If your involved in a self defense shooting ...

[Whitwabit]

What if your involved in a self defense shooting and your wife is with you .. what should she do when questioned by police .. should she refuse to make a statement till after talking to a lawyer like you should do or should she give a complete statement to the questioning officers ??

Have never heard this asked before and quite frankly I have no idea what the correct response should be .. her giving a statement right away or waiting till after talking to an attorney ..

Does she have the right to with hold a statement till the following days ?? Could she be arrested for not complying with officers request for a statement of what she saw ??

 

[amazingflapjack]

Shhhhhhhhhhhhh!

 

[Sconie]

I always thought that this advice from U.S. Concealed Carry was pretty good----and would apply to not only the shooter, but to the shooter's spouse:

https://www.usconcealedcarry.com/danger-now-first-48-hours-self-defense-shooting/

 

[Wise_A]

Same rules as you. Cooperate, but keep it basic, non-specific, and brief until you can get calmed down and get a lawyer. As in,

"This guy approached and demanded money, he waved a knife around, and threatened us. My husband drew his revolver and shot him, the guy fell down, and then we called the police."

And not,

"This guy came up to us with a knife and said, 'Gimme all your money or I'm going to stab you.' My husband drew his revolver and fired four times."

Specifics get you hung up when you two remember different things--which is natural, and not a sign of deception--and when witnesses mis-remember things and fill in blanks in their memory with imagination (again, entirely natural).

Not cooperating makes you look guilty. Saying too much gets you hung up and makes it look like you're lying.

And certainly not,

"**** off, I know my rights, I want a lawyer."

 

[The Big D]

Oh, dear.

Cannot address conditions in the world in which you live, but in civilized areas TELLING THE TRUTH works.

Be safe.

PS: you make failed presumptions...regularly. e.g. Presuming a shooter is a male or even has a wife.

 

[Muss Muggins]

The right to remain silent applies to those accused of a crime and undergoing a custodial interrogation. Most states have laws regarding the responsibility of a citizen to identify as a witness to a crime. Marital privilege is granted to testimony at trial. Always consult an attorney before speaking with law enforcement if you are at all in doubt of your culpability, but don't be surprised if she spends a night or two in jail at some point if your guilt is in question . . .

 

[ISCS Yoda]

That analysis from USCC is pretty good but it's a little complicated when the adrenaline is pounding. Also, I'm not a proponent of letting others call 911 for you. They'll do it, anyway, but you have no idea what they'll say. There is a world of difference between "Hurry, quick, this guy just got shot at Main and Center Street and the shooter has a gun!" or some other wild statement versus "I was just attacked and I had to use my gun. Please hurry to Center and Main Streets."

Here's the key to that - the 911 operator doesn't need any further information from you. She knows where, she knows why, she knows who (she has your phone number); therefore, she knows what to do. So hang up.

Okay, you can add "send an ambulance" but you do not have to get into a long discussion unless you need an ambulance yourself or some innocent third person needs one, in which case detailing that is useful to save that person.

911 will have more than a few calls; yours should be included and should contain the elements of a request for assistance and the basic statements of self defense.

Just my opinion.

Remember, you DID train for this (hopefully), so act like you know what you're doing.

That is one of the reasons that I think the Texas system is so much better than some others - instead of arguing the political issue of "I have the right to carry a gun so I don't need to take no stinking class" you are asked to spend a few hours enabling you to understand the fundamentals of awareness generally and specifically in re carrying a gun, the fundamentals of self defense and its underlying rules, and how to behave. Very worthwhile.

 

[SMSgt]

No one has to answer anything, the accused or anyone else.

 

[WR Moore]

The Miranda warning isn't required unless you're in a custodial setting and a focus of the investigation. I do believe that you may invoke the right to remain silent at any time.

That said, if you invoke that right as soon as LLEA shows up, you can pretty much expect to spend some time in that custodial setting. This is particularly true if there are others about to provide their version of what happened. This is why you give a simple complaint and then respectfully request to consult an attorney prior to giving a statement.

 

[Laddy Smith]

Lots of differing opinions out there

but I keep coming back to Massad Ayoob's 5 point advice that he's related in class, books, articles, & TV.

I've discussed it with my wife & she's on the same page. Of course she claims that if we are threatened she'll be the first to engage since she's faster

I've linked one such article authored by him that has good examples and background info.

After A Shooting, What To Reveal

 

[Guevera]

Food for thought from this old Internet chestnut: [ame]https://www.youtube.com/watch?v=6wXkI4t7nuc[/ame]

 

[Muss Muggins]

. . . That is one of the reasons that I think the Texas system is so much better than some others - instead of arguing the political issue of "I have the right to carry a gun so I don't need to take no stinking class" you are asked to spend a few hours enabling you to understand the fundamentals of awareness generally and specifically in re carrying a gun, the fundamentals of self defense and its underlying rules, and how to behave. Very worthwhile.

