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November 28th, 2008, 11:48 PM #1Active Member
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After a shooting what to Reveal- thoughts on this article??
This article by Massad Ayoob is in the current issue (Feb 2009) of Combat Handguns magazine Self-Defense & the Law column. http://www.tactical-life.com/online/...hat-to-reveal/
It discussed how saying the wrong thing or saying nothing can hang you in court and the need to find the right balance on what to say after a shooting. The article used 8 cases and their outcomes as examples. It ended with Massad advising to use 5 bare bones statements to make:
1. "This man attacked me"
2. "I will sign the complaint"
3. Point out the evidence
4. Point out any witnesses
5. "Officer, you'll have my full cooperation after I've spoken with councel."
I know reading a lot of other discussions on here there is a lot of advice recommending to say nothing until you have had a chance to talk to counsel. There was another article in this issue which supported these 5 statements as a way to talk with the officers and establish yourself as the victim instead of remaining silent and possibly be considered the perpetrator.
I was just wondering what others thought about Massad's advice?
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November 29th, 2008, 04:52 PM #2
Re: After a shooting what to Reveal- thoughts on this article??
IANAL, but it seems solid advice. Massad definatley has seen the ugly side of a few shooting trials.
The main importance is to keep from stating false details about what happened. Direction of travel for you or the BG, shots fired, BG's weapon, etc. If incorrectly stated, it can be used against you to prove you were not fully aware of the situation.
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November 29th, 2008, 05:05 PM #3
Re: After a shooting what to Reveal- thoughts on this article??
Anyone remember Bernhardt Goetz? Man would almost certainly have walked, because a jury would not have convicted him. But he let the adrenaline following the shooting get to him, he flapped his gums, and went to jail.
If you find yourself in a shooting, you WILL be pumped up. You WILL be feeling exhilirated after having won a life and death battle. You WILL (regardless of gender) be feeling your testosterone, and if you talk, you are liable to say things you don't really feel, and will regret later.
The cops don't know who you are, they don't know who the bad guy is, and if you start telling them how glad you are that you popped the asshole and how much you'd like to go do it again, they WON'T think you are the good guy. Identify yourself, stake your claim that you had to defend yourself, tell them you want a lawyer before you make a statement, then STFU. By the time the cops get around to questioning you, you will be in a more normal state of mind, they likely have been able to establish through investigation who you are and that the shooting was self defense or defense of others (hopefully it's a fairly clear cut situation, not a bar fight or something,) and with a little luck they will be leaning toward you as being the good guy."Never give up, never surrender!" Commander Peter Quincy Taggart
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