Question for any LEO's out there - after a defensive shooting

This is a discussion on Question for any LEO's out there - after a defensive shooting within the Law Enforcement, Military & Homeland Security Discussion forums, part of the Related Topics category; I thought this would be the best section to put this in because i'm sure some LEO's have been in this situation. If it's not ...

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Thread: Question for any LEO's out there - after a defensive shooting

  1. #1
    Distinguished Member Array Pro2A's Avatar
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    Question for any LEO's out there - after a defensive shooting

    I thought this would be the best section to put this in because i'm sure some LEO's have been in this situation. If it's not please move it to the correct section.

    The question is, I’ve often wondered what steps take place after a defensive shooting. Lets say I’m held at gun point by a masked robber while working at night, I draw my firearm, shoot the guy and kill him. There were no witnesses, I call the police and they show up. What happens from there? I’ve always read the armed citizen stories in my 1st Freedom magazine and it always tells the story of what happened, but not what happens afterwards. Do you go to the station? Fill out a report? Go before a judge? Etc…

    Hopefully some LEO’s could answer this question

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    Thats a huge question! There are also tons of variables to consider too.
    Dont freak out when you get handcuffed. It will happen. No, you are not being arrested. The police dont know what happened, only you do at this point. They want to go home too. Just be polite and calm as you can be given the circumstances.
    Then you will be taken to the station for at least statements, interviews etc. I really do suggest you lawyer up before you go beyond the basics. Not because the police are out to get you, but because you most likely will not remember all the facts just yet. This will buy yourself time to think it through, and keep you from saying anything stupid. If it is clear cut self defense, away you go. If not, you will be off to see a judge in the morning.

    It will be a long couple of days. Dont talk to the media, your neighbors or anyone else. Just talk to your dog about the incident.

    You will have a hearing in front of the prosecuter. He wants to hear the facts of the case from your mouth. He might have follow up questions for you. Again, no worries. Just be smart about it, dont hide anything and please dont lie.

    Most areas will require the fact of the case to be heard by a grand jury. You may or may not get indicted on any charges. This is just a step to protect everyone, and nothing to get your panties twisted over. I've had cases in front a grand jury a few times, its just part of doing business.

    Assuming you are in the right, away you go about your business. Then comes the civil BS. Afterall, the BG who tried to kill you was just turning his life around. His family will want whatever you got. Again, lawyer up. Make sure your insurance is up to date.
    "Just blame Sixto"

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    Distinguished Member Array Pro2A's Avatar
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    Thank you for that information. I'm sure it will come in handy if god forbid I am ever put in a situation like that. Luckily I live in a pretty safe area compared to some parts of the country... but once in a while you'll hear of a robbery or burglary.

    I'm guessing the same would happen if it was an armed home burglary?

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    Yeah, pretty much. Its still a homicide that needs to be investigated. However, its a little more clear cut than it if happened out on the street. Door kicked in, you're in your underwear.. clues like that tend to go in the home owners favor.
    "Just blame Sixto"

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    Member Array Eddie A.'s Avatar
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    Doesn't Texas have the Castle Doctrine now that protects you from Civil BS?
    "I'd rather have my gun and not need it, than need it and not have it"

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    Its pretty much up to the Prosecutor of your area as to how you get treated after the fact. There are so many variables and even one single fact can change the outcome so much that this could be argued forever.

    Using your scenario with no other facts changed.

    You may be cuffed, you may not. Depends on the officer. The Sheriff or Police Chief or Designee will be called, he will arrive, what he decides will factor into how you are treated. He may take a statement right there. He may have you come to the station. He may take you to the station. You may go into the station in the back of a patrol car, in cuffs.

    He may keep you overnight, he may not. He might release you and have someone else pick you up. He will advise you to contact an attorney. The Prosecuting attorney or even one of the local Judges may arrive and quiz you. They may decide to hold you, or they may let you go. If they let you go, you might not every hear from them again or they may decide to turn it over to a Grand Jury or you can even request one.

    If its clearly a righteous shoot, it can be over pretty quickly. Often times the easy part is getting cleared by the law. Then the protracted nonsense from legal experts and the family's of the deceased come into play and try to mess up your life for years to come. Its a big hassle and can be very expensive. I heard it stated more than once that if the shooter knew what would happen after the fact that it would have been easier to get killed by the perp and be done with it.

    Shooting is the easy part. When its over, your nightmares have only just begun...

    This is small town America here where everyone knows everyones' business. In the big cities, you will probably be treated like a murderer until proven otherwise.

    In actual practice, there is no correct answer. It is entirely dependent on the local practices and procedures.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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    Quote Originally Posted by HotGuns View Post
    Its pretty much up to the Prosecutor of your area as to how you get treated after the fact. There are so many variables and even one single fact can change the outcome so much that this could be argued forever.

