What do we do in a sd situation?

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Bruno2

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I hear all kinds of different senarios about hd shootings across the country . I am starting to think that if I shoot someone in sd that when the LEO's show up I should decline to answer any questions w/o my attorney being present . I have heard of ccw instructors advising people in their classes when calling 911 after a sd shooting to inform the operator that a person was shot in self defense give the address and then immediately hang up the phone so you dont give any incriminating details on a recorded conversation .

The thread going about the criminal being shot in the buttocks possibly outside the home . Someone posted "I hope the criminal goes to jail " . I do too , but , when he gets there every crook in the place is going to be advising him about the civil lawsuit he has a very good chance of winning and I guarantee the homeowners ins. co will settle out with him right off the bat .

Is it possible to wait for a lawyer before your side gets told or would that be considered obstruction of justice ?
 
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From Ayoob: Be the first to call 911; when the police arrive point out the assailant and identify him as such; identify yourself as the victim and state that you will sign the complaint; point out witnesses and evidence; and state that you will provide your full cooperation in 24 hours, after conferring with counsel.

From an NRA - provided attorney: "call police at your first practical opportunity; when police arrive, tell them just enough so that they understand whom you are and what role you played; otherwise, politely insist that your lawyer be personally present before answering questions, and thereafter; exercise your right to remain silent."


http://www.thefiringline.com/forums/showpost.php?p=3689556&postcount=1
 
Is it possible to wait for a lawyer before your side gets told or would that be considered obstruction of justice ?

Absolutely not "obstruction of justice".

Most people recommend something along the lines of " I need medical attention, I'm not sure I am OK. I'd be happy to speak with you later".

Then shut up. You very well may need medical attention. After they check you out, call a lawyer.
 
It would be unwise to make any statements to police regarding the incident until you have received medical attention, calmed down, and spoken to an attorney.

Obstruction of justice is when you knowingly interfere with an investigation by providing false information.
 
Obstruction of justice is when you knowingly interfere with an investigation by providing false information.

Bingo. You have absolutely no obligation to talk to the police, other than the generic name, rank & serial number. The police may try to convince you otherwise, but that's because if you clam up, it makes their job harder and they generally don't like that.

As others have said - call the police, hang up the phone. When the cops get there, they should be told the following:

I was attacked.
I was forced to defend myself.
That's the guy(s) right there.
I want him arrested.
I'm not sure I'm ok, can you call me an ambulance.
I will be happy to talk to you once my lawyer is present.

The parts in bold are especially important - by asking for him to be arrested, you're further asserting that you were the victim, and he the aggressor. This will go into the officer's write-up of the incident, and if (when) the situation is brought ot court, the jury will hear:

"After Mr. X's call, we arrived on scene and he promptly pointed out (the body of the scumbag) and asked us to arrest him. He then requested we call him an ambulance, because he thought he had been injured in the attack."

That's big, and potentially the difference between a conviction and not guilty.
 
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Good thread. With regard to legal representation, is there a list of attorney's that specialize in this type of case? NRA? How do you find a good attorney for such a case?

I am thinking it would be nice to have that type of information prior to any event that may require representation.

Thanks
 
KD - I'm sure the NRA could help, but you could also contact some of your local grassroots groups. Seeing as how you're from TX, you might want to contact the TSRA and ask them if they could recommend anyone local.
 
From Ayoob: Be the first to call 911; when the police arrive point out the assailant and identify him as such; identify yourself as the victim and state that you will sign the complaint; point out witnesses and evidence; and state that you will provide your full cooperation in 24 hours, after conferring with counsel.
While I agree GENERALLY with Ayoob's recommendations, I think that he's asking a rattled person who just shot somebody to give the Gettysburg address. I question whether I could give his spiel. I KNOW my mother couldn't. Halfway through it, she'd probably inadvertently confess to the assassination of JFK.

Ayoob makes his living as a public speaker. I think that when he created that script, he forgot that most of us don't.

I'd stick with, "I felt in fear for my life and acted to defend myself. I won't have anything else to say without my attorney present."
 
...I think that he's asking a rattled person who just shot somebody to give the Gettysburg address. I question whether I could give his spiel. ...he created that script,...
First, it is, indeed, a script. And like any script, it can be learned. If it is learned, it will be easy to fall back on under pressure. That's the point. Learn the script so you don't have to think about it.

