What to do after a self defense shooting?


Usa007

New member
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?????:fie: 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?
 

nogods

Active member
Everything you say can and will be used against you.

More importatly, what you say will be witnessed only by the police officers. It'll end up your word against theirs, and they don't even have to take the stand because the report will cone in as a business record containing admission by you

Tell the police "I shot him because he was coming at me with a knife" and they will write in their report "suspect admitted he shot the victim because the suspect did not have his knife with him...."
 

Black Dragon

New member
After you have defended yourself call 911.
Tell the 911 operator that you had to use deadly force to protect yourself.
After you get off the phone with them Call your lawyer. If you don't have one yet find one NOW.
Do not give a statement to ANYONE (not the police, not the guy standing around wondering what happened, not the media, etc) except your lawyer. Your lawyer is your mouthpiece and will tell the police what happened.
 

chapinjs

New member
I read in a magazine recently "He said he was going to kill me, and I believed him." But that was for court. I believe the article was by Masaad Ayoob, the nation's foremost expert on CCW law. He has written many articles and a book (or more?) on the subject. You could start educating yourself there.
*You can call the NRA to find a friendly lawyer in your area. Some friends of ours did that when their grade school son brought a gun to school and was accused of threatening a girl with it. The situation was resolved very well and within the law with no undue or unlawful punishment, nor excessive browbeating on the little boy.
 

simplyjennifer

New member
The way it was explained in my class:

YOU call 911, no matter who else says they did. "There's been a shooting." - "How many victims?" "TWO" (you and the perp) - when LEO arrive, you tell them you will cooperate after you speak with your lawyer (counsel).

I think I'm also going to compile a list of questions and make an appointment with my attorney to discuss them. An hour for my small-town guy won't be too expensive, and it will certainly make me more comfortable and competent in the event that I have to be involved in a self-defense shooting.
 

cmhbob

Sig fault.
I think the first thing you need to say is, "Someone just assaulted / tried to rob/shoot me, and I defended myself." Lead with /their/ crime. Then let the dispatcher ask their questions. That way you're on the record as a crime victim who defended themselves, with the emphasis on you being a victim.

I think if you lead with "I just shot this guy who blah blah blah," they're going to get stuck at you shooting someone, and that's going to color their questions and responses poorly.
 

Phillip Gain

New member
After you are safe:

Call 911. "There has been an attack. The bad guy has been shot and is on the ground." Give your name and location. Say nothing else.

When police arrive: "That (point to him) is the bad guy. I will cooperate fully after I've spoken to counsel." DO NOT say you defended yourself. DO NOT in any way state that you shot the aggressor. DO NOT indicate that you own the firearm used to shoot the aggressor.

Call your attorney at first opportunity.

This may get you arrested. You may have to go downtown. You may be questioned. The police in the course of their investigation will treat you like the criminal. They may search your home. They may confiscate all your firearms (and good chance they will be in crap condition when you get them back.) They may question your spouse, children, friends, and other family members. Be ready for this. And KEEP SILENT until after you've spoken to your attorney. Instruct your family members to do the same, well ahead of time.

You may be tried by the district attorney. You may be sued by the family of the aggressor. It will cost you money for defense in either or both cases.

You may experience post-traumatic stress disorder (PTSD). Other physical and psychological disorders may manifest themselves. You will go through a number of emotions such as elation, fear, anger, guilt, alienation, on and on. Your head and heart will be a mess for a while. People (even those close to you who you feel would understand) will act differently towards you after you shot or killed someone.

In other words - once you've squeezed the trigger, things get REALLY EFFED UP FOR YOU, YOUR FAMILY, AND MAYBE SOME CLOSE FRIENDS from that moment on, and will remain so for months or years into your future.

But at least you'll have a future. And your family will have you.

Take note, "mall ninjas" and "keyboard killaz" - this is serious business, for serious-minded people.
 
The way it has been presented to me is a similar refrain to the above.

*YOU* be the first one to call 911. "I have been attacked, there has been a shooting. The assailant is down, the victim is armed. I will stay on the line until an officer arrives. Please make sure the officer knows that the victim is armed."

Do not call the person who attacked you a "victim". If you say there are two "victims", then the assailant isn't presented as the guilty one. If you have pencil/pen and paper, write down your side immediately. While it's still fresh. Stow it deeply in your wallet or somewhere else that they'll open quickly but not look at absolutely everything in it.

