Don't talk to the police

[Bullet]

If anything like that ever happened to me it probably would be a week or longer before i could discuss anything. Unlike 99% of people I don't have a lawyer on retainer to call. I'd have to shop around, raise money for his fees, etc.

Back to reality. Most people don't have a lawyer much less have one that will be down at the sence on the fly. Just how long are the police going to wait till you retain consul? Are you just going to be allowed to go back home if not arrested? Seems if your allowed to go home there isn't enough for an arrest and if you say nothing a lawyer might not be needed.

 

[jbonnette]

If anything like that ever happened to me it probably would be a week or longer before i could discuss anything. Unlike 99% of people I don't have a lawyer on retainer to call. I'd have to shop around, raise money for his fees, etc.

Back to reality. Most people don't have a lawyer much less have one that will be down at the sence on the fly. Just how long are the police going to wait till you retain consul? Are you just going to be allowed to go back home if not arrested? Seems if your allowed to go home there isn't enough for an arrest and if you say nothing a lawyer might not be needed.

You have the right to remain silent. You don't have to answer questions ever.

If you are charged with a crime and can't afford an attorney, one will be appointed to you.

 

[tunatuk]

OK, so I'll give some real world experience on this one. I doubt anyone on this board has ever been on either side of this scenarios (LEO or a shooter). I have been on the LEO side, and have seen first hand how a statement, contrary to ya'll's popular belief, helped keep a guy out of jail.

Dispatch notifies us of a shooting, one subject down and unresponsive. We arrive on scene, and see a guy still holding a revolver. One subject inside the doorway has a single shot through the nose. He is deader than a door nail.

Shooter is the stepfather, dead guy is stepson. Momma is having a conniption fit, and brother is pissed off as well. Momma says that daddy done shot the boy for no reason whatsoever. Nevermind the AK that is laying underneath the boy. Dead guy's brother isn't saying a thing.

We secure all the weapons, and the shooter. Shooter is brought to the office. Detectives interview him. He says that he and the stepson got into an argument over some stupid stuff. Stepson says I got something for you, and goes and gets the AK out of his truck. The shooter had retreated into a different part of the house and armed himself out of fear. Stepson comes in, levels the AK, and the shooter puts one round in his brain carrier.

Now, if he did not make a statement, he would have been arrested. If he would have wanted to have his lawyer come, he would have been arrested. All we would have been presented with is the mom's statement, and the little evidence on the scene. This incident went before a Grand Jury, and they returned a No True Bill within minutes.

So yeah, I guess it is stupid to say anything to police.

 

[jbonnette]

Seems like a lot of luck in that story. Admitting a heated argument before the shooting could be found as "intent" + witness (momma) that said the stepfather shot the boy for no reason. Could have very easily gone in the other direction IMO. Getting arrested and spending the night in jail < getting convicted because you had diarrhea of the mouth.

I'm still for the bare minimum details: boy came after me with an AK, I feared for my life, I fired in self-defense. Be polite. Consult lawyer. Evidence would be collected (AK under boy). Case info is presented at the grand jury. It's very possible that the result would have been the same.

 

[OneStory]

OK, so I'll give some real world experience on this one. I doubt anyone on this board has ever been on either side of this scenarios (LEO or a shooter). I have been on the LEO side, and have seen first hand how a statement, contrary to ya'll's popular belief, helped keep a guy out of jail.

Dispatch notifies us of a shooting, one subject down and unresponsive. We arrive on scene, and see a guy still holding a revolver. One subject inside the doorway has a single shot through the nose. He is deader than a door nail.

Shooter is the stepfather, dead guy is stepson. Momma is having a conniption fit, and brother is pissed off as well. Momma says that daddy done shot the boy for no reason whatsoever. Nevermind the AK that is laying underneath the boy. Dead guy's brother isn't saying a thing.

We secure all the weapons, and the shooter. Shooter is brought to the office. Detectives interview him. He says that he and the stepson got into an argument over some stupid stuff. Stepson says I got something for you, and goes and gets the AK out of his truck. The shooter had retreated into a different part of the house and armed himself out of fear. Stepson comes in, levels the AK, and the shooter puts one round in his brain carrier.

Now, if he did not make a statement, he would have been arrested. If he would have wanted to have his lawyer come, he would have been arrested. All we would have been presented with is the mom's statement, and the little evidence on the scene. This incident went before a Grand Jury, and they returned a No True Bill within minutes.

