After an SD Shooting, What is "The Complaint?"

[W.E.G.]

Any time you may be the subject of an investigation, you should make no statements to police whatsoever - even about your favorite football team.

Practice saying this, and only this:
"I do not wish to make any statement. I wish to speak with my lawyer right away."

If you say anything else, you will be in error.

 

[Spats McGee]

. . . . to suggest that interested parties contact an experienced, local criminal defense lawyer and find out what he would suggest be done after a self defense shooting.

Good advice, and something that I suggest doing now, BEFORE you find out that you really, well-and-truly need a lawyer.

Any time you may be the subject of an investigation, you should make no statements to police whatsoever - even about your favorite football team.

Practice saying this, and only this:
"I do not wish to make any statement. I wish to speak with my lawyer right away."

If you say anything else, you will be in error.

For reasons I've stated, both earlier in this thread and in others, I disagree.

 

[psyopspec]

@ W.E.G.

Any time you may be the subject of an investigation, you should make no statements to police whatsoever - even about your favorite football team.

Are you planning on not calling 911 after the fact?

 

[Al Thompson]

Any time you may be the subject of an investigation, you should make no statements to police whatsoever - even about your favorite football team.

Practice saying this, and only this:
"I do not wish to make any statement. I wish to speak with my lawyer right away."

If you say anything else, you will be in error.

Interestingly enough, we have several vetted legal folks saying exactly the opposite of what you are saying.

Care to share your legal background and reasons for contradicting them?

 

[ares338]

Unless someone practices what they are going to say religiously after a self defense scenario it would be best to just give your name, you were the victim, point out witnesses and if you know where the bad guys gun or knife or whatever is.

THEN: State politely that you are very upset and will cooperate fully after you are under the advise of a lawyer. Talking leads to more talking and more talking and the police love this. It is not necessarily that the police are out to get you but the prosecutor is always out to get a conviction and you are just as good of a candidate any anyone. Even if you are totally innocent your loose lips can sink your freedom ship.

 

[Frank Ettin]

...it would be best to just give your name, you were the victim, point out witnesses and if you know where the bad guys gun or knife or whatever is.

THEN: State politely that you are very upset and will cooperate fully after you are under the advise of a lawyer....

And that's pretty much what some of us are suggesting. See the thread What to Do after a Self Defense Encounter.

 

[Spats McGee]

Then tell them that you are having chest pains and can they please take you to a hospital.

I'd also like to briefly address this. I think this is fine if, in fact, you (the SD shooter, not specifically you, Matthew Temkin) are having chest pains. I would caution anyone involved in any kind of official police interaction to be honest in what he or she says. As the potential suspect in a criminal investigation, you may not be required to talk to the police, but you need to be honest in whatever you say.

Here's my reasoning: Because of the nature of defending an SD shooting, it's very likely that the SD shooter will have to testify in order to introduce evidence to support the SD claim. That makes the SD shooter subject to cross examination. If you (again, the SD shooter) have made any false statements to the police, that may well cast doubt on everything else you say at trial. A competent lawyer may be able to correct inaccuracies, but outright falsehoods may lead the jury to think you're, well, a big fat liar.

By way of example, consider the following:

Prosecuting Attorney: You told the police that the deceased threatened you, right?
SD Shooter: Yes.
PA: He can't confirm your story, can he?
SDS: No.
PA: You also told the police that he had a knife, didn't you?
SDS: Yes, but . . .
PA: Hang on. You told the police that, right?
SDS: Yes.
PA: Isn't it true that he had a spatula?
SDS: Well, yeah.
PA: So the statement about the knife wasn't true, was it?
SDS: I was wrong, I guess.
PA: Then you told the police that you were having chest pains, right?
SDS: Yes.
PA: And that you wanted to go to the hospital, right?
SDS: Yes.
PA: Were you having chest pains?
SDS: Umm, well. . .
PA: By the way, I have the doctor here to testify.
SDS: No, I wasn't having chest pains. I was just scared.
PA: So let me get this straight. Your statement that the defendant having a knife wasn't true, was it?
SDS: No, sir.
PA: Your statement about having chest pains wasn't true, was it?
SDS: No, sir.
PA: So what other lies did you tell to the police that night?
SDS: None.
PA: Why should the jury believe you?

As you can see, this begins to look really bad for the SD Shooter, even if the deceased really did threaten him, and had a spatula which was mistaken for a knife.

 

[Frank Ettin]

....tell them that you are having chest pains and can they please take you to a hospital....

Missed that one, and an extraordinarily bad idea (unless you actually do need medical attention).

Unless it's true, you would be lying. and lying will always be used against you. It establishes doubt as to your credibility. Once you are caught in a lie, you are a liar; and people, including people who you very much need to believe your story about your having to defend yourself, will doubt everything you say.

You may think you won't get caught, and maybe you won't. But that's a different question. And liars frequently get found out.



In addition, you have now called for an ambulance you really don't need. Depending on the availability of emergency medical services in your community, you have taken an ambulance out of service and perhaps delayed response to someone who really is gravely sick or injured and really needs one. 



You're also now using space and resources in an ER -- space and resources you really don't need. You may be thereby delaying care to someone who really is sick or injured. 

And are you going to file an insurance claim for emergency medical services, which you knew you really didn't need? That's insurance fraud and grand larceny.



So when all that is discovered, you now become a callous, lying monster wasting limited emergency medical resources so you can duck talking with police (when you merely have to invoke your right to remain silent) and delaying the availability of those services for people who may really need them. You also expect your medical insurance to pay for your little ruse, even though they have no responsibility to pay for unnecessary service used for the purpose of temporarily evading police questioning; and thus you are stealing from your medical insurance. 



But nonetheless you will expect the police, the DA, the grand jury and possibly a trial jury to believe your claim that you were an innocent victim forced by the criminal act of another to use violence as a last resort to save your life?
 Good luck.

Whatever else, don't lie (and don't run).