If the assailant is down but not dead, provide first aid if they are cooperative. It will look a lot better for you if you aren't just standing there watching your assailant bleed out pointing a gun at him. If the assailant is in good enough health to not be in immediate danger of death, offer first aid. If the assailant is obviously still a 'danger', keep your weapon pointed at him - and make sure the 911 operator is kept fully apprised of what you are doing. "The assailant is injured and disarmed, but I am continuing to keep the assailant covered with my weapon. I will drop my weapon when officers have the assailant covered."

When the officer(s) arrive, comply fully. When they ask questions about your assailant's actions, answer in detail, so their 'badness' is well documented early. When they ask questions about your actions, reply with a simple "I defended myself" or similar, and refuse to go in to detail without a lawyer.

Depending on where you are, complying with some questions early may be enough to prevent you from even being charged with anything. (Texas, for example.) Of course, in some jurisdictions, you will be guaranteed to go on trial to 'prove your innocence'.
 

localgirl

New member
This topic comes up every so often, and this is the video someone posted last time: Dont Talk to Police - YouTube

I just posted this on another forum: I watched it a while back, and until then, always thought that in any situation, shooting or otherwise, of course I would just be cordial and cooperative with police. Wrong.

It's natural for a self-defense shooter to think they are in the right. They were there, after all, and they know what happened. Guess what? The cops don't. They show up on the scene, and you're the guy with the gun, who just killed or seriously injured the guy lying in a pool of his own blood.

Chances are, you will get cops who sympathize with you. But, as the prof in the video talks about, the cops' job is to put someone in jail. So even if things are OK on the scene, they may be expected to provide testimony for the prosecution later.

The real eye-opener for me was the fact that anything, yes ANYTHING you say can be used against you. I always thought that meant you shouldn't say anything damning, but no, it means if you say "I was just on my way to Aunt Tillie's to deliver some cookies," a cop will relate this info to a lawyer, and a lawyer will twist it around to say: 1. The defendant told police he was on his way to visit his Aunt Tillie. Why, then did he make a point of stopping to shoot my poor client? Obviously he was well out of harm's way. 2. The defendant told police he had just made the cookies, yet he was armed. Does the defendant really wear a pistol on his hip while baking in his own home? Just how paranoid is this individual? This, combined with the fact he recently rented several violent revenge films, clearly shows an individual who was looking for an altercation, and was determined to find one no matter what.

That's obviously an extreme and silly example, but you get the idea. When they say anything, they mean anything.

Get a lawyer before you make a statement. If you can't afford one, the state will provide you with one. Chances are you have acted correctly, and you'll only get billed for that hour it takes to consult and write out a report.
 

santa

santa
Having been there and done that say "Officer I feared for my life and I want to consult with my lawyer before saying anything". THEN SHUT UP AND SAY NOTHING! MOST(not all) leo will understand. You will be supercharged on adrenaline and it is very easy to get mixed up. Later after calming down you can get the facts straight WITH YOUR LAWYER. Remember #1 rule is CYA. Cover your #%%.
 

dcselby1

Denny
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?????:fie: 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?
"Council" is (counsel) is another word for lawyer.
 

glockcarry

New member
Head home clean my gun and eat some Cheetos.

Lol j/k this is a great thread I haven't really out much thought into what to do if I have to use my firearm. Thanks to everyone this is very helpful.
 

Phillip Gain

New member
The way it has been presented to me is a similar refrain to the above.

*YOU* be the first one to call 911. "I have been attacked, there has been a shooting. The assailant is down, the victim is armed. I will stay on the line until an officer arrives. Please make sure the officer knows that the victim is armed."

Do not call the person who attacked you a "victim". If you say there are two "victims", then the assailant isn't presented as the guilty one. If you have pencil/pen and paper, write down your side immediately. While it's still fresh. Stow it deeply in your wallet or somewhere else that they'll open quickly but not look at absolutely everything in it.

If the assailant is down but not dead, provide first aid if they are cooperative. It will look a lot better for you if you aren't just standing there watching your assailant bleed out pointing a gun at him. If the assailant is in good enough health to not be in immediate danger of death, offer first aid. If the assailant is obviously still a 'danger', keep your weapon pointed at him - and make sure the 911 operator is kept fully apprised of what you are doing. "The assailant is injured and disarmed, but I am continuing to keep the assailant covered with my weapon. I will drop my weapon when officers have the assailant covered."