So yeah, I guess it is stupid to say anything to police.

Wow! Terrible situation!

An eyewitness stated that it was murder. The shooter said it was self defense. And the shooter didn't get arrested???

The safest place for the shooter to sleep that night, if he could sleep, may have been in jail.

Well, "arrested" isn't the only thing I am worried about. I've never been arrested or in jail but I imagine that being arrested and spending a night in jail would be almost nothing compared to having just killed my son. I'm concerned about prison time for being convicted of murder due to my big mouth saying something stupid while under stress and the, sometimes even worse, civil trial.

Let me clarify my earlier posts. What I mean by "keep my mouth shut" is that the plan is to say nothing. If I plan it that way, I'll very likely do what I plan. There are circumstances where I would say something but if I leave the plan open to that possibility then my subconsious mind will be too open to allowing my mouth to run rampant.

Examples of things that may be neccessary to say to police:
"If you handcuff my hands in front, I'll be able to point out evidence to you."
"Can I have my cell phone back so I can call my attorney"
"There may be more bad guys around"
"The cuffs are too tight and I can't feel my hands"
"My buddy is hiding over there behind that dumpster"
"The bad guy's gun is laying way over there across the street. If you don't go secure it right now, somebody in the crowd that is gathering is gonna steal the evidence"

The thread is titled "Don't talk to the police" so we are going to have to discuss police. If anyone feels that I've done any "bashing", please point it out so I can correct my post as I meant no disrespect.

My "keep my mouth shut" plan includes pretty much everyone besides my attorney so I'm not picking on the police even though this thread is about that particular subject.

 

[Bayoupiper]

Some of you sure are experts on a subject you have no first hand experience in!

Tuna posts a true story and you guys STILL can't accept it!




.

 

[posse comatosis]

An example of why not to talk to the cops before a lawyer. No arrest was made at the scene, but this shooter admitted one little slip in an otherwise apparently clean shoot that could get him time. Never mind there is little doubt the deceased was a drughead who probably needed killing. You don't get points for that. Or do you?:


DEVILLE MAN SHOT TO DEATH, NO ARREST MADE

The shooting death of a Deville man Wednesday evening remains under investigation, with the shooter not yet facing charges.

Ronnie Dale Hewlett, 25, of Deville was pronounced dead at the scene of the shooting.

According to Rapides Parish Sheriff Chuck Wagner, deputies received a report of the shooting just after 6:30 p.m. Wednesday at a residence on Billy Evans Road. There they found Hewlett on the ground and the man who shot him performing CPR.

The shooter's identity has not been released yet.

According to the man who shot Hewlett, he arrived to his Billy Evans Road home to find Hewlett inside his home. The man's wife had allowed Hewlett inside. When the man realized Hewlett was inside, he demanded Hewlett leave immediately.

The homeowner told deputies that Hewlett became angry and demanded food and prescription medication. Hewlett again was asked to leave several more times by the homeowner. Hewlett's acquaintance began knocking on the door of the man's home trying to get inside, authorities reported.

Hewlett eventually left the home, and the homeowner told deputies he saw Hewlett and his acquaintance with their vehicle trunk open and walking around the property.

The man told investigators that he armed himself with a handgun and went outside. Hewlett and his acquaintance then got into their vehicle. Hewlett then put the car in reverse and backed up toward the homeowner at a high rate of speed, he told deputies.

The man said he stepped aside and fired one shot from his handgun, striking Hewlett. Hewlett then put his car into drive and drove a short distance down the driveway, where he was found.

The case remains under investigation.

http://www.thetowntalk.com/article/20100305/NEWS01/3050322/1002/Deville-man-shot-to-death--no-arrest

 

[RCRAMIE]

Would he have been guilty without the statement? The same Statement could have been said with the lawyer there. Story proves nothing.

 

[Bayoupiper]

An example of why not to talk to the cops before a lawyer. No arrest was made at the scene, but this shooter admitted one little slip in an otherwise apparently clean shoot that could get him time. Never mind there is little doubt the deceased was a drughead who probably needed killing. You don't get points for that. Or do you?:


DEVILLE MAN SHOT TO DEATH, NO ARREST MADE

The shooting death of a Deville man Wednesday evening remains under investigation, with the shooter not yet facing charges.

