Best Approach with Police after a Shooting

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gvf

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Is there any commonly held advice for the following: if involved in a SD shooting, is it better to talk to the police at the scene and cooperate with questions, or refuse until a lawyer is contacted?

I can see pluses in either, though I suppose one big factor would be your own mental state and capability for logical statements at the time. If that was absent, I guess it would be better to shut up and call your attorney. Otherwise you could blather your way into some serious trouble.
 
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1. the attacker presented a clear and imminent physical threat to myself.
2. The attacker was gonna get me.
3. I was within range of the attacker's threat. (if knife, close, if gun, far)
4. I had no other choice but to stop him. (use the word "stop." Don't use "kill.")

There are are whole threads devoted to this issue. Try searching.
 
If that was absent,
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... you wouldn't know it was absent.

Call your lawyer. If you don't have one, find one and pay him $300 for a consult if need be. Tell him you are armed and ask the same question.

Then practice doing what he says to do (except, of course, for calling him every time you practice) so that you will do it if the undesired happens.
 
Advice

I looked through all those threads suggested and the referred information and ordered the Ayob book "In Gravest Extreme". Thanks for all that - exremely helpful.

In such a SD incident, I think my second task, after making sure I was safe both from further attacks and from the police thinking I was the assailant when they're arriving, would be to call an ambulance for myself. I would undoubtedly need it from the stress and what it could do to various medical conditions I have. Then, call a lawyer. Seems for me the stress would produce babling and extreme disorientation. Not a good state to be in under legal questioning that can have far-reaching consequences - even when the action is absoultely justified.
 
You know how you stare down a cop and do the motion of fingers to the eyes in the "I'll be watching you" gesture? And pointing your finger at him like it was a gun, turning it sideways all gansta, then pretending to pull the trigger?

Do the exact opposite of that.*


* This post is in the hopes that nobody is ever in that situation, and thus can handle the humor.
 
4. I had no other choice but to stop him. (use the word "stop." Don't use "kill.")
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I kind of like the word, "kill". What's wrong with saying that you feared for your life and decided that killing the attacker was your only reasonable course of action? You certainly don't want to leave anyone with the idea that you accidentally killed the attacker, do you? ;)
 
Lawyer Up!!!

Politely state that you will be happy to answer any questions AFTER you have had the opportunity to speak with YOUR attorney. Until then, mum's the word! Don't run the risk of blurting something out that can later be used against you. (and don't think they won't use anything and everything!)

If it was a clean shoot and your attorney advises such, talk away.

If this happens to me, that's exactly what I'm doing. As an attorney and having a father who was in law enforcement, I know some of the "games" that get played.

You have your rights, exercise them.
 
Yep, call the police to report the shooting. You don't have to claim you did the shooting. If you do let them know you did the shooting keep it simple. Say he was going to kill me so I shot him. Don't give any details of anything other than your location so they can respond as quickly as possible. When they arrive, tell them you want to speak with your lawyer. Do not answer any questions or give them any information about what happened. Do not give them permission for anything they ask. If they ask to search anything refuse. The investigation will be treated like a homicide whether it appears to be a self-defense shooting or not. Your lawyer will let you know what to say and what not to say when you sit down for the interview.

You need to remember that even though you are right, they may think you are wrong and try to prove that. They are not your friends and are not there for you. You are there for you and you need to keep your mouth shut no matter how right you are. Get a lawyer before speaking with anyone about the shooting. Anyone (family or friends) who witnesses the shooting should also consult an attorney before speaking with anyone about the shooting. Get an attorney!
 
What's wrong with saying that you feared for your life and decided that killing the attacker was your only reasonable course of action?
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You'll be setting yourself up for the civil litigation that follows the criminal investigation. But, by all means, if you like the word, feel free to use it. I'd think saying something like, "He attacked me, he was going to KILL me, I had to shoot to defend my life, I need to speak to my attorney. I'm pretty shook up" (and I'll bet you will be to some degree, unless shooting people is an everyday thing). Load the connotation the word has in your favor, not against you.

What's wrong with saying that you feared for your life and decided that "stopping" the attacker was your only reasonable course of action?

Semantics.

In any case, lawyer up. Ask your attorney how much larger his bill will be if you use the word "kill" v. the word "stop" since he'll probably get to do more interpretive dancing. If he says go for it, no extra charge (since he'll bill hourly anyway) go for it. If he says something else, do please let us know.
 
West phoenix is exactly right, Call the Police, tell them nothing except that you want a lawyer. Then SHUT UP! Say nothing. anything you say can only give them an opening to ____ you. They are not your friends in this situation. They are investigating a homicide, with you as the only suspect. Pay the lawyer and do what he says. He is your friend now.

If you are involved in a shooting whether fatal or not the best you can expect is to escape a Jail term. It will be expensive and uncomfortable. The best thing that can be said about it is that you will be alive to feel the discomfort.