When the officer(s) arrive, comply fully. When they ask questions about your assailant's actions, answer in detail, so their 'badness' is well documented early. When they ask questions about your actions, reply with a simple "I defended myself" or similar, and refuse to go in to detail without a lawyer.

Depending on where you are, complying with some questions early may be enough to prevent you from even being charged with anything. (Texas, for example.) Of course, in some jurisdictions, you will be guaranteed to go on trial to 'prove your innocence'.

NO WAY IN HELL should you provide first aid to someone who just tried to kill you. I repeat. NO WAY IN HELL should you provide first aid to someone who just tried to kill you. I don't care if he seems cooperative. I don't care if he's BEGGING for your help. He just tried to take your life and absolutely cannot be trusted.

That had to be written or taught by a touchy-feely liberal attorney. Will it look good for you in court if you provide first aid and are successful? Maybe, but doubtful. A prosecutor (in a criminal trial) or counsel for plaintiff (in the civil suit) can use that to make it look like the bad guy really wasn't that dangerous at all. If you, the defendant, were really in fear for your life...how would you not be too scared to render first aid?

Point being...it could be presented either way in court. But in REAL LIFE, there's a good chance the bad guy is playing possum, has another weapon, is PISSED OFF BECAUSE YOU SHOT HIM, and either wants to continue his crime or get some payback on you. Don't expose yourself to more danger.
 

Curmudgeon

New member
After you are safe:

Call 911. "There has been an attack. The bad guy has been shot and is on the ground." Give your name and location. Say nothing else.

When police arrive: "That (point to him) is the bad guy. I will cooperate fully after I've spoken to counsel." DO NOT say you defended yourself. DO NOT in any way state that you shot the aggressor. DO NOT indicate that you own the firearm used to shoot the aggressor.

Call your attorney at first opportunity.

This may get you arrested. You may have to go downtown. You may be questioned. The police in the course of their investigation will treat you like the criminal. They may search your home. They may confiscate all your firearms (and good chance they will be in crap condition when you get them back.) They may question your spouse, children, friends, and other family members. Be ready for this. And KEEP SILENT until after you've spoken to your attorney. Instruct your family members to do the same, well ahead of time.

You may be tried by the district attorney. You may be sued by the family of the aggressor. It will cost you money for defense in either or both cases.

You may experience post-traumatic stress disorder (PTSD). Other physical and psychological disorders may manifest themselves. You will go through a number of emotions such as elation, fear, anger, guilt, alienation, on and on. Your head and heart will be a mess for a while. People (even those close to you who you feel would understand) will act differently towards you after you shot or killed someone.

In other words - once you've squeezed the trigger, things get REALLY EFFED UP FOR YOU, YOUR FAMILY, AND MAYBE SOME CLOSE FRIENDS from that moment on, and will remain so for months or years into your future.

But at least you'll have a future. And your family will have you.

Take note, "mall ninjas" and "keyboard killaz" - this is serious business, for serious-minded people.



I like this so much I had to quote it for emphasis. It comes closest to the advice I have received from my own attorney. The ONLY thing I (he) would add is to change the statement to... " I will cooperate fully, after I have received medical attention, by a doctor, and after I've spoken to counsel."

I have no idea what effect a massive adrenalin dump will have on me, but I know it won't be pretty. I'm 54. I could have a heart attack, stroke, or who-knows-what-all. This is NO time to be clever. ;)
 

Usa007

New member
Why would they search your home and confiscate your weapons at home that have nothing to do with the weapon you have on the scene?
 

Phillip Gain

New member
Why would they search your home and confiscate your weapons at home that have nothing to do with the weapon you have on the scene?

Because you are, at that point, a murder suspect. You shot someone. They want evidence. They will get a warrant to search your home. And if you are in a state (like Massachusetts) that requires you to have a license to even own firearms, it will be suspended or revoked, and all your firearms at least temporarily confiscated. Good chance they will be taken to a lab, fired, and the ballistics documented to see if they match anything in any OTHER open murder investigations.
 

Lynque

New member
Here is something else to keep in mind, as advised by my son who is an attorney: lying to an LEO or other investigator is 'suicidal,' but an investigator can legally use any ruse or subterfuge, including lying and/or trickery, to get you to talk.

This was and is to me, an outrageous facet of our legal system. If any one thing might keep you from opening your mouth before talking to an attorney, this should be it.
 

retiredman

New member
As for me! --- I will say! -- I was so scared, I don't even remember pulling the trigger. I'm sorry officer I feel real sick and don't even feel like talking.
 

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