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Immediate Aftermath of Self Defense Shooting

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2.7K views 8 replies 7 participants last post by  SgtBooker44  
#1 ·
I posted this at the tail end of the sticky, where nobody could see it. Here it is in it's own thread. What do you all think? Especially cops or people with firsthand(or secondhand) experiences.
In reality, what will happen to you and your family immediately after a SD shooting? Dead BG on floor, weapon clearly in BG's hand, door clearly broken down.... For instance, will they take your gun? What about other guns you have inside the home? Where do your wife and kids go at 2AM, assuming that you end up getting questioned at the police station? Will you ever get your gun back, the one you used? Will they "toss" your home, search it for everything/anything? I'm just wondering what would happen in reality, it seems like using deadly force against an attacker is going to earn you a lifetime of litigation and bankruptcy.
 
#2 ·
I'm not an expert, but I suspect that the answer is that there's a wide range of possible scenarios. (1) You could get your own ticker-tape parade down Main St. and your picture in the local paper. (2) You might very well be treated as a criminal yourself. I live in NY...runner-up in the 'Worst State in which to Own a Gun Contest', behind the PR of Kalifornia. DA's around here salivate over the opportunity to prosecute gun cases, never mind that you were defending yourself and your family inside your own home. They'll move heaven and earth to try and pin something on you.

On the other hand, if you're in Texas the DA will shake your hand, spit on the corpse, and thank you for saving the taxpayers money on the trial for whatever future crimes the dead scumbag would have committed.

If your state has a Castle Doctrine...aka 'Stand your Ground Law', you're probably OK, but there will still be an investigation. As long as you're cleared of any criminal charges, I believe many of those states also prohibit future civil litigation against you.
 
#4 ·
Depends on the DA and depends on the SD laws in your state, county, town parish w/e. You will be questioned by the police no doubt. After they take your statement they may want the firearm used to confirm for ballistics/autopsy. Some state's SD laws make the person who defended themselves prove that they acted in self-defense whereas others have to prove that they didn't act in self-defense. THis of course is only IF the district attorney files charges against the SD shooter. In most cases no charges are filed, it is the few that do bring charges that we hear about in the news. When charges are brought against you you better hope that it was a white man that broke in and threatened your family. The prosecution will stack a jury that is sensitive and you will be painted as a racist if it is anything other than.

In any event, remember that if your ever in the situation you must absolutely say, "I was in fear of my life and had no other option than to defend myself, I couldn't get away from the man and I demanded that he leave." When that gets written in the police report there isn't much that the DA can do unless of course you empty a mag in the persons back. Other than that, don't say anything until you have a lawyer present.
 
#5 · (Edited)
If you make any statement about the shooting, do not apologize or hedge. You know that you shot that person and you meant to kill him because he was a threat to you and your family. Act remosefull or like it was an accident and your homeowners insurance will be sued and you along with it for accidental death. They do not cover it if you shot the poor rapist/fill in the blank/ on purpose. Therefore you are less likely to be sued, blood out of a turnip.
 
#6 ·
I was taught that if at all possible call 911 as soon as you know you are in trouble. That way there is a recording of what went down. If you do end up using lethal force, don't say anything until you have had a chance to calm down. Ask the PD on scene if you can sit in the back of the cruiser, ask for some water. You will need time for the adrenalin to wear off so that you can recall the events accurately. This is advice from Massad Ayoob. Also if you do wind up defending yourself in court, you can contact the NRA and the Lethal Force Institute for assistance.
 
#7 ·
This is where and when you need to:

1. Have a plan in place to use when trouble hits or,

2. Have really good personal connections. I kid you not.


Long before trouble kicks in your door, you should have a plan of operation in place for you and the family to follow in an emergency. This plan should cover everything that you think you may need to know and do. It should be done and written in a step-by-step fashion. For example:

1. Shoot the bad guy to stop him from killing me and/or other family members.
2. Have the attorney of your choice on speed dial and call him immediately after the action is over.
3. Listen to what your attorney tells you to do. Do NOT deviate from his counsel.
4. Contact the police as advised by your attorney as to when and how to do so.
5. Let your attorney do your talking for you.
6. Etc. Etc. Etc.

OR

1. Call your relative (brother, son, father, etc.), close friend, etc. who is a local cop, district attorney or highly placed politician and let him call in the help you need for this crisis. Use your relative's position, influence or smarts to your advantage. Act distraught so that your relative can help you out.

2. Be very, very careful on which relative you choose to use for your advantage. Don't use the family dolt who just happened to get elected to a public position out of dumb luck.
 
#9 ·
Some folks have mentioned what to say after a SD situation. They mean well. Your first statement to the first arriving officer should be. "Here is my identification and I will be happy to speak to you, after my attorney gets here". SAY NO MORE!!! let me repeat that SAY NO MORE!!!