After a SD/HD shooting

[TMF]

Hmmm... "in fear for my life" implies that if I don't act with deadly force I will likely die. I think that would make all other concerns moot.

[alwaysonjohn]

My advice is to simply tell the responding officer that it was self-defense. They have to start a homicide case that will go to grand jury where the grand jury will see if it was reasonable means for self-defense.

It would go like this

1. defend yourself since "you are in fear of your life"
   
2. scan and holster your weapon
   
3. call 911 and tell them it was a self defense shooting and give a good description of what you are wearing and that you holstered your weapon
   
4. don't move too much so the detectives can recreate the scene and bag any evidence (including taking your weapon, clothes, unused ammo, and shell casings)
   
5. inform the police of basic details so they know what happened and any possible witnesses or items needing medical attention. Before they ask questions let them know that you don't want to speak more until your lawyer arrives
   

LEO would be the same except you should already have a lawyer ready (FOP or other organization). Also you may be compelled to give your department a statement just make sure this compelled "department" statement is protected from prosecution. You should obtain in writing that what you are saying is protected under Garrity Rule.

http://www.policeone...ter-a-shooting/

http://www.njlawman.com/garrity.htm

Then you will have to wait months to figure out what happens to the case. So a good idea is to make sure to put some lawyer's information in your phone in case something like this does happen.

Edited August 14, 2012 by alwaysonjohn

[Oh Shoot]

My advice is to simply tell the responding officer that it was self-defense. They have to start a homicide case that will go to grand jury where the grand jury will see if it was reasonable means for self-defense....

Only goes to grand jury if the DA chooses to send it there.

- OS

[Guest RichieRich]

Massad Ayoob was recently in Memphis and gave his MAG-20 classroom course at RangeMaster. This was a serious commitment for those who attended: $400 and 20 hours over 2 days. This was a grueling classroom only course (i.e., no shooting). I took about 25 pages of types notes.

He pretty much answered the original poster's question from every imaginable angle, relying upon his years of experience as a law enforcement officer, prosecutor, and expert witness in hundreds of self-defense cases. Anything short of that (and I think the material from the ACLDN, although pretty dry, is pretty good) is really just the "Cliff's Notes" version. For those who are really interested and committed to the most detailed study of this issue, I would highly recommend the class.

[tennessee01tacoma]

In my hcp class the instructor, who is also a police officer, said to call dispatch, holster your firearm, wait for police. When you hear sirens present yourself as harmless as possible, hold your hands straight out to your sides, keep your hands visible. He said expect to get handcuffed and disarmed. You will be all jacked up on adrenalin so you will need a minute to calm down before you talk to police. Politely request for the time you need, any officer should respect that. Don't drink coffee or anything with caffine in it, the effects of caffine will be worse with the adrenalin already in your bloodstream. Once you are comfortable give your statement, just the facts don't try to connect the dots a good detective will connect them anyways. If it was truly a self defense shooting the evidence should be clear.

[10-Ring]

As the OP I appreciate everyone's comments. In the situation that triggered my questions there were actually two "offenders" present. The father was the aggressor and his grown son remained in his truck. This has gotten me to thinking that holstering the weapon is a bad idea. I'm familiar with the father/son duo and they are known as local trouble makers and law enforcement is aware of them and they have had problems with them as well.

So say that you have to shoot the father but the son remains in the truck. As long as he remains in the truck and does not present himself as a threat I'm not going to shoot him. But I'm also not going to holster my weapon. I would send instruction for whoever is calling 911 to state that there has been a self defense shooting and one of the offenders is still alive and being held at gunpoint. I know that this is a stretch of the truth but it would let the police officer know that I will have my gun in hand when he arrives. I realize that the officer is likely to draw his gun on me when he arrives but I should be okay as long as I don't point it in his direction. May even be able to put it on the ground as he is pulling up. We are dealing with aggressive irrational hillbillies out here, you never know what they might do.

[Guest nicemac]

I do recommend that everyone buy an umbrella insurance policy. You can be sure you will get sued civilly by the victims family if you killed someone.

Most of these policies run about $100-$200 a year per million in coverage. It also protects you for many many other things such as car accidents, etc.

I could not find a one million dollar umbrella policy for under $500 per year, despite many people telling me that it was only $100 (or so…).