What happens after?


TexasGun

New member
OK, while out and about you are confronted by a man wielding a knife yelling I'm going to kill you. You present your weapon he continues his advance and you fire a double-tap center mass. The man hunches over and stops moving. You kick the knife out of his reach and dial 911.

What happens after?
I know the police and ambulance arrive, secure the scene and take a statement.
I am wondering if they just take your statement and let you go home packing. Do they take your weapon in as evidence and take you to the station for a report? I would hate, to have bad enough luck, if the police secure my weapon for ballistics and something happens later that day or the next were you'd need it. Any one share experience or officers share policies please. Mike,
 

First of all, hope and pray that you never get into this situation. If you do encounter a situation where your only option is "lethal force", here's what I would do:

1) be certain that the "threat" no longer exists
2) call 911 to report the incident, and request medical attention
3) cooperate with the police as much as possible, but be sure that you don't give "too much" information. I would request to get checked out by medical personnel, then have an attorney present before answering any questions. I'd tell the responding officers something like "I'd like to cooperate with you, but I would first like to get checked out by doctor and consult with an attorney."
4) The police will most likely take your firearm because it would be considered "evidence". This is a good reason to own more than one firearm. :icon_wink:

Killing another human being is very emotional experience. You will need medical attention and won't be in any mind set to be giving statements to the police. A good attorney will ensure that you're able to cooperate with authorities, yet preserve your rights and keep you out of jail (if the shooting was justified).

Stay safe, and again, pray that you never get into this situation.



gf
 

PascalFleischman

New member
GF, once in the presence of medical personnel, the police are legally barred from talking to you. I was told that the request for medical attention was just as much of a legal backup as a physical one.
 

toreskha

Titles are un-American.
OK, while out and about you are confronted by a man wielding a knife yelling I'm going to kill you. You present your weapon he continues his advance and you fire a double-tap center mass. The man hunches over and stops moving. You kick the knife out of his reach and dial 911.
The first thing that I thought of when I read this was the "Not going anywhere for a while?" commercials for Snickers. Waiting for the ambulance, cops, attorney, etc to arrive...giving a statement...you're going to get hungry. :icon_lol:
 

TexasGun

New member
Looks like the hard part starts after the incident.

Some informative articles there, thanks guys. I'll have to read them when I get home.
And I might just have to start packing a snickers ya-know, just in case. lol
 
Anyone have any advice on choosing a lawyer?

It depends on what you want the attorney for. If it's your every day "general" attorny that can do stuff like wills, business advice, etc, then check your yellow pages. If it's an attorney that will be specific to protecting your rights should you ever be arrested, then I'd consult with friends in the legal community, or check out the local courthouse. The better criminal attorneys will be in court for the bigger cases. They will be the ones you see on the news defending the "really bad" guys. Hourly rates will be kind of high, but you really can't put a price on your freedom. :wink: I'd set an appointment with the attorney and explain that you're a responsible firearms owner, and would like to have him/her on retainer. My criminal attorney is on retainer for $1,500. This will cover about 3 hours in court. The guy took my initial retainer and will bill me for the rest should the need arise.

Another thing to consider is the age of the attorney. You don't want an attorney that may be on his/her last leg when you need their services. If you can retain a good attorney in a nice size partnership, then you shouldn't have to worry about continuity should something happen to the primary attorney.



gf
 

GHF

New member
Tueller Drill

Commit this to memory, and repeat to the LEO upon arrival:

A weapon within 21 feet poses a potentially lethal threat.

The "Tueller Drill" is named after its developer, Sgt. Dennis Tueller of the Salt Lake City Police Department. Based on the results of his own experiments, he showed that pretty much anyone, regardless of age, weight or height, could physically close a distance of 21 feet (6 meters) in about 1.5 seconds. A person armed with a knife or club within 21 feet poses a potentially lethal threat.
 

Fallguy

Citizen
GF, once in the presence of medical personnel, the police are legally barred from talking to you. I was told that the request for medical attention was just as much of a legal backup as a physical one.

Hmmm..that's interesting. I'm not saying whether it's true or not, but in my years as an emergency responder (EMS, FD and Rescue Squad at different times) I've seen many a person questioned as they were being treated, even while in the back of the ambulance at times.