And if you misinterpret those few hours at the time of the shooting, who is better off? The person carrying a firearm because the constitution allows it, or the person who sat in a class and totally missed the point?

 

[Smoke]

This is a distillation of the best advice I’ve heard on this topic over the years.

Getting arrested after a SD incident isn't the big deal, getting convicted is. Here are some things you can do to help protect yourself.

Before A Shooting Occurs
The last thing you want is some huge post count anywhere on the net in which every other post is about how you will have no mercy on BGs. Watch the content of your posts.

When A Shooting Occurs
The best advice I've gotten from these threads is that your hands had better be spotless you had better not have done anything to escalate the situation and it would be best that the local cops not have a half dozen "Man W/ a gun" incident reports on you. Comport yourself accordingly

Post Shooting

Best advice I've heard
1. Call the police

2. Report the Shooting W/out implicating yourself (“There was" not” I did")

3. Do NOT have the gun in you hand when the cops show up

4. Give the cops a victim statement “He attacked me I was forced to shoot"

5. Get checked out by EMS

6. you're pressed for a statement tell the cops that you're really shook up right now & that you'd like some time to confer with your lawyer before making a statement.

Odds are the police will take you into custody. Once you’re in custody make a short “I’m the victim statement” IE “Officer that man tried to kill me, I was forced to shoot in self defense”. Tell them you’d really like EMS to check you out ( I'm told you’ll need it anyway) and that you really want to cooperate but you need time to get your wits about you and you’d like to consult your attorney, then shut up.

If they really try to push you into making a statement get concerned, at that point you really need to calmly and firmly assert your rights. If at any point in the proceedings they Mirandize you, go into full defense mode and do not say another word without your lawyer present.

After you have consulted your lawyer have him prepare a statement and give that to the police. At no time should you agree to an interview of any kind with out your attorney present.

All I can add to this is that I would think that your spouse wouldn't be in the same position as a completely uninvolved witness who saw the whole thing from across the street because they were involved and if you're charged they could be charged as an accomplice. If my wife had to shoot someone and I witnessed it I'd be very careful what I said to the police.

I've had this discussion with my wife and I doubt she'd speak to the police without a lawyer

 

[Maddog 521]

My attorney has a sign posted in his office.

YOU HAVE THE RIGHT TO REMAIN SILENT---USE IT

 

[Wise_A]

Let's say you don't make any statement.

Every scrap of paper lists you as the suspect. The victim is the guy with the new ventilation. Literally, that's the way the form works.

The cops need some information. They need to know important facts about the scene, important pieces of evidence they need to preserve, things that need to be marked and measured and photographed. Shell casings will be kicked around, dropped weapons will get "lost".

There's a mile of difference between not cooperating and talking yourself into prison.

 

[moosedog]

Do not make a statement until you have time to talk to an attorney. After a shooting you will be so geeked up that your liable to say things that can be used against you later in a law suit. Advise your spouse of the same. The police do understand it's not like TV.

 

[Rastoff]

After a shooting your life will be tough. Your spouse is part of that and should be prepared.

There is nothing wrong with making a statement or admitting you've shot someone; that's what happened. Screaming, "I WANT A LAWYER" may be your right, but it doesn't make you look good. Instead, here's what I suggest:

• Police: What happened here?
• You: I want to help you with your investigation, but I'm a little upset right now. I think I'd like to speak with a lawyer before I say any more.

Or something to that effect.

This shows them that you're just a normal guy, not a fanatic.

The two links posted previously are good ones.

 

[redlevel]

Cannot address conditions in the world in which you live, but in civilized areas TELLING THE TRUTH works.

You mean telling the truth like John Filippidis did?

Or maybe I-95 in MD doesn't qualify as a "civilized area."

 

[Muss Muggins]

My employer gave these instructions:

Call 911, render aid if safe to do so, and make the following statement (or words to this effect): "That fella' in the ambulance tried to kill me, and I defended myself. I will provide a written statement upon consulting with my attorney. I have nothing else to say."

Even in my position, we were notified to be prepared to have our firearm seized and to spend some time at the local PD. We have a fairly comprehensive policy about getting a new pistol issued expediently, and it always worked quite well . . .

 

[Longhorn1986]

I'm certain that for more than a few guys here, if they were involved in a self defense shooting and the wife was with them, it was probably the wife that they were defending themselves from!!!