After the Shooting Stops -- NOW What?

[CAPTAIN MIKE]

For some time now, several tactical shooting friends of mine and I have engaged in robust conversations about what happens AFTER a (supposedly righteous) shoot.

It's interesting that so much time is spent in defensive training, practice and competitive events focusing almost exclusively on the "HOW-TO" aspects: i.e. situational awareness, tactical movement, sight picture, slicing the pie, clearing rooms and stairwelss, shooting from cover, etc.'. and various drills -- all pointing towards the practical aspects of before and during the shoot.

This thread is to compare notes on what we all think should happen next in the way of "handling the situation", particularly if the Perpetrator is now lying dead in a pool of blood and potential witness are scurrying away from the scene.

So...from your own perspective....what exactly should be done and in what order? Do you call 911 or do you have someone else do it? Do you leave your weapon where you stand or do you place it back in your holster? Do you collect the names of people who were there as potential witnesses? When the police arrive and prone you out and place you in custody, what should you say, if anything? I'm curious as to how YOU have thought this sequence through.

P.S. Next month's issue of 'Concealed Carry' magazine will have a detailed article on this subject. In the meantime, let's hear your thoughts, suggestions and ideas on this subject.

[Steve Camp]

Some thoughts...

Rule #1 Be honest about what happened, esp. with the Police

Corrollary to Rule #1: Do NOT lie, deceive, or otherwise mislead the Police.

Rule #2 You do NOT have to speak with the Police; nothing compels you to answer their questions.

Rule #3 Consider giving a very brief statement to the Police. Tell them you wish to cooperate with their investigation, but that you really need to speak with your attorney first. Paint yourself as the victim: he attacked me! I thought for sure he was going to kill me! BUT do NOT say that you shot him, even if you did. That will come out soon enough.

Rule #4 Try to identify or memorize witnesses: people, clothing, cars (what kind, color, license plates if you can).

[Goshin]

In most jurisdictions, you will be assumed to be the Bad Guy until proven otherwise: just accept it.

When you hear the sirens, clear your weapon. When you see the blue lights, put it down and take a couple steps away from it. When the police cars pull up, put your hands on top of your head, fingers laced together, palms up, and hold very still.

Cooperate and do whatever they tell you.

The MOST you should say (let me stress the MOST, the ABSOLUTE MAXIMUM!!), is "I was in fear of my life; I want my lawyer."

If you're even slightly hurt, a scratch even, say you want to go to the hospital. If you're upset and your heart is pounding, you're "short of breath and having palpitations" and you want to go to the hospital.

When you are Mirandized...
"You have the right to remain silent" - Use it!!
"You have the right to have an attorney present during any questioning" - Claim that right, verbally and immediately.
Remember that "anything you say can and will be used against you in a court of law" - that is no $#it, believe it.

Don't try to explain yourself or what happened in detail. The odds are good that you will be upset and confused, suffering from post-incident adrenal-stress-letdown. You will invert time sequences and mis-speak things you intended to say.
Your later testimony, when you're calm and have had time to think, will differ from your initial, stress-confused statements, and WILL BE CONSIDERED EVIDENCE THAT YOUR TESTIMONY IS LACKING IN CREDIBILITY!!!!!!!

So shut yer yap and don't try to tell the police what happened, because in 98% of cases they ARE taking you in regardless what you say.

Tell your LAWYER what happened. HE will tell you how to phrase a statement to avoid certain words and phrases that would ruin you in court. Don't talk to anyone else but your attorney - not your mama, not your daddy, not your priest, and definitely not the press!!!

Special note: no matter HOW buddy-buddy the Homicide Detective acts, don't talk to him. He might say "yeah, you did us a favor offing that scumbag, you should get a medal," but DON'T buy it. He is allowed to LIE to you to get you to confess. Bear in mind your shoot can be as rightous as Sunday morning and you can still go down if you say the wrong word.

Repeat it with me:
"I was in fear of my life; I want my lawyer."
"I was in fear of my life; I want my lawyer."

Practice that phrase with the same discipline you practice your drawstroke!

Goshin

[TxCop312]

Hmmm, sound advice.....methinks Goshin knows what he's talking about.

[Ike]

Also have the name of the best defense Attrny in your town and his telephone No always with you or available to your family which you can call first and then they can call the Attrny.
One of the best lawyers will be probably the one that defends the Police Officers in your town when there is a shooting involving an officer.

[Lou Costello]

1. Reload and holster.
2. Leave scene quickly using urban E&E techniques.
3. Dispose of firearm.
4. Call lawyer on cell phone and set up golf date.

[Cold War Scout]

Do not make any significant statements to the police. They are not your friend at that moment. Let an attorney do your talking. This is not being "difficult" for they would probably do the same thing themselves.

[Gabe Suarez]

We discuss that at length in the Three Phases Of A Gunfight Lecture. Lots of non-pc controversial stuff learned from walking the dark path.

[Al Lipscomb]

Gabe mentions his lecture on the after action procedures and I have to agree that what he presents makes good solid sense. Nothing is perfect and our legal system is known for haveing some problems, Gabes system does as much as is possible to keep you on the right side of the line from the start and to prevent things from getting out of hand. It is recomended.

[Kobra]

1. Keep your mouth shut.
2. Get a good lawyer.
3. Keep your mouth shut.

NOTE: Police are not the default good guys.

Kobra