What to do after a self defense shooting?

This is a discussion on What to do after a self defense shooting? within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; i hear many folks saying that when the officer arrives you first need to not have the firearm drawn as you will look like the ...

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Thread: What to do after a self defense shooting?

  1. #1
    Member Array defensive007's Avatar
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    What to do after a self defense shooting?

    i hear many folks saying that when the officer arrives you first need to not have the firearm drawn as you will look like the BG to the officer and witnesses that didnt see it actually happem, then they say you should point out the evidence, then let the officer know you will cooperate on 24 hours after you speak to council????? WHO THE HECK IS COUNCIL????? i seen this on a video on another forum. What are the correct things to do if ever you are involved in a self defense shooting?
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  3. #2
    Ex Member Array Yankeejib's Avatar
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    Remember: anything you say, CAN and WILL be used AGAINST you. Nothing you say will ever be used to defend or exonerate you. So... STFU.
    Write em down until they're memorized:
    1) I intend to fully cooperate, but I do not waive any of my rights including the right to remain silent.
    2) If I am under arrest, I would like to be advised of the reason and the charges before I make any statement.
    3) If I am a subject of a criminal investigation, I would like legal counsel before I make a statement.
    4) I do not consent to a search of my person or property nor will I give a statement of denial or admission.

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    Distinguished Member Array Bill MO's Avatar
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    I think you may find this pod-cast of interest. Kevin Jamison on Post-Armed Encounter Procedures, Kevin is a well know Criminal Defense Lawyer from MO.


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  5. #4
    Member Array mfcmb's Avatar
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    "Council" is, in this case, properly spelled "counsel", and refers to a/your lawyer.
    In the heat of the moment, what matters is what your body knows -- not what your mind knows.

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    Array gasmitty's Avatar
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    Mas Ayoob suggests telling the responding officers the "active dynamic," then little else.

    Example:

    "Officer, two men approached me in the parking lot as I was walking to my car. One of them pulled a knife as I started to unlock my car and demanded my wallet and keys. I was in fear for my life so I drew my weapon and fired shots in his direction. I believe one shot hit him and another shot hit this car over here (pointing to it). My weapon is on the ground right here. I fully intend to cooperate but right now I'm shaky and my mind isn't clear and I'd like to talk to a lawyer before I answer any more questions."

    With that very brief statement, you've conveyed that you were the victim of assault, you drew your weapon and fired because you feared for your life, and you offered evidence of your actions. As long as you're not lying, you've provided enough of a description to validate that the event happened as you described, and hopefully no other circumstances drive the ROs to see it in a vastly different light.

    LEOs here may take issue with the brevity of such a statement, and their input will be valued to reflect contemporary LE standards. But running off at the mouth in the spirit of "cooperation" didn't help Harold Fish (Google "Harold Fish case" and follow a Kafka-esque story of agenda-driven prosecution and the judicial system run amok). What he said was indeed used against him in a court of law. Don't think that can't happen again.
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    Member Array 640girl's Avatar
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    1) I intend to fully cooperate, but I do not waive any of my rights including the right to remain silent.
    2) If I am under arrest, I would like to be advised of the reason and the charges before I make any statement.
    3) If I am a subject of a criminal investigation, I would like legal counsel before I make a statement.
    4) I do not consent to a search of my person or property nor will I give a statement of denial or admission.


    Always good review and memorize. Perhaps keep the 4 points with the CCW cardas I would most likely be shaken up with such a occurance.
    S&W 640-3

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    Member Array xXMens ReaXx's Avatar
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    Strictly my opinion

    1. Tell the cops you were afraid for you life and fired until the threat was stopped.
    2. Here is the weapon (it is chambered, safety on, off, etc)
    3. I am invoking my right to counsel and have nothing further to say at this time but I intend to cooperate.

    Prepare to go downtown in handcuffs so they can hold you over and go from there.


    Mas Ayoob suggests telling the responding officers the "active dynamic," then little else.
    This is a bad idea IMO. First, all it takes is a single witness to say they saw things differently and you come across as a liar and lose credibility. Second, when your adrenaline is going through the roof you may accidently exaggerate, forget something, misspeak, etc. This is all coming into court to impeach you and can only hurt you.

