What to do if no shots fired?

[BADUNAME37]

So, you'd call your attorney first and then call the police? (Remember, in that phone call, you are talking to the police. That's legally admissible testimony.) There are SOME things you can and probably should say to the cops right away (to include the immediate phone call) before your attorney arrives on scene.

"Hello, 911? Yes, I was just attacked by a man with a knife at the corner of 1st and 3rd streets. I was afraid for my life. I drew my gun and he ran away. Please send officers here right away. I'd like to give his description and sign a complaint. He's still in the area and armed. I'll go wait for the officers in the restaurant across the street. I'm a middle adged Indian man wearing a sport coat and a bowler hat." (Or something like that.)

Call it in, which means call 911 to get the police. And, call for an ambulance if someone is injured.

However, IMO it is wise to discuss the situation with an attorney before giving your statement of account of exactly what happened -- which would typically be after you have been read your rights (stating that anything you say can and will be used against you in a court of law).

 

[NavyLCDR]

If deadly force was justified (as stated in the OP) then you witnessed a felony. Failing to report a felony is generally a crime.

This is a commonly held, although mistaken belief. Merely failing to report a felony is not usually a crime. Actively attempting to conceal the known commission of a felony is the crime, called "Misprision of a Felony" in 18 USC 4.

"Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both."

See United States v. Johnson, 546 F.2d 1225 (5th Cir. 1977) at 1227, "The mere failure to report a felony is not sufficient to constitute a violation of 18 U.S.C.A. § 4."

That being said, it is still very sage advice to be the reporting party vice the party that was reported.

 

[JohnKSa]

Hadn't checked federal laws. It is a crime in TX to fail to report a felony--basically any crime committed against a person that would allow that person (in the words of the OP) to accurately state that "deadly force was completely justified". My original post, to be completely accurate should have stated:

"Failing to report a violent felony is a crime in at least some jurisdictions."

TX Penal Code
Sec. 38.171. FAILURE TO REPORT FELONY.
(a) A person commits an offense if the person:
(1) observes the commission of a felony under circumstances in which a reasonable person would believe that an offense had been committed in which serious bodily injury or death may have resulted; and
(2) fails to immediately report the commission of the offense to a peace officer or law enforcement agency under circumstances in which:
(A) a reasonable person would believe that the commission of the offense had not been reported; and
(B) the person could immediately report the commission of the offense without placing himself or herself in danger of suffering serious bodily injury or death.

 

[GRIZ22]

If you report it to the police you are taking the first step to establishing yourself as the good guy.

I had a guy try to carjack me take of when he saw my gun pointed at him. Reported it to police immediately. Being they didn't get a call from a guy dressed like a gangbanger reporting some crazy old guy pointed a gun at me gave more credence to my report.

 

[kcshooter]

Would you rather be listed as the complainant or as the suspect?

There are witnesses--the people whom you should report could just as easily report you. They can describe you and your firearm and claim that you assaulted them.

And how about that lady walking her dog? The man looking out from his window?

Be the first.

Your failure to report the incident could easily be interpreted as an indication of guilt.

I can tell you from experience, this is 100% exactly correct. If I had my phone on me when I had to draw in defense, I believe that I would not have had to defend myself against a ridiculous brandishing charge.

I would hate to have to go thru that again, especially on something other than a misdemeanor charge.

 

[hermannr]

First let me say, both these insidences happened away from any phone, and even today, I do not own a cell phone, never have...

Back in the 70's I was accosted by a knife carrying thug...that ran when he saw that I was armed...I Open Carry, the pistol never left the holster. No witnesses, I did not call it in...there was no way the police could have found that guy by the time I got to a phone.

Second time I was in my car, stopped at a light...this guy tried to beat out my side window with a big monkey wrench (car jack attempt?)...I just stepped on the gas and ran the light (it was 02:00 New Years day, I had been out on an emergency work call) I did report that one as I was only about 6 blocks from the local cop shop. They didn't find the perp though...probably just some drunk.

 

[Deanimator]

Report the FACTS.

People who put others in reasonable and immediate fear of life and limb won't hesitate to lie about it.

I have no belief that the police will actually assist me in any way, merely that I need to be on the record as the "victim".

As far as I'm concerned it's a necessary administrative exercise and nothing more.

 

[leadcounsel]

I tend to agree that you should be the first to report for the reasons mentioned, mainly identify the perp(s) and prevent them from alleging you assaulted them.

Careful with what you say to 911.... isn't working out so well for Zimmerman. Granted those are different facts, but his words are being twisted around to make him appear like he had intent to stalk a kid due to race.

IF you call it in, be very careful what you say. If you're baited into an answer that requires race to identify the person, you might say, "I'm not being racist, but the person appeared to be XYZ race."

 

[Warp]

Call it in.

I tend to agree that you should be the first to report for the reasons mentioned, mainly identify the perp(s) and prevent them from alleging you assaulted them.

Careful with what you say to 911.... isn't working out so well for Zimmerman. Granted those are different facts, but his words are being twisted around to make him appear like he had intent to stalk a kid due to race.

IF you call it in, be very careful what you say. If you're baited into an answer that requires race to identify the person, you might say, "I'm not being racist, but the person appeared to be XYZ race."

Don't spend so much time worrying about how the criminal liberal news media might spin the incident. If that is your chief concern you ought to sell all of your firearms today.

 

[langenc]

I didnt read all posts but best action is to call 911 --about 2 min ago.