I now work at an Army Ammunition plant, it was just after 9-11 so had MP's on the grounds in addition to the Security Guards. A couple of teens had an accident on the highway that runs through the arsenal, they were questioned by the Security Guards, the MPs, the Sheriff's Dept, an MP who was a State Trooper in civilian life and then the State Trooper on duty for that area that night. The paramedic I was working with just about had to run them out of the back of the ambulance so we could leave.
 

toreskha

Titles are un-American.
It depends on what you want the attorney for. If it's your every day "general" attorny that can do stuff like wills, business advice, etc, then check your yellow pages. If it's an attorney that will be specific to protecting your rights should you ever be arrested, then I'd consult with friends in the legal community, or check out the local courthouse. The better criminal attorneys will be in court for the bigger cases. They will be the ones you see on the news defending the "really bad" guys. Hourly rates will be kind of high, but you really can't put a price on your freedom. :wink: I'd set an appointment with the attorney and explain that you're a responsible firearms owner, and would like to have him/her on retainer. My criminal attorney is on retainer for $1,500. This will cover about 3 hours in court. The guy took my initial retainer and will bill me for the rest should the need arise.
If you can't afford retainer, try finding one who can give you a basic rundown of what to do (or more importantly, NOT to do) after an incident. For example, don't apologize or express feelings that what you did may have been the wrong thing...if such a statement is recorded, it may hurt you later. Choose the most complete way of telling the story, and stick with it - even if you're being completely honest, inconsistency or remembering things differently will be a problem. If you don't remember or aren't sure, just say so - but stick to not remembering or not being sure. Don't subscribe to anyone's suggestion on what may have happened.

Don't ever say, "Well, I'm not completely sure he was coming AT me" or "He sort of turned away just as a I pulled the trigger". No - he was charging like an enraged bull, you feared for your life, and defended yourself. Do not undercut your justification for your actions.

Also, at least in Florida, attorneys sometimes tell people not to say that they meant to "kill" their attacker or "shoot them dead", because that sounds like malice. Rather, the keyword is "stop" the suspect. You shoot them until they stop and fall, or stop the attack. If you kill them in the process, then that's just par for the course. If the attacker falls and loses their weapon, stop shooting - blood spatter will tell if you shot them while on the ground, and that can be bad for you.

Some attorneys also say (off the record) that it's best to put as many rounds into them as possible when you have the chance, as they're attacking. Killing them means that they won't make a statement, and there will either be no case at all, or you'll be much more likely to win.
 
If you can't afford retainer, try finding one who can give you a basic rundown of what to do (or more importantly, NOT to do) after an incident. For example, don't apologize or express feelings that what you did may have been the wrong thing...if such a statement is recorded, it may hurt you later. Choose the most complete way of telling the story, and stick with it - even if you're being completely honest, inconsistency or remembering things differently will be a problem. If you don't remember or aren't sure, just say so - but stick to not remembering or not being sure. Don't subscribe to anyone's suggestion on what may have happened.

Don't ever say, "Well, I'm not completely sure he was coming AT me" or "He sort of turned away just as a I pulled the trigger". No - he was charging like an enraged bull, you feared for your life, and defended yourself. Do not undercut your justification for your actions.

Also, at least in Florida, attorneys sometimes tell people not to say that they meant to "kill" their attacker or "shoot them dead", because that sounds like malice. Rather, the keyword is "stop" the suspect. You shoot them until they stop and fall, or stop the attack. If you kill them in the process, then that's just par for the course. If the attacker falls and loses their weapon, stop shooting - blood spatter will tell if you shot them while on the ground, and that can be bad for you.

Some attorneys also say (off the record) that it's best to put as many rounds into them as possible when you have the chance, as they're attacking. Killing them means that they won't make a statement, and there will either be no case at all, or you'll be much more likely to win.


+2 Excellent advice. Don't make any statements unless you have an attorney present. If you do choose to make a statement, make sure it's consistant.

LEO use the phrase "neutralize the threat". The goal is to get the BG to stop attacking. If it takes 5 rounds and ends up in someone in a body bag, then it is what it is.



gf
 

Members online

No members online now.

Forum statistics

Threads
49,389
Messages
623,085
Members
74,212
Latest member
TYRONYV
Top