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  #31 (permalink)  
Old November 15th, 2007
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Default Re: What to do after a shooting

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Originally Posted by Nate View Post
Ok, take your guns to the sheriffs office and tell the chief of police that you are too damn stupid to own guns, knifes, forks and sticks!!!

Good grief man, that mentality is responsible for so many irrational fears of guns. People like you are why our second amendment is under attack like it is.
I ditto that! Its people like like that make places like New York etc... such dangerous places to live in...
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  #32 (permalink)  
Old November 15th, 2007
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Default Re: What to do after a shooting

This will be a life changing expierence and may have an adverse effect on
you at that moment both physically and mentally. I would request that you seek medical attention from a licensed physcian, family doctor. It will give you time
to sort things out and prevent any statement you may give to the police to
be held against you. While there, Then call your attorney. Doctor-Paitent
Confidentiality, and of course Attorney-Client Privilege.
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  #33 (permalink)  
Old November 15th, 2007
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Default Re: What to do after a shooting

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Default Re: What to do after a shooting
I found this a long time ago on another forum, but I can't remember exactly.

1. Remain at the scene and await the arrival of the police. Do not be in a threatening posture when they arrive. Do not have a gun in your hand. Think about how you would look to a responding officer. If you think you would look like a threat, it is logical to think that they will see you the same way.

2. Do not try and change the physical evidence at the scene. Trying to place a gun in the hands of an unarmed suspect will only get you into greater trouble. The level of forensic science in this new century will uncover such an unsophisticated attempt to alter evidence. The courts and a jury of your peers will be more understanding of an individual who killed in error, out of fear or panic, than a person who tries to tamper with evidence to make him or herself look innocent. Trying to make yourself look innocent just makes you look guilty. There is also a strong possibility that your assailant may have a previous history of conviction for violent crimes that will be in your favor even if you were mistaken about him being armed. Planting a weapon will serious negate this.

3. Do not say anything. The police may say that they need your statement to proceed with their investigation, but this is not true. Homicides are investigated every day with the most important witness being deceased. It is best to make a short statement such as, "He tried to kill me, and I had to shoot.” Then ask for a lawyer. There is nothing wrong with heading the police in the right direction, but don't say anything you are likely to regret. You have the right to remain silent and not incriminate yourself. Use it!

4. Ask for a lawyer. This is your right. Find a lawyer who understands the dynamics of use of force cases. Find out who the police in your area use and have his or her card on hand. You can do this by contacting the FOP or other police union in your area and ask who they use to defend their membership. Even if you are totally in the right, you will need to talk to a lawyer if for nothing else, to get your facts straight after the incident. You must remember that you will be coming down after an extreme adrenaline rush and will not be thinking clearly. Talking with a lawyer will help you get your story straight, as well as compose yourself, before you give the police an official statement. Remember that the police want the facts! It makes their investigation easier to pursue. By saying things that did not happen, even in error due to post incident stress will make their job much more difficult as it may send them in a wrong direction. They want you to be clear about what happened, as it will save them time. Get your facts straight before you make a statement. You may amend what you say later, but you will never totally change it. Take it slow and be smart, you won't regret it!


Good post dude.......

Last edited by Roscoe; November 15th, 2007 at 08:46 PM.
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  #34 (permalink)  
Old November 15th, 2007
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Default Re: What to do after a shooting

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Originally Posted by LittleRedToyota View Post

i do have a question for rule or anyone else regarding tactical considerations. if the guy is still concious and has a gun and it is lying within arm's reach of him. do you do anything to separate the gun from him? or do you just keep him covered and shoot him again if he reaches for it? or something else? (this is assuming you cannot take cover yourself...big open space or something).
Keep your distance, keep him covered, shoot again if he resumes aggressive behavior.
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  #35 (permalink)  
Old November 15th, 2007
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Default Re: What to do after a shooting

I wouldn't do anything that made me have to let my guard down. You never know who just saw you shoot their brother, or bestfriend and now wants to kill you.
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Old November 16th, 2007
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Default Re: What to do after a shooting

I forgot, one more thing, PRAY!
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Old November 16th, 2007
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Default Re: What to do after a shooting

In light of expensive legal fees, does one need a lawyer to deal with a justified shooting? I hear often in criminal investigations that the DA or whoever is "not expected to press charges." Well wouldnt this mean you could just say "that guy tried to kill me, I killed him in turn."? I don't think I want to pay someone to prove I am innocent especially if it is very obvious. I suppose if it was less obvious that it was justified I would.

Also, if I have the right to say little or nothing to police....do I then need a lawyer, can I wait to see if they press charges? Some people only have enough money to buy the guns...
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  #38 (permalink)  
Old November 16th, 2007
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Default Re: What to do after a shooting

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Originally Posted by jh664322 View Post
I killed him
never, ever say that...under any circumstances.

if, for some reason, you feel absolutely compelled to describe your actions, say something like "i shot him to stop him from killing me" (note the word "shot"...if you use the word "killed" a DA may well say that indicated your intent. he will say you actually wanted to kill the guy, not just defend yourself, and, therefore, you are guilty of murder or some such thing.)

but, really, never say anything (other than "i was in fear for my life") to the police without a lawyer. anything you say can, and will, be taken out of context, twisted, and used against you.

if you don't say anything and don't get charged, you might not need a lawyer. but, the police are very good at getting people to say things, so be very careful.

there have never been less true words spoken than "if you did nothing wrong, you have nothing to fear"...it seriously ranks right up there with "the world is flat".

just my (non-lawyer) 2 cents.
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  #39 (permalink)  
Old November 16th, 2007
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Default Re: What to do after a shooting

Quote:
Originally Posted by jh664322 View Post
In light of expensive legal fees, does one need a lawyer to deal with a justified shooting? I hear often in criminal investigations that the DA or whoever is "not expected to press charges." Well wouldnt this mean you could just say "that guy tried to kill me, I killed him in turn."? I don't think I want to pay someone to prove I am innocent especially if it is very obvious. I suppose if it was less obvious that it was justified I would.

Also, if I have the right to say little or nothing to police....do I then need a lawyer, can I wait to see if they press charges? Some people only have enough money to buy the guns...
Yes, you always need a lawyer. There are too many pitfalls otherwise.

And you need a lawyer who is experienced in defending innocent people, particularly in cases where justification is the basis for your defense -- not one who is experienced (or famous for) successfully defending the guilty. The defense of a justified case is radically different from the defense of a case where the guy is really guilty of something.

Mortgage, borrow, sell your guns, max your credit cards, get a payment plan, hit up your family for cash -- do whatever you have to do to get a good lawyer. Spending the rest of your life in jail isn't worth the $50k you'll save in lawyers fees (if it goes to trial).
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In plain English, while I am an attorney, I'm NOT your attorney, and I'm NOT giving you legal advice.
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  #40 (permalink)  
Old November 16th, 2007
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Talking Re: What to do after a shooting

I just carry a pack Of mentos on me, when the cops show up, just pop one in and the cops are like, OOOOO HAHAHA OOO YOU! and let you go free, works everytime. =P
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