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Shooting Aftermath & Articulation - YouTube

At 6:08 into the video...
"The officer is going to need to know you were in fear for your life"
No; he does not need to know that. The judge and/or jury need to know that.

"You're going to need to point out the evidence"
I disagree again. (Evidence) is meaningless in this scenario. Evidence is again for the legal system.

Say nothing other than "I will be happy to answer any questions after talking with my attorney"

As with the adrenaline moment of stopping a threat; that adrenaline is still pumping to our mouth.
Saying the wrong thing in the fog of confusion while meaning to say something else is what may get one convicted.

I like many of his videos; but can not agree with this one.
 

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Does the evidence do you any good if no one notices it and it doesn't make it to court? Maybe the BG you just shot threw his gun into a nearby window garden?
 

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You won't need to present anything to a judge and jury if you're not charged.

I really wish people would stop endorsing the "I was in fear for my life" statement. It's sounds so trite and rehearsed, and worst--prepared and premeditated. In FL, the law says in a case of claimed self-defense that the involved shooter cannot be arrested until the investigation is conducted (Think Zimmerman case). If you don't offer any evidence to support your case, the investigation is likely to be over quickly.

What you will need to say, or need not to say, will depend on the situation at the time. Sometimes the obvious needs no explaination.
 

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This is an area of much controversy. Many people have been convicted based on the 911 call alone. The criminal defense attorney that I use to present the legal aspects of concealed carry in trainig classes advises, don't talk to the police, they are not your friend, they are not there to help you. Another instructor advises that when you call 911, you ask for police and medical help at the location, and that's it. When the police arrive , you have chest pain and need medical help yourself. The questions will have to wait until after your trip to the hospital and a consultaton with your attorney. The attorney also tells me that no matter what you say at the scene, it can be made to look bad and used against you. I am not saying I agree or disagree with this info, just passing it along.
 

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Shooting Aftermath & Articulation - YouTube

At 6:08 into the video...


No; he does not need to know that. The judge and/or jury need to know that.



I disagree again. (Evidence) is meaningless in this scenario. Evidence is again for the legal system.

Say nothing other than "I will be happy to answer any questions after talking with my attorney"

As with the adrenaline moment of stopping a threat; that adrenaline is still pumping to our mouth.
Saying the wrong thing in the fog of confusion while meaning to say something else is what may get one convicted.

I like many of his videos; but can not agree with this one.
I would rather give them some where to start then go to jail. Meaning, there is the knife, I was in fear for my life. I have to disagree with you on this.

After you give them a place to start the investigation, then shut up. There is no need to go any further.

The video gives very sound advise on how to deal with the aftermath of a shooting...
 

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I don't deal in law enforcement; I don't deal in the legal system; but an automatic "lawyering up" smacks of hiding something to me. You might as well plead the 5A right off the bat.

There will be an investigation of some sort. It may be five minutes; it may be days, weeks, months. Much of that will depend solely on the evidence at the time of the incident and what you claim at the time. We can only wish there were one "fits all cases" action to be taken if such an incident occurs.
 

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If you lawyer up first thing you are going to look like you have something to hide.

Follow Chief Ayoob's advice, its good advice
 
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LOL well RE I personally will probably cooperate with the responding officer, state clearly that I was in fear for my life and before the bad guys gun/knife/pipe gets overlooked or goes out with the daily trash where it landed will point out anything that I think will help my case. Yes I will limit what I say after that point but please feel free to not say anything or call your lawyer from the station but I am afraid by that point any evidence that was overlooked or moved won't help you much with the judge and jury.
 
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Shooting Aftermath & Articulation - YouTube

At 6:08 into the video...


No; he does not need to know that. The judge and/or jury need to know that.



I disagree again. (Evidence) is meaningless in this scenario. Evidence is again for the legal system.

Say nothing other than "I will be happy to answer any questions after talking with my attorney"

As with the adrenaline moment of stopping a threat; that adrenaline is still pumping to our mouth.
Saying the wrong thing in the fog of confusion while meaning to say something else is what may get one convicted.

I like many of his videos; but can not agree with this one.
I just listened to a podcast with Mas Ayoob in which he tells of a case he just testified on where the victim was charged with 1st degree murder because he didn't point out the evidence, and the shell casings got kicked around. 2 casings ended up 40 ft away from the victim, and were kicked by the paramedics. the casings ended up right next to the body of the criminal....

Now the victim had to pay tens of thousands of dollars in legal fees and for expert witness testimony (mas ayoob's).... to prove he shot ALL of his rounds in self-defense.

Mas also told of a case in which a self-defense shooting turned into a murder conviction because by the time the victim talked to the police, the shell casings had been blown away by the wind... his story could not be substantiated, so he is in jail now....
 

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I don't deal in law enforcement; I don't deal in the legal system; but an automatic "lawyering up" smacks of hiding something to me. You might as well plead the 5A right off the bat.
I often wonder just when did evoking one's 5th amendment right or refusing a search request by law enforcement automatically mean you are hiding something/guilty of something.........
 
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I understand and agree with the concept of having a lawyer or wanting to talk to a lawyer however if upon the arrival of LE it kind of makes sense to point out the location of evidence and so on. The SD situation will probably occur in a public place and the chances of evidence being moved or taken by a bystander is relatively high.

As far as statements and so on yep have a lawyer but this is just like those who when stopped on a traffic stop stating "I would not say a thing and invoke my 5th Amendment right" which if that is what some choose to do great but it simply makes a mountain out of a molehill.

But as stated everyone has an opinion and go for what you know, it's your life and freedom at stake.
 

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I say... What Old Vet said.

Everey shooting is different. Every investigation concludes on it's own merit. I dont know why so many people see the police as adversaries. The incident will be judged on it's own merits. I'd like to know just where are all these people convicted on their own statements, or 911 calls. Folks are always using them as an example of why not to speak to the police. I have been involved in investigating several hundred shootings in my 25 years with the police. 99% of these cases are concluded on 1) Proximity, 2) Forensics, 3) eyewitness evidence. The police (as long as they are professional, and free from a political agenda) are only looking for the truth. Either the shooting is Justified, accidental, or criminal. Thats it.

Every crime consists of two parts... The act, and the accompanying mental state. That accompanying mental state may be what seperates a justified shooting from a criminal one. What you say to the police or others is what may indicate your mental state. Saying foolish things like now he's a good one = intent or I shot him until he died = intent. The perfect example is Bernard Goetz in NYC. His statement is what sunk him. Not any statement to the police, but during the shooting he told a perp "You dont look so bad... have another" and shot him again. He was perfectly justified to that point.

Any shooting will be looked at in it's entierty.








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