Leathel Confrontation


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Basic Information

In the event you are involved in a shooting. As soon as it is safe to make a call, then call 911 and give them the basic information. Your name, your location, and that there has been a shooting, and that you need police and ambulance to that location, and a very, very, brief description of what happened, and if the bad guy is down or if he ran away, or if there were more than one. Do not giving detailed account of what happened over the phone, Just the basics to get police to your location. There will be plenty of time later to give all the details.
Dispite what you read on the internet chat lines and see on TV shows, it is also a very good idea to call an attorney at this time, and have him present when you are being questioned. Keep your mouth shut when confronted by the News Media as they are definately not your friend. No matter how justified you were in shooting the bad guy, you can bet that you will be sued by his family, and they will use your own statement against you in that lawsuit. You can expect it to cost you thousands of dollars in attorney fees. Getting an attorney up front can help reduce the cost of this experance in the long run.
While I do not really care for attorneys, they are a necessary evil in this type of situation.
As much as possible, I ALWAYS have an attorney present when being questioned by police. If there is the most remote possibility that I can be criminally charged for ANYTHING, I'll have my attorney present. Otherwise, I'm your basic "deaf mute". As much as I love the news media, DON'T TALK TO THEM WITHOUT AN ATTORNEY. With the way they work these days and how they can "cut and paste" things, anything you say can be twisted and may be used to incriminate you.

Here's my suggestion for the 911 call:

911 operator: "911, do you need police, fire, or medical assistance?"
caller: "police please"
911 operator: "please hold, I'll connect you, don't hang up"
police operator: "This is the police operator, how can we help you?"
caller: "My name is [your name], I'm located at [your location], there was a shooting, we need an ambulance.
police operator: "Are you hurt"
caller: "no, I'm ok, but I would like to be checked out by paramedics"
police operator: "How many people are involved in this shooting?"
caller: "There's myself, [state the number of other parties involved]"
police operator: "An ambulance is on the way, can you tell me what happened?"
caller: "There was a shooting, I'm ok, we need an ambulance. I'm wearing [describe your clothing, vehicle if applicable, and your location (sitting on porch, standing next to a stop sign, etc)]"
police operator: "Where is your weapon?"
caller: "My firearm is secure (holstered, locked in my vehicle, etc.), state that I have a carry permit from the state of [name of state]. When are the police getting here?"
police operator: "A police unit is on the way, unit #xxx should be there in [approx. eta]"
caller: "I see the police officer, can I hang up now?"
police operator: "Yes, you may hang up and speak with the officer."

The above call is a suggestion, NOT legal advice. It's based on conversations I've had with various legal resources (prosecutors, defense attorneys, law enforcement, etc.) You want to stay calm, be concise and to the point, but at the same time, you don't want to admit any guilt or give the LEO any information that can be used against you later.

When talking to the responding officer (or officers), ask to go to the hospital to get "checked out". Most law enforcement agencies have their officers checked out after an officer involved shooting, why shouldn't citizens be allowed the same treatment? Be cooperative as much as possible, but assert your right to speak with an attorney before answering any possibly incriminating questions (Why did you shoot? Were you in danger? etc.) Give your name, identification, CCW, and you'll probably have to give up any firearms you're carrying. I've heard of cases where the responding officer took only the firearm used in the shooting, and let the firearms owner keep their unfired "back up" firearm.

Be sure to familiarize yourself with the laws of the places you'll be carrying. If you're not sure of anything, contact an attorney who is qualified to clarify the law for you. Your freedom depends on it.

I think the above answers are good when it comes to keeping quite untill talking to an attorney.
This is what you say to the officer or Deputy.

1) I didn't do anything wrong.

2) I don't wish to answer any questions.

3) I would like my attorney present.
I agree with all the above. Everyone has given you some great advice. My biggest thing is to remember to stay calm,cooperate with the police, and again...DON'T SAY ANYHTING UNTIL YOU HAVE A LAWYER PRESENT!:cool:
I'd like to add a few points.