It's a very simple script:

  1. That person attacked me.
  2. I will sign a complaint.
  3. There is evidence (pointing to evidence).
  4. There are witnesses (pointing to witnesses).
  5. I won't say anything more now. You'll have my full cooperation in 24 hours after I've talked with my lawyer.
If someone learns that now, he'll be able to say it under stress.
 
It's a very simple script
Not simple enough. A lot of people would turn it into utter gibberish... if they didn't make some kind of inadvertent incriminating statement instead.

People constantly talk about avoiding actions in a self-defense situation which require fine motor skills. That script is the verbal equivalent of fine engraving... done on rusty Japanese handgrenades. Saying NOTHING has FAR fewer dire consequences than saying the WRONG thing.

The immediate aftermath of a self-defense shooting is no place to try your imitation of Marlon Brando's Marc Antony from "Julius Caesar". Misspeak and run the risk of "burying" YOURSELF.
 
Think I'll try to follow Massad's attorney-endorsed advice, should the need ever materialize.

What happens at that point can have a lot to do with the officers' report and could prove very important. More importantly, perhaps, it could keep me from a situation in which crucial evidence and crucial witnesses are not available to me when needed.
 
Dibs on book & movie rights. we'll make a killing...er...so to speak:cool:

Seriously, the KISS approach to almost anything is best -

Keep
It
Simple,
Stupid

Q

Seriously, the KISS approach to almost anything is best -

Keep
It
Simple,
Stupid

That is TOO involved. How could ANYONE keep that strait?


BTW that is a JOKE
 
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Absolutely shut up. Point out witnesses and evidence, asking for medical help certainly can't hurt, shut up.

A couple of things, remember that the first one to call the police is the victim. Make sure it's you and not someone else. Also, get a consultation with an attorney who specializes in criminal trials, (better yet, one who is a strong advocate of gun rights AND is a criminal attorney,) and discuss with him in advance how he wants you to contact him, and possible how you will PAY him. (You need insurance with umbrella liability coverage.) The "I want to talk to my attorney" line is a lot more convincing when you actually HAVE one, and you're not waiting for whatever ambulance-chasing shyster is on the rotation that night for pro-bono public defender lottery.
 
Hello friends and neighbors /\ I think you should make 2 calls.

#1) Call 911 - Keep it short---My name is---I've been attacked ----Give description of attacker--- I need help ---I'm at ..give address. Don't elaborate.

I would ask responding officer to press charges/ have assailant arrested before assailant asks them to charge you. There is no second place here.

#2) I think you will be too busy/ involved to get much phone time. Call someone prearranged to help handle all emergency situations. //\\Child gets hurt you call this person second (after 911) they call anyone needed./\ You need lawyer this person makes call or finds one . /\ Problem at house while you are away this person calls you.

Perhaps a different person for different problems. /\ I have a mechanic friend , one of the woman in my family is a judge, another is a nurse.

I would choose not to rehearse something . Just remember to hush up whenever I want to explain or defend my actions.

"Anything you say can and will be used against you". Is more important at these moments then "Innocent until proven guilty."

Just MHO /// hope none of us ever have to find out
 
I have long recommended that anyone who carries a gun have the name of a friendly lawyer and preferably have him on retainer. In a home defense shooting (assuming the shooter is the home owner or legitimate resident), the shooter might not be arrested, but in a street shooting he almost certainly will be. Once arrested, the person may be allowed to make phone calls, but may have already been searched and his wallet, notebook and DPA taken from him, so the lawyer's telephone number should be memorized.

Jim
 
I would like for everyone reading this to know about 911 operators . Their job is to collect evidence . They are trained to keep you on the phone and ask you all kinds of questions . When a 911 call is made state the necessities and get off the phone . The operator will tell you to stay on the phone , but , you dont have to . No matter if they order you , demand , beg , plead hang up . I was reading and listening to some of the details of the Joe Horn case and I heard the actual 911 call . They told him not to go outside 15 or 16 times and they used it against him in court . People are not in their right mind in a situation like this and even though everybody (meaning the DA, LEO, Judges ) knows this they probably will still try and find a reason to prosecute and convict . I guess it is for the better , but , years ago things were a lot more simple . The illegal aliens in the Horn case were endangering people's lives and financialy hurting people , however , it seems like in a situation like this the law would rather have put them in jail for a few years and turned them loose on the streets to continue criminal enterprise than have them dealt with in a manner that will keep them from doing it again .
 