    The video posted above is GOLD. Watch the whole thing from start to finish. Well worth your time.
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    VIP Member Array Gene83's Avatar
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    One thing to remember, if you call 911....the call will be recorded and that recording can be used as evidence in court. That can create a really sticky problem. If you let somebody else call, that recording may also be used as evidence and their version of what happened and your version may not agree.
    "The superior man, when resting in safety, does not forget that danger may come." ~ Confucius

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    Senior Member Array Tyler11B's Avatar
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    "Officer I was fearing for the life of myself/son/wife/etc. I dont remember how many shots where fired. My weapon is in my holster" all with your hands where the officer can see. Remember there is a dead guy and you with a gun. You need to convince that officer/detective/judge/jury there was no other way. If they order you to the ground then you go to the ground. If you are placed in cuffs then you need to stop talking until you contact an attorney/public defender. Don't get to specific like for example. " officer I fired one mag of 13 rounds while performing a combat roll and tactical reload, then fired 2 more." because what if in the heat of the moment you actually fired 20 rounds, well that's gonna come of as you bending the truth, and that's the last thing you want. You will be accountable for every round you send out so just leave those statements for an attorney.
    U/315
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    "It is the tradition that a Kentuckian never runs. He does not have to…[he] is entitled to stand his ground, and meet any (life-threatening) attack made upon him with a deadly weapon…." Gibson v. KY, 34SW936(Ky.1931)

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    Senior Member Array Tyler11B's Avatar
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    4) I do not consent to a search of my person or property nor will I give a statement of denial or admission.
    this one won't fly. They will be arriving to a shots fired call and I'll give it a 99% chance of you getting put on the asphalt and searched and there is not much you can do. There will be guns, blood, shell casings, etc. That's all the probable cause needed to perform a search of your person.
    U/315
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    "It is the tradition that a Kentuckian never runs. He does not have to…[he] is entitled to stand his ground, and meet any (life-threatening) attack made upon him with a deadly weapon…." Gibson v. KY, 34SW936(Ky.1931)

  12. #11
    Ex Member Array Yankeejib's Avatar
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    Quote Originally Posted by Tyler11B View Post
    this one won't fly. They will be arriving to a shots fired call and I'll give it a 99% chance of you getting put on the asphalt and searched and there is not much you can do. There will be guns, blood, shell casings, etc. That's all the probable cause needed to perform a search of your person.
    This is true....

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    Distinguished Member Array kelcarry's Avatar
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    Lot of good answers and good advice--mostly consistent with each other. Certainly a major reason to check in on this forum--you learn a lot that will serve you well. A sidebar and another aspect of "after the event", as it relates to a home invasion and my psychological presence after such an event, would be to worry about how I will fix the door jam to my bedroom and how I will have to replace the carpet on the floor.

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    VIP Member Array Gene83's Avatar
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    Quote Originally Posted by kelcarry View Post
    Lot of good answers and good advice--mostly consistent with each other. Certainly a major reason to check in on this forum--you learn a lot that will serve you well. A sidebar and another aspect of "after the event", as it relates to a home invasion and my psychological presence after such an event, would be to worry about how I will fix the door jam to my bedroom and how I will have to replace the carpet on the floor.
    The only good thing, if there is one, about home invasion type scenarios is that the law usually grants you quite a bit of leeway. If someone breaks into your home, they've pretty much set the chain of events in motion and castle doctrine laws that many states have allow you quite a bit of latitude. The tricky situations are when you get into encounters outside the home. That's where you really start running into problems with witnesses who may have a different version of things than you do.
    "The superior man, when resting in safety, does not forget that danger may come." ~ Confucius

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    VIP Member Array hogdaddy's Avatar
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    I'm In SHOCK at the moment, I need medical assistance please ; )
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    Array RETSUPT99's Avatar
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    I was in fear of my life...
    I shot to stop the threat...
    I will be glad to answer questions with my lawyer present...
    Right now I am not feeling well, and I would like to go to the hospital.
    (Asking for medical assistance cannot be refused, and this will give you some time to collect your thoughts and contact your/an attorney.)

    Situations differ, some are more obvious than others, i.e., an old fart, white haired couple in a parking lot with a young, hooded and masked dirtbag laying on the ground with a knife near his hand :vs: two similarly looking guys in a parking lot and one is dead on the ground.INAL, OMO
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