Ronnie Dale Hewlett, 25, of Deville was pronounced dead at the scene of the shooting.

According to Rapides Parish Sheriff Chuck Wagner, deputies received a report of the shooting just after 6:30 p.m. Wednesday at a residence on Billy Evans Road. There they found Hewlett on the ground and the man who shot him performing CPR.

The shooter's identity has not been released yet.

According to the man who shot Hewlett, he arrived to his Billy Evans Road home to find Hewlett inside his home. The man's wife had allowed Hewlett inside. When the man realized Hewlett was inside, he demanded Hewlett leave immediately.

The homeowner told deputies that Hewlett became angry and demanded food and prescription medication. Hewlett again was asked to leave several more times by the homeowner. Hewlett's acquaintance began knocking on the door of the man's home trying to get inside, authorities reported.

Hewlett eventually left the home, and the homeowner told deputies he saw Hewlett and his acquaintance with their vehicle trunk open and walking around the property.

The man told investigators that he armed himself with a handgun and went outside. Hewlett and his acquaintance then got into their vehicle. Hewlett then put the car in reverse and backed up toward the homeowner at a high rate of speed, he told deputies.

The man said he stepped aside and fired one shot from his handgun, striking Hewlett. Hewlett then put his car into drive and drove a short distance down the driveway, where he was found.

The case remains under investigation.

http://www.thetowntalk.com/article/20100305/NEWS01/3050322/1002/Deville-man-shot-to-death--no-arrest

........

 

[posse comatosis]

Story proves nothing.

The shooter admitted he stepped out of harm's way. Nobody would have known if he had kept his mouth shut. I'm not saying this if fatal to his claim of self defense, but it does give wiggle room to a prosecutor in what first appeared to be an ironclad self defense shooting.

 

[RCRAMIE]

The shooter admitted he stepped out of harm's way. Nobody would have known if he had kept his mouth shut. I'm not saying this if fatal to his claim of self defense, but it does give wiggle room to a prosecutor in what first appeared to be an ironclad self defense shooting.

When I first post it was only Onestory post on there not the one that follows his sorry about the confusion there. My proves nothing post was for Onestory post.
But I stand buy what I said any statement made could have been made with a lawyer presence. Making a statement to a LEO without your lawyer cannot help you.
Posse in otherwords I agree with you. You just happen to be posting same time I was and I didn't see your post should have quoted Onestory in my post.

 

[posse comatosis]

Got it.

 

[tunatuk]

Well, being that he gave us information pertaining to what happened, and the fact we were then able to use that information to question the mother and brother...

The brother then stated that the step-father's version was correct, and even momma said that's what happened...but still stated he shot him for nothing.

Regardless of the fact if he was a drug dealer or not (he wasn't, he was just a wanna be thug), it was still a homicide. All homicides get investigated, and you don't consider what the victim did when you try and solve it. Its still someone's child/spouse.

I guess everyone here knows better than me because they can i-lawyer this, and have done more i-research, and have more i-experience with shootings than I do. I mean, its not like I've dealt with them hardly any at work...

 

[OneStory]

?????????????????????????????????????????????????????????????????????????

I don't get it. I really don't. How can we write something in plain English for all to read, and re-read, and think about, and re-read, and refer back to.....
and still can't understand each other???

Are we disagreeing or misunderstanding???

If we are disagreeing, is it so bad???

Is all this even more evidence that you need to be extremely carefull what you say at a time when your life is on the line???

Can we all agree on the following in order to establish some common ground?

#1 There are some instances when talking to the police, without your attorney's guidance, would result in the same or possibly better outcome.

#2 Most of the time, it will not be better to talk without your attorney's guidance.

 

[Suburbazine]

Well, being that he gave us information pertaining to what happened, and the fact we were then able to use that information to question the mother and brother...

The brother then stated that the step-father's version was correct, and even momma said that's what happened...but still stated he shot him for nothing.

Regardless of the fact if he was a drug dealer or not (he wasn't, he was just a wanna be thug), it was still a homicide. All homicides get investigated, and you don't consider what the victim did when you try and solve it. Its still someone's child/spouse.

I guess everyone here knows better than me because they can i-lawyer this, and have done more i-research, and have more i-experience with shootings than I do. I mean, its not like I've dealt with them hardly any at work...

I think you may be over-reading this into "cop bashing".

