Well, apparently my opinion isn’t very popular. That’s okay. I’m of course thinking of this in terms of what looks good to judge and jury. I’m not an expert on tactics and self defense training, so I clearly didn’t think as deeply as i should have about the issues of continued safety from an attacker once they are down. I see the wisdom in waiting to be sure they really and truly are no longer a threat. Showing compassion in some way or other, will definitely play well in court.
I will say this about some of the comments. Some have really been offended by the notion of speaking with the 911 dispatch and have said that you shouldn’t tell your story. Two things.
1. How would you report the shooting if you don’t call 911? You have to call and say something, and it better dang well be the truth and not be so limited in information that you raise suspicion. I pray some commenters on here never get into a self defense shooting because, based on their unwillingness to communicate even the very basics about the confrontation, they’ll likely be going to jail for some time.
And to be clear, you have to say something. I’ve dealt with criminal investigations (but not criminal defenses) quite a bit. I’ll say this. Knowing how much to say to an investigator is a difficult tightrope to walk. I’ve sat down with my clients and an investigator repeatedly. It’s not like the movies. The investigator wants to do his job without it being a pain in the butt. If you stonewall, they get bugged and suspicious. They want the truth, they want an easy investigation, they want justice. If you get any sense that they have an agenda beyond truth and justice, you stop cooperating at all. If you’re innocent of wrongdoing, and they are looking to simply follow the law and get the facts, it’s usually advantageous to cooperate.
Do you know why criminal attorneys tell their clients to shut up and not talk to investigators? Because most of their clients are guilty. It’s a very different scenario when you are innocent and you can prove it. The calculations change dramatically.
2. Remember that admissibility of certain things, including some 911 calls, are often not permitted in court. Whether the 911 call would even be admissible is an open question that has to be dealt with on a case by case basis. Just an FYI.
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I will say this about some of the comments. Some have really been offended by the notion of speaking with the 911 dispatch and have said that you shouldn’t tell your story. Two things.
1. How would you report the shooting if you don’t call 911? You have to call and say something, and it better dang well be the truth and not be so limited in information that you raise suspicion. I pray some commenters on here never get into a self defense shooting because, based on their unwillingness to communicate even the very basics about the confrontation, they’ll likely be going to jail for some time.
And to be clear, you have to say something. I’ve dealt with criminal investigations (but not criminal defenses) quite a bit. I’ll say this. Knowing how much to say to an investigator is a difficult tightrope to walk. I’ve sat down with my clients and an investigator repeatedly. It’s not like the movies. The investigator wants to do his job without it being a pain in the butt. If you stonewall, they get bugged and suspicious. They want the truth, they want an easy investigation, they want justice. If you get any sense that they have an agenda beyond truth and justice, you stop cooperating at all. If you’re innocent of wrongdoing, and they are looking to simply follow the law and get the facts, it’s usually advantageous to cooperate.
Do you know why criminal attorneys tell their clients to shut up and not talk to investigators? Because most of their clients are guilty. It’s a very different scenario when you are innocent and you can prove it. The calculations change dramatically.
2. Remember that admissibility of certain things, including some 911 calls, are often not permitted in court. Whether the 911 call would even be admissible is an open question that has to be dealt with on a case by case basis. Just an FYI.
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). He didn't hit anyone, but shot the car, blew out windshield, scared the kids, teens who were looking for a place to party, or at least that's what they, as victims, told the police. Prosecutors and Judge didn't agree with his defense. His ego cost him 4 years and a Felony conviction. He should have just gotten the tag number and called Police, retreated behind a locked door and waited for LEO's. Ego and excuses didn't hold up in court. 4 years was a long time for an older man. 