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I would like for everyone reading this to know about 911 operators . Their job is to collect evidence .

I don't think so. Their job is to obtain enough information to effect the timely deployment of help--medical emergency personnel, firefighters, other rescuers, and/or police officers, depending upon the nature of the emergency.

They are trained to keep you on the phone and ask you all kinds of questions .

Obviously. How else would they know how many ambulances to send, how to advise police officers or fire fighters where trapped people, or people under attack, may be located, or whether home invaders are inside on the first floor, on the back porch, coming up the stairs, etc., and how those things evolve as the situation unfolds?

When a 911 call is made state the necessities and get off the phone . The operator will tell you to stay on the phone , but , you dont have to . No matter if they order you , demand , beg , plead hang up .

I have yet to hear a convincing argument in support of that advice. For one thing, I would like to hear them tell me when the police are arriving, or if the police need to know it, where I am and what I look like. For another, I would like to be able to tell them timely if a car containing other perps is escaping, and in what direction.

I think I'll stay on the phone.

I was reading and listening to some of the details of the Joe Horn case and I heard the actual 911 call . They told him not to go outside 15 or 16 times and they used it against him in court .

Playing the recording in court does not mean that what a 911 operator told Horn was or could have been "used against him".

By the way, telling him to not go outside was pretty good advice.

People are not in their right mind in a situation like this and even though everybody (meaning the DA, LEO, Judges ) knows this they probably will still try and find a reason to prosecute and convict .

When one commits homicide, he or she is going to be investigated, and if and only if there is sufficient evidence that the otherwise criminal act was justifiable under the law (or completely accidental, and not the result of either negligence or an intentional act) will the authorities not have a reason to prosecute and convict. Of course, they may proceed anyway, and it will then be up to the defendant to produce convincing evidence of justifiability.

In Horn's case, a law enforcement officer who had witnessed the shooting testified that the people he shot had attacked him. Absent that, he would likely have been convicted.

I guess it is for the better , but , years ago things were a lot more simple .

How so? The "castle doctrine" now in effect in many states reduces the burden of proof on the defendant in the event of a home invasion, but the basic laws involving self defense have been in place for centuries.

The illegal aliens in the Horn case were endangering people's lives and financialy hurting people , however , it seems like in a situation like this the law would rather have put them in jail for a few years and turned them loose on the streets to continue criminal enterprise than have them dealt with in a manner that will keep them from doing it again .

Different issue. The state has not given the power to citizens to judge and execute sentence upon people, nor should it, nor will it.
 
I was reading and listening to some of the details of the Joe Horn case and I heard the actual 911 call . They told him not to go outside 15 or 16 times and they used it against him in court .

We don't know what was used against him "in court". Mr Horn never had a public trial. He was no billed by a Grand Jury and that testimony is not public record.

We have no idea what caused the Grand Jury to decide on a no bill. It might have been the cop that saw the whole thing, it might have been something completely unrelated.

The only thing public about that whole deal is a quote from the prosecutor; "In this case, the grand jury concluded that Mr. Horn's use of deadly force did not rise to a criminal offense."
 
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You are absolutely correct, TexasRifleman.

If I might add, a 911 operator is not an LEO and you are under no obligation to follow his instructions.
 
When I heard the Joe Horn case hit the news, I was in an Army dining facility watching the news. All of my friends said, "He is SO DEAD!!".

I said "Nope. He's going to walk like a duck. Watch."

He said in the call, "They are coming this way and I am in fear for my life." He was there. The D.A., operator, etc weren't. Even if he said it strictly to cover his butt, it worked. No one could prove he WASN'T in fear for his life. That makes the case too weak to indict.
 
While I agree GENERALLY with Ayoob's recommendations, I think that he's asking a rattled person who just shot somebody to give the Gettysburg address. I question whether I could give his spiel.

Sir, your short term freedom depends on it. I believe if a person is man/woman enough to use a firearm to protect themselves they should be man/woman enough to control themselves to recite the few words that Ayoob recommends to keep them out of a overnight, or longer, stay in the jail.:rolleyes:
 
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