Things to Do AFTER a Shooting

[straightshooter1]

Read 776.012, 776.013, 776.031 and 776.032. You can Google them. They are fairly short.

See that you do have immunity IF the use of force fits in the first three statutes I listed.

If not-Whoops!

And, note that 776.032 (2) tells cops they can't arrest you unless they have probable cause to believe you used UNlawful force.

That's the same standard that existed before these statutes. So, you can be arrested, prosecuted, sued, etc. All it takes is probable cause, just like always.

If sued, and you win, you will be awarded Attorneys Fees, costs, etc., however. Of course, collecting the money is another story.

Just be as sure as possible before you shoot.

But, there is good news, depending on where here in Paradise you live.

In right at 37 years as a LEO and Prosecutor I have never seen anyone charged in any reasonably clear cut case of self defense. I have also seen a lot of defendants acquitted in cases where the shooting was probably not quite self defense. I am sure there are exceptions that I may not be aware of.

You don't live in Miami, though, do you?

Bob

 

[Massad Ayoob]

FullMonte:
You nailed it, bro. BIG quack attack.

Lobo:
Kind words appreciated.

Straightshooter1:
Your wise commentary is much appreciated...as is your obvious "Dade County exception."

However, the unmeritorious prosecutions for clean but politically incorrect shootings DID drop hugely after Kathy Fernandez-Rundle took over from Janet Reno. At least Ms. Reno did SOMETHING right, when she picked Fernandez as her successor.

 

[RufusG]

Originally posted by Double-O-Dave:

Originally posted by Maximum1:

Also VERY IMPRTANT is to ask the dispatcher to send medical help THIS WILL CLEARLY DEMONSTRATE <span class="ev_code_BLACK"> apathy[/i</span>for the perpetrator it shows you aren't a CRAZED GUN NUT... <= this will be VERY HELPFUL when the DA reviews your case!

I think the word you are looking for is empathy(to feel sorry for someone), versus apathy (a lack of care or concern.

Regards,

Dave

Actually, if you can demonstrate APATHY towards someone who tried to kill you you're doing a lot better than I would. I would be having a big heapin' of ANTIPATHY. So in that respect the choice of words may not be incorrect.

 

[Guest]

Originally posted by FullMonte: I live in Fla, and my CCL instructor told us the 'castle doctrine' thing means I cannot be arrested or detained in the event of a self defense shooting...

The 'castle doctrine' is very OLD Law but it is also very NEW Law in many areas. Some people read it one way and other people read it a very different way. Someone is dead and all the Rules need to be paid attention to. So Yes, you could end up going to jail if you didn't do things by the Book and of course, everybody reads the Book differently. Then you also have to deal with the Anti-Gunners who are wearing a Badge and the Prosecutors and Judges who don't agree with the Law.

The Bottom Line is pretty simple. Shooting someone is not a cut and dried event and hopefully never will be.

 

[straightshooter1]

I don't know, Mas.

We spent a year down there on the Governor's Appointment trying to fix the mess BOTH Reno and Rundle had made on the murder of your friend, Mark S's wife, Cheryl, the first female police officer killed in line of duty there.

I have never seen anything like it. The cops hate the prosecutors, the prosecutors hate the cops, no one likes the judges and the defense bar hates each other.

I hope never to pass that way again. The stories I heard from Mark S and the cops about frivolous charges made me sick.

Bob

 

[38-44HD45]

Originally posted by straightshooter1:
The cops hate the prosecutors, the prosecutors hate the cops, no one likes the judges and the defense bar hates each other.


Bob

Wow! Sounds like a lovely place!

 

[fiasconva]

You know, just maintaining your composure after having to shoot someone would be a major undertaking. It would be so easy to say the wrong thing. I think maybe just saying nothing until talking to an attorney may be the way to go.

 

[The Big D]

Originally posted by fiasconva:
You know, just maintaining your composure after having to shoot someone would be a major undertaking. It would be so easy to say the wrong thing. I think maybe just saying nothing until talking to an attorney may be the way to go.

That's why it best always to tell the truth; you don't have to remember what you said.

Be safe.

 

[cshoff]

Originally posted by The Big D:

Originally posted by fiasconva:
You know, just maintaining your composure after having to shoot someone would be a major undertaking. It would be so easy to say the wrong thing. I think maybe just saying nothing until talking to an attorney may be the way to go.

That's why it best always to tell the truth; you don't have to remember what you said.

Be safe.

But what is the truth when you are in that frame of mind?

How many times did you fire your weapon, sir? Two you say? Then how do you explain the 6 empty casings laying here which just happens to be the precise amount missing from your magazine? Are you trying to pull a fast one here? Why should I believe anything else you say?


You see, it would be quite easy to be pretty confused immediately after a defensive encounter where you were forced to shoot someone. Reality is, you may not know what the truth is at that moment, even if you did nothing wrong and have nothing to hide. And I believe Mr. Ayoob probably agrees that the time immediately preceeding a defensive shooting is NOT the proper time to be trying to answer a bombardement of questions from a police officer.

For the most part, you have nothing to lose by pointing out witnesses or evidence when Law Enforcement arrives on the scene. It is much better to point out now the fact that the dead perp's accomplice tossed his ball bat in the dumpster as he ran off, than to discover the next day that the police didn't even search the dumpster and the ball bat is now gone forever. Same thing with pointing out a witness now while the witness is still on the scene. No need to give that person a chance to dissapear prior to police getting information from him or her.

Once you have done that, it's time to clam up, call your attorney, and take 24 hours to collect your thoughts. Remember, you have a 5th Amendment right. Use it.

 

[fiasconva]

A lot of what you say is true, Cshoff. But finding a witness willing to testify as well as go to court would be impossible in some areas. Pointing out evidence and the witnesses is a great idea IF you can even think of doing it after a shooting.

 

[cshoff]

Originally posted by fiasconva:
A lot of what you say is true, Cshoff. But finding a witness willing to testify as well as go to court would be impossible in some areas. Pointing out evidence and the witnesses is a great idea IF you can even think of doing it after a shooting.

Yep, I agree. The time immediately following a shooting is a time of a lot of confusion from all accounts I have heard. Keep in mind, a witness can be compelled to testify via supboena if necessary. And at the very least, a witness can provide a statement which may be helpful to you later.

 

[animalmother]

Call your lawyer first. If you don't and think you can just handle it yourself, be prepared to live with the consequences.

 

[Careby]

I would think #1 on the list would be RELOAD. Seriously. There may be more than one of them.

 

[cdr]

1.) Drop the gun.

2.) Sit down and finish dinner.

3.) Take the canoli.