I am an ex-cop and have been in a fatal shooting. I didn't like it.
 
I agree completely about lawyering-up; just don't think any state's laws governing s.d. require one to say, "I was shooting to stop...", instead of, "I killed the dirty rat because he was trying to kill me and I feared for my life."

Neither verbiage will result in any results, one way or the other in a civil suit. (Unless, of course, your use of the word "stop" means that you didn't intend to kill him and that his death was accidental.) The word "stop" opens one up for interrogation about why you shot for center mass or the head, when all you wanted to do was "stop" the perp. Wouldn't shooting the perp in the knee have stopped him? What about the foot, or shoulder? ;)
 
Neither verbiage will result in any results, one way or the other in a civil suit. (Unless, of course, your use of the word "stop" means that you didn't intend to kill him and that his death was accidental.) The word "stop" opens one up for interrogation about why you shot for center mass or the head, when all you wanted to do was "stop" the perp. Wouldn't shooting the perp in the knee have stopped him? What about the foot, or shoulder?
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Easily countered, I'd think, considering that most government organizations (police, military) train their people to shoot center mass. You don't fire unless you're willing to kill...whether or not it's the intent, you have to assume you're going to kill the person. And you certainly never aim for the knee...that's more likely to result in you missing (and possibly your round heading elsewhere and hitting a bystander) than anything.

And as others have said, say nothing except that you want a lawyer. This is the only sound advice any time you're accused of any crime, and make no mistake the second you shoot somebody this is exactly the case. Just like MacGille said, it's a homicide. You're the only suspect, and they know darn well you did it. Your lawyer is your best and only friend in that moment.

Granted, I'm not saying any of this from personal experience. Luckily I've never been in the situation. Most of what I know is second-hand from somebody who was involved in a non-fatal SD shooting, and that ain't much. But a majority of this seems like common sense to me.
 
iF it was me. and I shot someone. I would call the police. I would say," shot(s) fired, man down, and the location. they will tell you to stay on the line. Don't do that. hang up and call your lawyer. then shut up until you talk to your lawyer.
If you utter anything they will use it to pump more out of you. OK you give them your Name address. Present them with ID. but that is absolutly the last thing out of your face without a lawyer. They will make an determined effort to get you to give up your rights. That stuff like, "If you don't talk to us your going to jail". guess what, your going to jail anyway. When you get out is the issue.
 
This is a repeating subject. Every few months, we have another big thread about this. But, it's an important question, so I'll answer it again...

Remember in Bourne Identity, when the local police pick Matt Damon up, and they have him in the interrogation room? They keep asking him questions, and he is just sitting limp in the chair, staring off into space, eyes down, and he doesn't say a single word? THAT'S what you should do after you shoot someone. Once the cops have you, you go DEAD until your lawyer arrives.

For a more detailed answer, search back on the threads for this topic.
 
Lawyer Up!!!
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Sounds like wise advice to me.

It's been between 35 and 40 years now but I went thru a 3, 4, or maybe 5 hour ( I literally lost track of time during) integration once and believe me they know how to work you. While they were interrogating me the ones that set off the alarm I was accused of were robbing/burglarizing other places. Long story short they could almost convince me I had done it when I knew for a fact I didn't.

Remember 4 words " I want an attorney"

I don't think I could begin to explain what, how it feels and I wouldn't believe it myself if I had not been the recipient.
 
Shut up and lawyer up. Then do and say exactly what your lawyer tells you to do.

Select your lawyer before carrying on the street. Pick one with a great record in self-defense homicide cases. Keep a business card in your wallet, right behind your permit.

The cops will ask you questions. Don't answer them. Wait for your attorney. This is part of the service you're paying for. Remember "anything you say can and will be used against you in a court of law."

You'll pay him/her a lot of money. He/she is worth it. You're paying for the advice of professional. Follow it.

You know nothing. Your lawyer knows everything. Even if that's not true, it's true.

There's a lot of anti-lawyer sentiment among gunnies. Don't let that prevent you from doing whatever's necessary to keep yourself out of prison.

--Shannon
 
I shot to live

Call 911 and tell them someone has been shot.
Give first aid if you can.
Tell the police "I shot too live".
 
When the police arive, put your gun on the ground and your hands in the air.

When they ask you what happened, you should reply "Officer, I was in fear of losing my life, but I will not comment further unless I have a lawyer present". Repeat every time asked until lawyer is present.
 
Words

Can have different meanings depending on how (and where) they are used. Words with one normally accepted meaning in conversation can have quite a differrent meaning in a court of law.

For example, many people use the word "minute" when then mean "moment". If you say " he stood there a minute, then..." in a court, that means you are telling the court "he stood there for 60 seconds, then...". If evidence is introduced "proving" that he only stood there for 20 seconds, you have just lied to the court (perjury). The same kind of thing can occur with losts of other commonly (mis)used words. The word "kill" always has one meaning in court, and it may not be the one you mean when you say it.
 
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