Question about witness cooperation with police after a SD shooting

[rbMPSH12]

Imagine that you end up in a self-defense situation and have to shoot a BG and your significant other is there with you, be it at home or somewhere else. Do any of you prep your SO and/or children for being a witness to your self-defense/defense of another shooting? I have not really done so but I'm thinking I need to. What I'm getting at is if you think your SO should not say anything to police until you have spoken with an attorney. We are all usually instructed in training not to talk to police until we've consulted with an attorney. But my guess is that our SOs would be just as frazzled as we would be after witnessing such a situation and could potentially say something unintentionally incorrect that hurts in court. There may be other witnesses and that's out of your control. But it seems to me like prepping your SO to respond as you would is a good idea so that they don't have the immediate pressure of recalling and reciting everything accurately until they've had time to process it.

What is your protocol for this? What should a SO say to police in this type of situation? Any attorneys want to chime in on this?

 

[SteveM4A1]

A 10 words or less description of what happened, and then tell them you will give a complete statement once you have consulted an attorney.

If your SO would be the type that feels the need to help the police and talk on and on, show him/her some videos of police using that information against them. I have done the same, and now my SO says nothing to police that isn't absolutely necessary. She understands now, from others' mistakes.

 

[JollyMon]

I am the victim. I will provide my statement in 24 hours after I consult with my attorney.

Per some guy that taught a class to me once.

 

[BigMatt]

First!!!

https://www.youtube.com/watch?v=6wXkI4t7nuc

 

[HoughMade]

First!!!

https://www.youtube.com/watch?v=6wXkI4t7nuc

That seems to be the standard advice and is probably what I would advise people. Just be aware that this ultra-conservative approach may, may, make the process of clearing you longer and more difficult, and it may lead to unnecessary suspicion and the police focusing where you wish they wouldn't. That being said, shutting up may be the more safe course of action for most people. More than this I will not say.

People like hard and fast rules- always do this, never do that. This seems to be particularly true in the shooting community.

That's not the way the world usually works.

 

[THE BIG SITT]

Hopefully no one has experienced this first hand, but in a SD shoot, is the victim/shooter usually taken in for questioning, or do they give a brief statement and go about there business?

 

[rbhargan]

I am the victim. I will provide my statement in 24 hours after I consult with my attorney.

Per some guy that taught a class to me once.

I think I took the same course, from the same Guy. :-)
My response would be, "I felt my life was in danger and I would be happy to provide you with a complete, detailed statement AFTER I have spoken with my attorney. Until I have spoken with him, I have nothing more to say."

 

[VUPDblue]

In my experience, most, if not all those directly involved in the incident are taken to the office for an interview.

 

[HoughMade]

Hopefully no one has experienced this first hand, but in a SD shoot, is the victim/shooter usually taken in for questioning, or do they give a brief statement and go about there business?

Who the "victim" is, well, it's not all that obvious in many situations.

 

[Denny347]

Since a formal interview must be video recorded, they are done at the office. If you have independent witnesses at the scene that saw everything that took place, let them give a statement and you can tell the detectives that you will wait until you have your attorney before you say ANYTHING about the incident. However, if no one else was there to witness the shooting, the suspect may or may not be alive. Either way, make a brief and general statement about your life was in danger and you had to defend yourself but your formal statement will be with your lawyer present. You need to throw a small bone just to set the tone of the investigation. The detectives are NOT looking to lock a victim up. BY FAR FAR FAR, the vast majority of us have little to no sympathy for suspects that get what they deserve and are not looking to hem you up.

 

[Mgderf]

"...anything you say can and will be used against you in a court of law..."

 

[HoughMade]

If we could just get bad guys to wear "Perp" T shirts.

Personally, and this is personal, not advice, I would want to give enough info to make it clear that I was acting in self-defense...and save anything more for after I had counsel with me.

