killed by gunfire as he attempted to speed away in a vehicle that was- by the judgement of any reasonable and prudent person- clearly owned by someone close by. I believe beyond any shadow of a doubt that all attempts at RP, particularly my character's EOF, was deliberately ignored in order to speed away with loot (all of my character's and his partner's food, water, ammunition, tents, and survival equipment). My character has as of yet only acted in self defense and the defense of others in any given situation. I believe beyond a shadow of a doubt that this was in fact an attempt at a theft that, when didn't go his way, was reported as KOS. (Edit>)Furthermore, by definition this was not a KOS due to the EOF ladder applied. (/edit). I believe the verdict in OP's report to be purely unjust. I feel a warning at most- to both parties- would have been more than appropriate. 

Respectfully submitted,

 

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Edited by sandbag

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Greetings, 

After reviewing your appeal, we have come to the conclusion to deny it. You never initiated on the man in the car and took warning shots. That isn't an initiation. You must initiate on someone before taking shots at them, trying to kill them. Saying "Hey stop" is not an initiation. You were well out of VOIP range, so even if you did say something, it would not of been heard. In the future, when initiating on a car, make sure you are first in VOIP range and also post an initiation in chat so that if they cannot hear over the engine, they can still read the initiation. 

With that said, appeal denied. 

Signed by myself with notes

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