What the LEO does not matter, it is what is proved. It may take a few more hours to get your lawyer and get out but you stand much more of chance if you SAY NOTHING. I could care less if a LEO believes me, the DA is who will decide if it goes to trial.
Don't talk to the police
- Thread starter jbonnette
- Start date
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Nolacopusmc
*Banned*
No, I am not saying memorize that. It was just an example. My point is do not do the Law and order staple of "I ain't saying nothing till my attorny is here." or even betterm handing the cop your lawyers business card.
I am simply saying express the bare facts. You were attacked. You lawfully defended yourself. You will cooperate, but would like an attorny.
My whole point is to not be confrontational. Regardless of what people may want to think, those initial LEO have a lot of sway in how that scene is interpreted. If when CSI and Detective and rank show up, they brief it as good guy killed bad guy, then you stand a much better chance of sleeping in your own bed that night.
You are right, and that is my key point. You will not be in the mental state of mind to remember details like how many shots, what was said, what he was wearing, etc. That is why you want to give just enough to not seem like every other douchebag who "pleads the fifth" but in effect, still do so.
Interpersonal communications. that is what it all boils down to. Of course, you will be doing the best you can while scared and angered out of your mind.
Nolacopusmc
*Banned*
You do that. 
Nolacopusmc
*Banned*
True but who do you think the DA gets its information from. Guess who testifies in a grand Jury,LEO and possibly you if your lawyers feel it is necessary.Self defense cases will go to a grand jury I promise. The same rules applies to LEO as you no difference. Do you think a person can just go to a DA and tell his story and everything will be fine, no it does not work that way. In a good shoot we are on your side being defensive is not the answer my friend. A good lawyer will tell you that.
I think it would be reasonable to brief the police on the bare minimum. "A man broke into my house; I was afraid for my life. I fired in self-defense". Be polite. Kindly insist on contacting your lawyer before you answer any questions. Again, your statement cannot be used for your defense, only against you. Evidence will be collected, statements will be taken, and presented before the grand jury or DA who will look at the facts of the case and statements and choose whether to prosecute or not.
Det Blair, Brannon - Serious question: in a grand jury testimony, will you be asked what you think happened? Or would you just present the evidence/statements that were collected?
Det Blair, Brannon - Serious question: in a grand jury testimony, will you be asked what you think happened? Or would you just present the evidence/statements that were collected?
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Condensed: The most obvious reason to largely keep your mouth shut following a self-defense shooting is because you will likely be so traumatized YOU WON'T KNOW OR REMEMBER WHAT YOU'RE SAYING- but you don't get a do-over.
Remember Bernhard Goetz??? Many of you do not; his case happened in 1984. In short, he was forced to shoot multiple goons on a NYC subway train, then spilled his guts to the police after he surrendered- WITH NO ATTORNEY PRESENT- and the resulting video spelled his defeat in a civil trial. Why? In his euphoria, he told them a bunch of things- incriminating things- that according to witnesses never even happened. It didn't matter. He now lives the rest of his life owing money to one of the scumbag rats who tried to mug him.
Remember Bernhard Goetz??? Many of you do not; his case happened in 1984. In short, he was forced to shoot multiple goons on a NYC subway train, then spilled his guts to the police after he surrendered- WITH NO ATTORNEY PRESENT- and the resulting video spelled his defeat in a civil trial. Why? In his euphoria, he told them a bunch of things- incriminating things- that according to witnesses never even happened. It didn't matter. He now lives the rest of his life owing money to one of the scumbag rats who tried to mug him.
The facts will present the truth not what a person thinks. Witness testimony, evidence at the scene. Though you have a little more leeway in grand jury its the facts that speaks it all. more than likely you would testify with your lawyer. Remember a grand jury is of your peers regular citizens who draw the conclusions.
Nolacopusmc
*Banned*
Only expert witnesses get to give their "opinioin" in court. LEO can only testify to what he saw, heard, smelled, etc. First hand testimony.
So if only facts are presented, how would it hurt to NOT let the LEO question you? Your statement and answers to questions would be given very soon after through your lawyer. If it were presented before a grand jury, IMO the only possible "damage" would be stigma attached to not talking to the police (as mentioned in the video). I think a good lawyer could mitigate that problem.
I am asking honestly and not trying bait or debate.
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I will give you the BRCC stop sign.
Hell, I'VE gotten mean looks from Barney Fife there in uniform!
Still.......
.
Nolacopusmc
*Banned*
If you are asked how many times you fired and say "3", but there were "4" casings, it means you were either lying or are not sure of your facts, and if you do not know how many shots you fired, then how do you know if the "victim" was really posing a threat.
The danger in having diarrhea of the mouth is that you may amke statements contrary to the physical evidence, and it is that which could be used against you to cast dispersion on your credibility.
Also, post-shooting is a very emotional time. You will, at least to yourself, second guess your actions, question your motives, and have all sorts of things runnning through your mind. If you were to let a statement like,
"I been waiting for one of these fuuucking thugs to come in here. Got those monkeys this time.", then now you appear to be a vigilant laying in wait. While that is a peerfectly reasonable response given your emotional state, that will be used by the prosecution to make you seem like a "killer" rather than a "Victim"
Remember, lawyers get paid to take the same words and provide a different perspective. Depending on which side of the judge they are sitting on will depend on what perspective they are trying to sell. In everything in life, you want to try to set yourself up for success. Not saying dumbass stuff is always a good idea, but when you are under the amount of physical, emotional, and physiological stress that a shooting will bring, it is very easy to say out of character things.
Point is, be careful, but don't be the "Talk to my lawyer guy." You may still win, but it will be a much harder fight.
Nolacopusmc
*Banned*
This thread is what this class is all about.......
http://www.bayoushooter.com/forums/showthread.php?t=32471
http://www.bayoushooter.com/forums/showthread.php?t=32471
your lawyer can be present during a interview but he can not speak for you, he can advise you. if you want to talk to LEO to tell them what happened it has to be in your own words. its going to be a long road no matter what. its not going to be resolved overnight neither. yes protect yourself for sure. I hope no one ever gets themselves in a situation where they could get hurt but you must always be prepared.
We teach new recruits about "Critical Incident Amnesia".
Very simply put, this is where you have a huge adrenalin dump during the incident.
This, along with the post-incident release of cortisol makes a person unable to recall crucial facts about what they just went through.
It also makes it nearly impossible to write a report in this condition.
The solution is rest and sleep.
After a night's sleep a person can recall somewhere between 50% and 90%, depending on the person AND their physical condition.
After a second night's sleep they should have complete memory of the incident.
.
Very simply put, this is where you have a huge adrenalin dump during the incident.
This, along with the post-incident release of cortisol makes a person unable to recall crucial facts about what they just went through.
It also makes it nearly impossible to write a report in this condition.
The solution is rest and sleep.
After a night's sleep a person can recall somewhere between 50% and 90%, depending on the person AND their physical condition.
After a second night's sleep they should have complete memory of the incident.
.
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I've never dealt with him....but Morgan Allison is a pro 2a attorney based out of Houma, I think.
Nolacopusmc shot down his own argument. Just as said before, the LEO can not testify on what they think happened or what you say (in your defense) thats hearsay. There is no point in being defensive but just say I need to talk to my lawyer before answering any questions. It is true your lawyer can not speak for you but he can be whispering in your ear the whole time. On a different note, I have many friends that are attorney's and are shooters in Lake Charles if you need one.
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