(seems like I heard something like that before, somewhere)

 

[AndersonIN]

Just slightly off topic but does anyone remember the specifics to the family vacationing out of state and pulled over for speeding? Officers knew the man had a gun license so they removed him from the vehicle asked him if he had a gun on him or in the vehicle to which he replied no. The man hadn't brought the gun as he knew it would be illegal in that state. The police then asked for permission to search the vehicle which he said no. The police then went back to the car to question the wife who replied something to the tune of "He probably does have a gun he always does" because at home he always did. I think she then gave permission for the police to search the vehicle and if I remember they tore the vehicle apart! Might have been nice if they had conversed about how to handle this situation prior!!!

Any ideas!

 

[DurangoUSMC]

Since a formal interview must be video recorded, they are done at the office. If you have independent witnesses at the scene that saw everything that took place, let them give a statement and you can tell the detectives that you will wait until you have your attorney before you say ANYTHING about the incident. However, if no one else was there to witness the shooting, the suspect may or may not be alive. Either way, make a brief and general statement about your life was in danger and you had to defend yourself but your formal statement will be with your lawyer present. You need to throw a small bone just to set the tone of the investigation. The detectives are NOT looking to lock a victim up. BY FAR FAR FAR, the vast majority of us have little to no sympathy for suspects that get what they deserve and are not looking to hem you up.

This. Most Detectives generally have a pretty good idea of what happened and dont have any sympathy for a dead bad guy. Lawyering up immediately is a right but not always the right thing to do. Generally I advise my SO and friends to remember a few phrases, "I was in fear for my life", "I was so scared I was going to be: (killed, raped, hurt badly, etc...)", 'I would like some time to gather my thoughts I'm still shaken up"... Be helpful in showing it was self defense but not overly so or in-depth right away.

 

[88GT]

This. Most Detectives generally have a pretty good idea of what happened and dont have any sympathy for a dead bad guy. Lawyering up immediately is a right but not always the right thing to do. Generally I advise my SO and friends to remember a few phrases, "I was in fear for my life", "I was so scared I was going to be: (killed, raped, hurt badly, etc...)", 'I would like some time to gather my thoughts I'm still shaken up"... Be helpful in showing it was self defense but not overly so or in-depth right away.

How in the world is it not the right thing to do? Who are we concerned about when we suggest that protecting one's rights is the wrong thing to do?

 

[warthog]

"...anything you say can and will be used against you in a court of law..."

THIS.

 

[Faine]

This. Most Detectives generally have a pretty good idea of what happened and dont have any sympathy for a dead bad guy. Lawyering up immediately is a right but not always the right thing to do. Generally I advise my SO and friends to remember a few phrases, "I was in fear for my life", "I was so scared I was going to be: (killed, raped, hurt badly, etc...)", 'I would like some time to gather my thoughts I'm still shaken up"... Be helpful in showing it was self defense but not overly so or in-depth right away.

Lawyering up is EXACTLY the right thing to do. You just committed murder/attempted murder (if you're a bad shot), the fact that it was done within the bounds of legal propriety doesn't change that. You could potentially face charges by a misguided prosecutor, bystanders looking for a pay day at your expense, the person you shot or their family. While you were a victim of an unfortunate event, that does not preclude you from being the victim of subsequent events. Protect you and your family for the long term by keeping your mouth shut in the short term. Let a lawyer do their job and protect you.

 

[upchurch67]

Advice from Mas Ayoob on what to say in such an instance.
1. That person attacked me
2. There is the evidence (point out spent shell casings, dropped weapon, etc)
3. Those people saw what happened (point out witnesses )
4. Officer, I'm sure you understand the gravity of this situation. You will have my full cooperation in 24 hours after I have had a chance to discuss with counsel.

 

[usafmora]

Nobody Talks and Everybody Walks! I preach this to my Wife and all my friends!

 

[looney2ns]

Advice from Mas Ayoob on what to say in such an instance.
1. That person attacked me
2. There is the evidence (point out spent shell casings, dropped weapon, etc)
3. Those people saw what happened (point out witnesses )
4. Officer, I'm sure you understand the gravity of this situation. You will have my full cooperation in 24 hours after I have had a chance to discuss with counsel.

I would think #2 and #3 would be of utmost importance. 24hrs later, is too late.