Point is, even if it hurts your feelings, no matter what you feel personally about the situation, if I talk to you it cannot help me in any way. You cannot help me in any way either, the court can only order you to tell them the facts they want to hear incriminating me, and then dismiss your opinion on the matter.

Sure you might get a better grasp of the situation on-scene, but once in court nothing you say or do can help me in any way- and that's nothing wrong with your profession, it's just the way the court system is set up.

 

[OneStory]

Well, being that he gave us information pertaining to what happened, and the fact we were then able to use that information to question the mother and brother...

The brother then stated that the step-father's version was correct, and even momma said that's what happened...but still stated he shot him for nothing.

Regardless of the fact if he was a drug dealer or not (he wasn't, he was just a wanna be thug), it was still a homicide. All homicides get investigated, and you don't consider what the victim did when you try and solve it. Its still someone's child/spouse.

I guess everyone here knows better than me because they can i-lawyer this, and have done more i-research, and have more i-experience with shootings than I do. I mean, its not like I've dealt with them hardly any at work...

You left out some of this info in your earlier story. I only had what you said earlier to comment on...

If we didn't want to benefit from your experience in the matter, we'd simply avoid the thread.

Is there a statute of limitations on murder?

Tell us the end of the story. Tell us about the day that the shooter died, that he never regretted talking and was all the better because of it.

 

[tunatuk]

I think you may be over-reading this into "cop bashing".

Point is, even if it hurts your feelings, no matter what you feel personally about the situation, if I talk to you it cannot help me in any way. You cannot help me in any way either, the court can only order you to tell them the facts they want to hear incriminating me, and then dismiss your opinion on the matter.

Sure you might get a better grasp of the situation on-scene, but once in court nothing you say or do can help me in any way- and that's nothing wrong with your profession, it's just the way the court system is set up.

Actually, you are wrong. Defense attorney's love the saying "if its not in the report it didn't happen" or "well it's in your report, so it must have happened."

What I learn on scene, is what goes in the report. If you don't tell me that's what happened, it won't go in the report. Just pointing out evidence does nothing, because I don't have what context to take it in. All you would be doing is pointing out a gun, a shell casing, a dead body. All these things do nothing if I don't know how to interpret it. That's where witness statements come in.

But yall go ahead and do things the way yall want. Opinions are like assholes, after all.

 

[tunatuk]

You left out some of this info in your earlier story. I only had what you said earlier to comment on...

If we didn't want to benefit from your experience in the matter, we'd simply avoid the thread.

Is there a statute of limitations on murder?

Tell us the end of the story. Tell us about the day that the shooter died, that he never regretted talking and was all the better because of it.

No, there is no statute of limitations on murder. And he was LEGALLY all the better for talking. The handcuffs were taken off of him before he even left the scene. I don't see how NOT talking would have been beneficial to him AT ALL.

It doesn't seem like anyone is trying to benefit from my knowledge. All people say after I post is something to the effect of "it may have worked once, but generally don't talk to the police."

This will be my last post in this thread. Still gonna read it to see how absurd it gets, but not going to reply.

 

[RCRAMIE]

No, there is no statute of limitations on murder. And he was LEGALLY all the better for talking. The handcuffs were taken off of him before he even left the scene. I don't see how NOT talking would have been beneficial to him AT ALL.

It doesn't seem like anyone is trying to benefit from my knowledge. All people say after I post is something to the effect of "it may have worked once, but generally don't talk to the police."

This will be my last post in this thread. Still gonna read it to see how absurd it gets, but not going to reply.

Im not bashing im ex LEO lot of respect for the job and people who do it, but how can it help by not waiting for my lawyer to get there.

 

[FishingBack]

Actually, you are wrong. Defense attorney's love the saying "if its not in the report it didn't happen" or "well it's in your report, so it must have happened."

What I learn on scene, is what goes in the report. If you don't tell me that's what happened, it won't go in the report. Just pointing out evidence does nothing, because I don't have what context to take it in. All you would be doing is pointing out a gun, a shell casing, a dead body. All these things do nothing if I don't know how to interpret it. That's where witness statements come in.

But yall go ahead and do things the way yall want. Opinions are like assholes, after all.

Waiting for a lawyer doesn't mean you can't write a report. Just wait until you talk to the guy.

You can still corroborate stories with other witnesses after getting the post-lawyer statement.

Am I missing something?