During the 911 call, state that you have been attacked. This will identify you as the victim. Also describe yourself and what you're wearing. I would also suggest finding out if the officer questioning you has the authority to release you at the scene. Some departments give their officers this ability and some require that the shooter be arrested. If the officer has the authority to release me, I would give a basic statement such as " I was attacked by this person. I was in fear for my life. I want to press charges". If the officer can't release you, ask to give your statement to someone who can. I would have an attorney present for any in-depth questioning.
Here is some good advise from John Farnham...

21 June 07

Sage advice from criminal defense attorneys with whom I work:

When I am asked by lawyers to provide them with expert consultation in
shooting cases, I always make it a point to ask several, general questions about
strategies for gun owners/carriers. This advice I, in turn, pass on to my

The most dangerous and damaging single thing one can do in the wake of a
lethal confrontation, the one act that fatally damages most claims of
legitimate self-defense? Answering questions asked by police investigators, at the
scene, without first insisting on having your attorney present.

Even seemingly innocent-sounding statements like, "I didn't mean to....", "
It was an accident.....", "This is terrible....",
and "I can't believe I
did that...." are, in fact, monstrously incriminating. Attorneys tell me
that the strongest part of the prosecutor's case is almost always directly
founded upon indiscreet statements made, at the scene, by the accused, to police.

On the other hand, saying nothing to police carries risks also. When those
on one side of the incident talk freely to the police, and those on the other
side say nothing, talkers automatically go into the "victim" column on the
investigator's notebook, while the silent go into the "perpetrator" column.
Those assigned distinctions tend to be permanent and will color the
investigation from that point forward.

The best compromise is to have your well-rehearsed tape loops ready to go.
Tape loops need to be emphatic and unmistakable, but neither rude nor
insulting: "Officers, I want to cooperate, but I want my attorney here first" , "
I'll be happy to answer all your questions just as soon as my attorney is here."

At that point, police are obligated to stop questioning you. However, they
may say something to you like, "You can go the 'lawyer-route' is you want,
but it won't do you any good." , "You better start answering questions now,
while you still have the chance." , "All we want to do is just clear this up."
, "You'll feel much better after you talk with us." or,
"We only have a few
questions, strictly routine..."

What they are trying to do is persuade you to definitively rescind your
demand that you have a lawyer to represent you during questioning. Once you say,
"Okay, I'll talk with you," they will assume, correctly, that you've
changed your mind and no longer want a lawyer. Don't do it! Continue to remind
investigators that you still want a lawyer and continue to politely decline to
answer questions.

So, when first confronting arriving police officers, (1) assume a
non-threatening posture, with both palms turned outward and clearly visible. Make sure
no guns or other weapons are visible. (2) Get into the "victim" column"
right away with, "Officers, thank God you're here!" Then (3) identify
yourself by saying, "I'm the one who called." VCAs don't call the police very

When asked what happened, say: "That man tried to murder us," pointing in
the direction of the perpetrator. Then comes (4) "I'll be happy to
answer all
your questions just as soon as my attorney is here."

Beyond that, shut your mouth. Don't sign anything and don't "consent" to
anything. If arrested, submit peacefully and without comment. When asked
you understand your rights, say "No." When asked what you
don't understand,
say, "I don't understand any of it."

Tape loops need to be practiced every time we go to the range. None of the
foregoing may seem important, until the unthinkable happens. Then, I promise
you, the nightmare will begin, made all that much worse when you don't know
your lines!

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Now THAT is some good info!
Thanks for that!

When asked if you understand your rights, say "No." When asked what you don't understand,say, "I don't understand any of it."

That is hilarious!I know it makes perfect sense,but it is funny!
Good info

I think we all learn from these posts they are great info, and reminded at the same time what to do and not to do.

thanks also. DJ58

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