What to do if a self defense shooting takes place.

[internet troll]

This has probably been discussed before, but is a good topic for newer people to the site like myself to think about. I don't think it has been discussed in my time here and do not want raise a necro thread from the dead.

I took a Utah class last week. One of the things the instructor went over was ideas of what to do if you shoot someone in self defense. He mentioned that you want to have the number of a lawyer ready just in case. He also mentioned certain things to do which make sense.

1. Try to be the one to call the police if possible.
2. Don't put the gun down or relinquesh control of the gun until the police arrive.
3. When calling the police be careful not to incriminate yourself..... instead of saying "I shot someone" say "someone has been shot".
4. Don't talk to the cops, lawyer up. Say, I will be happy to cooperate once I have talked to my attorney.

He also gave some other advice.

My question is.... what to do once the police arrive. If you are holding the gun or have it holstered and they ask..... "is that the gun that was used to shoot the criminal" what do you say? How do you maintain your silence until speaking with an attorney without interfering in their investigation at this point.

Will saying yes, plus the statement the officer made be tantamount to talking to the cops without a lawyer? I would imagine the statement they would write down would be something along the lines of "when asked if his gun was the one used in the shooting he said yes" Is this the type of thing you want to say without a lawyer present?

Not sure if I am overthinking this, hopefully non of us will ever be in this situation. But figure it can't hurt to prepare for the worst..... after all that's why most of us carry in the first place. It's probably not a situation where you want to look back and say "if I had just thought about it ahead of time I would have done this differently".

Any thoughts on the question above or other constructive advice of what to do in this situation?

Thanks.

[IronSight]

This has probably been discussed before, but is a good topic for newer people to the site like myself to think about. I don't think it has been discussed in my time here and do not want raise a necro thread from the dead.

I took a Utah class last week. One of the things the instructor went over was ideas of what to do if you shoot someone in self defense. He mentioned that you want to have the number of a lawyer ready just in case. He also mentioned certain things to do which make sense.

1. Try to be the one to call the police if possible.

Well that will make it easier for the DA to charge you if he wishes.

2. Don't put the gun down or relinquesh control of the gun until the police arrive.
3. When calling the police be careful not to incriminate yourself..... instead of saying "I shot someone" say "someone has been shot".

So you should hold onto the gun until the police show up, but not say you were the shooter on the phone call. Uh huh, because it's going to be so difficult for the DA to get you on that one.

4. Don't talk to the cops, lawyer up. Say, I will be happy to cooperate once I have talked to my attorney.

Well calling 911 and hanging onto the gun will leave them in the best position to arrest you immediately, that's for sure. I don't see any reason why, in said circumstance, they would need you to talk to slap the cuffs on and arrest you.

He also gave some other advice.

My question is.... what to do once the police arrive. If you are holding the gun or have it holstered and they ask..... "is that the gun that was used to shoot the criminal" what do you say? How do you maintain your silence until speaking with an attorney without interfering in their investigation at this point.

Will saying yes, plus the statement the officer made be tantamount to talking to the cops without a lawyer? I would imagine the statement they would write down would be something along the lines of "when asked if his gun was the one used in the shooting he said yes" Is this the type of thing you want to say without a lawyer present?

Not sure if I am overthinking this, hopefully non of us will ever be in this situation. But figure it can't hurt to prepare for the worst..... after all that's why most of us carry in the first place. It's probably not a situation where you want to look back and say "if I had just thought about it ahead of time I would have done this differently".

Any thoughts on the question above or other constructive advice of what to do in this situation?

Thanks.

I'm wonder about what "other advice" he gave. It should be noted that self-defense situations are as varied as can be and no one set of advice will cover all situations.

Based on his points above though I'd also be questioning how to handle his version of an ideal response to the situation. It all strikes me as odd, but granted I wasn't there to catch any more detail on his points.

[scruff]

Here's a good video by Massad Ayoob. There's several things you want to say to the police. One is to establish that you're the victim, not the other guy. Another is to point out physical evidence and witnesses, so they're not lost.

[kadar]

Get a pencil and paper and write everything down as soon as you can. Your brain, especially in a stressful situation, can and will have you forget things.

[Metz]

1. Try to be the one to call the police if possible.

Helps in most of the cases. Unless you have intentions NOT to report the incident and have the whole county forces on your tail.

3. When calling the police be careful not to incriminate yourself..... instead of saying "I shot someone" say "someone has been shot".

911: 911 operator!
Me: Hi, my name is Internet Troll and I just got assaulted...
911: Internet Troll? Really? You sound awfully like Peggy.

Paint yourself as victim with your very first words.

4. Don't talk to the cops, lawyer up. Say, I will be happy to cooperate once I have talked to my attorney.

Many (if not most) cops are assholes and just aching to throw someone in jail. You are not cooperating and don't submit - asshole! Go to jail, bad boy! Lawyer up? invoke 5th? So I guess you have something to hide, bad boy!

A legitimate stall tactics that I've heard of was a stress. "Sorry officer, this whole experience is just too much, I can not even think straight and my hands are shaking. I need some time to digest what just happened..."

How much time? Well, until your lawyer arrives.

IANAL.

[Grizz2720]

I feared for my life and had to defend myself! That is what the LEO's need to know.

[Cherokee60]

Either way you look at it, the cops are gonna suspect you of wrongdoing, even if it's clear you are the victim. Scary prospect in any situation.

I have a friend in NC who had to defend himself last year. Guy shooting at him, he returned fire AFTER retreating and still being chased. Killed the guy, was arrested, charges eventually dropped, got his property back, expunged his record, et al. Cost him a small fortune to "dig himself out", but far better than dying.

The friend, by the way, is (and was at the time) a federal corrections officer with military LEO experience and a perfect personal record.

It's a good example of why I say: talk away, walk away, run away before you respond with fire.

[internet troll]

Getting some good thoughts here.

[bac0nfat]

Use the fifth amendment for what it's worth. Remember you have the option to leave the scene completely. But I wouldn't suggest that if there are any witnesses, or other evidence left behind that could be traced back to you.

If I defend myself in a dark alley in the city, and there is nobody around to see the shooting and/or follow me to get a license plate number, I'm getting the hell out of there and not telling anyone.

If you choose to stay around, call your lawyer FIRST, and have your lawyer call 911 to report the incident. Don't say ANYTHING to the police, unless you want to be polite you can say, "I don't want to make any statements until I talk to my lawyer."

[RobW]

Bro, affirmative defense and admission of guilt. Now YOU have to prove the shooting was justified if the DA charges you. You have already admitted (confessed, IOW) that you shot someone to the arresting officers.

IMHO, say nothing. The LEO's do not "need to know" anything. LEO's may arrest you, but they don't charge you. Do nothing illegal, but do not convict yourself. Lawyer up as necessary.

I feared for my life and had to defend myself! That is what the LEO's need to know.