    Using your scenario with no other facts changed.

    You may be cuffed, you may not. Depends on the officer. The Sheriff or Police Chief or Designee will be called, he will arrive, what he decides will factor into how you are treated. He may take a statement right there. He may have you come to the station. He may take you to the station. You may go into the station in the back of a patrol car, in cuffs.

    He may keep you overnight, he may not. He might release you and have someone else pick you up. He will advise you to contact an attorney. The Prosecuting attorney or even one of the local Judges may arrive and quiz you. They may decide to hold you, or they may let you go. If they let you go, you might not every hear from them again or they may decide to turn it over to a Grand Jury or you can even request one.

    If its clearly a righteous shoot, it can be over pretty quickly. Often times the easy part is getting cleared by the law. Then the protracted nonsense from legal experts and the family's of the deceased come into play and try to mess up your life for years to come. Its a big hassle and can be very expensive. I heard it stated more than once that if the shooter knew what would happen after the fact that it would have been easier to get killed by the perp and be done with it.

    Shooting is the easy part. When its over, your nightmares have only just begun...

    This is small town America here where everyone knows everyones' business. In the big cities, you will probably be treated like a murderer until proven otherwise.

    In actual practice, there is no correct answer. It is entirely dependent on the local practices and procedures.
    That might be the way they do it in AR, but around here, if you are smart, you just say that you were robbed and in fear for your life, and then "lawyer up". Your attorney will take it from there. I can't really conceive of a prosecutor interviewing someone he may charge with a crime. Once you request an attorney, all questioning stops. After that, it is a violation of rights to interview someone. Your attorney can file a habeas corpus motion to force the police to bring you before a judge and show why you are being detained if he thinks it necessary.
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    Quote Originally Posted by SIXTO View Post
    Door kicked in, you're in your underwear.

    HEY, HEY, HEY.........that's me and nearly the way it happened !!!! How do you know. though need to add "Colt 1911 in hand"
    Turn the election's in 2014 to a "2A Revolution". It will serve as a 1994 refresher not to "infringe" on our Second Amendment. We know who they are now.........SEND 'EM HOME. Our success in this will be proportional to how hard we work to make it happen.

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    Senior Member Array jframe38's Avatar
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    I'm new to this but in my state of SC I read that once cleared by the law of a crime you are immune to civil action. See link: http://www.sled.sc.gov/ProtectionOfP...spx?MenuID=CWP

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    The one thing that upsets people the most whether it is a shooting or a traffic accident is that they think that the investigating officer can make the decision on who is at fault or should be charged. The officer's only role is to gather as many facts as possible and present them to the judge or prosecuter. If it is a shooting they will assume that you are guilty. This does not sit well with most people but it is fact.
    Last edited by FN1910; October 2nd, 2007 at 12:17 PM.

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    Member Array bearcreek's Avatar
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    Quote Originally Posted by jframe38 View Post
    I'm new to this but in my state of SC I read that once cleared by the law of a crime you are immune to civil action. See link: http://www.sled.sc.gov/ProtectionOfP...spx?MenuID=CWP
    Anybody with a typewriter and a sheet of paper can sue anybody else for anything. The law may get you off in court, but you're still going to have to lawer up and go....

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    VIP Member Array MitchellCT's Avatar
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    Getoffthex.com has dealt with this topic extensively in several threads:


    Three phases of a gunfight -
    http://getoffthex.com/eve/forums/a/t...1/m/2641033292

    What do you tell the police after a shooting? -
    http://getoffthex.com/eve/forums/a/t...1/m/2001005253

    After incident/Part 2 -
    http://getoffthex.com/eve/forums/a/t...1/m/8281078553

    Why is it so hard to shut up after a gunfight when the cops are there? -
    http://getoffthex.com/eve/forums/a/t...1/m/3281081253

    Registration required, but it is free. Its also some of the best discussion on the topic I've read yet.

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    Quote Originally Posted by FN1910 View Post
    If it is a shooting they will assume that you are guilty. This does no sit well with most people but it is fact.
    This is true, however if you do shoot, you are guilty. You just need to be able to show that your actions are justified.
    "Just blame Sixto"

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    Member Array ttpete's Avatar
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    Quote Originally Posted by bearcreek View Post
    Anybody with a typewriter and a sheet of paper can sue anybody else for anything. The law may get you off in court, but you're still going to have to lawer up and go....
    Not so in MI. our law provides that any plaintiff who sues automatically assumes all legal fees of the defendant, because the plaintiff is prohibited from filing a lawsuit in the first place. This is to eliminate the antics of cheap scheisster tort lawyers.
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    Quote Originally Posted by Eddie A. View Post
    Doesn't Texas have the Castle Doctrine now that protects you from Civil BS?
    Yes.....but it's all in the details.........

    From SB 378:

    Sec. 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.

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