Posted on 03/07/2012 5:46:37 AM PST by marktwain
[Click here to listen the 911 call made from a private residence in Springville Utah where a home owner shot and killed an invader.] This series has long argued that there are two parts to armed self-defense. Defending yourself against a lethal threat and defending yourself against prosecution for defending yourself against a lethal threat. Just as the first rule of a gunfight is have a gun, the first rule for staying out of jail and/or losing everything you own due to defensive gun use is STFU (Shut The F Up). That rule starts from the moment you call the cavalry. Here’s the 411 on 911 . . .
1. Make the call as short as possible
911 operators are trained to keep the caller on the line as long as they can, until the first responders make the scene. You are under no legal obligation to remain in contact with the operator.
By the same token, the 911 operators are trained to extract as much information from the caller as possible. You are under no legal obligation to answer any of the operator’s questions.
Never forget that anything you say on a 911 call can and will be used against you in a court of law. Anything. And the way you say it.
Communicate the basic information necessary: the situation (there’s an intruder in my house/there’s been a shooting), your address, a description of yourself and the medical condition of a wounded friendly (if applicable). After that? Nada. What else do the cops need to know? Nothing. Not a damn thing.
2. Either hang up or put the phone down as soon as possible
Once you’ve shared the key info, either hang up or put the phone down. The former is the best strategy if the DGU is done. The latter is the best option if the situation is in progress.
If you throw the phone down—an excellent idea from a strategic/situational awareness point of view—remember that you’re being recorded.
Use that to your advantage. If it’s safe to do so, yell a warning to the intruder. “The police are on their way. I’ve got a gun. Don’t make me me shoot you.” Over-zealous prosecutors hate that stuff. Juries love it.
Again, it’s not just what you say, but how you say it. If you start swearing, laughing (even nervously) or go for some Clint Eastwood-like line before pulling the trigger, that will NOT work out well for you.
3. Do not discuss the 911 call with the cops
Police/detectives arriving on scene will try to extract as much information from you as possible. The cops may try and use information from the 911 call to get you to talk before you lawyer up. Lawyer up. Tell them “My life was in danger” and “I will answer all your questions after I speak with my attorney.” And . . . that’s it. Nothing else.
Don’t be fooled by 911 operators’ good intentions (which are beyond doubt). They are not trying to get you into trouble. But by God they can.
I know it’s difficult not to tell a helpful stranger anything they want to know in a time of grave danger. But give them the basics and STFU. Don’t give law enforcement and the perp’s lawyer the ammunition they need to turn you from an armed self-defender into a victim of the legal system.
I don’t like the idea of a Tox Screen. There is no guarantee you will be able to keep control of the results, and they could show false positives.
I read Alan Korwin’s book (and met him much later. Gentle Giant is the description I’d use), and that is exactly what he says. If you alter the crime scene in the least way, they will catch you and things will go very badly after that, because you will have been caught in a lie.
I think you watch too many movies. If somebody comes in or breaks into your house and threatens you with a weapon you can shoot them til the cows come home in the state of GA and thats precisely what I would do. It would be a clear case of self defense and nobody would try to charge me with anything. When you shoot to kill you either shoot in center mass or in the head. You are not going to be charged with murder for being a good shot. Thats ridiculous. In GA if someone accosts you in the driveway with a weapon you can kill them in your driveway.
Right now there is a post on FR about a guy in Conroy, SC who was approached by an assailant in the parkig lot of his business. The assailant pulled a gun and demanded money. the victim proceeded to empty a 5 shot revolver into the guy and then pulled another gun from his other pocket and emptied it into the attacker. No charges will be filed in the incident. I rest my case.
If someone has broken into my house, why would I want to avoid shooting them?
My experience: Kill the bad guy, call your lawyer (ALWAYS have one on retainer!), then call 911 to come get the body and file the reports. Calling the police usually gets a person into trouble somehow as cops seem to want to make everyone a criminal. Once cops are pumped up and emotional they lose all self control, so don’t call them to catch a bad guy as they will be pumped up.
my only thought is that do to the training i received as a corpsman i was very calm on the phone, perhaps i should have been irrational and screaming so they would be used to it
Some states don’t have the “castle doctrine.” You are expected to escape if possible, unless you have to protect a third party.
I have a question that no one has answered. If someone breaks in my home, and I shoot either my .45acp or my 12ga indoors in order to stop the threat . . . how long am I allowed for my hearing to recover enough to even make a 911 call?
Well .... if I had my druthers as to calm or irrational/screaming, I’d prefer calm. Just glad it turned out all right for you in the end.
one cannot hang up a 911 cell phone call. They have to release you.
bump
I'm going to go by what the lawyer says in the video linked at #29. Nothing I say is going to get the cop to say "Nice shoot, sir! Have a good night." But I might find myself misremembering something, or maybe the cop makes a mistake writing it down, and now I have a hole in my testimony.
It is better to have my lawyer ask the police for their questions in writing, let the lawyer and me discuss the matter, and have the lawyer relay my answers.
I'm sure things were better when you were active. These days, it seems like a lot of cops have an attitude of "My performance rating is based on arrests which result in convictions, and the only person here I can arrest is YOU".
That is a good exception to the rule about clamming up. If the perp shot at you, point out where the bullet likely went so forensics can find it. If he had a weapon, leave it where it fell, do not disturb the prints, and point it out to the police. Beyond that, I'm going to be fairly untalkative.
Having some zip ties large enough to use as handcuffs would be a useful addition to the home defense arsenal. They are relatively cheap and you can keep some here and there around the house. I don't think the cops or DA would cast a suspicious eye on you for using them.
If the bad guy is conscious make him put them on himself, wrists and ankles, while you hold him at gunpoint at a safe distance.
When the perp goes down, I'm going to stay behind cover and not take a chance that he's faking in order to lure me within reach. Let the armed responders deal with him.
You are correct. That said, removing the battery will end any cell call.
Several reasons exist, any one or several of which may apply:
1. A considerable amount of damage may well be done by the shot before or after the projectile(s) enter or leave the intruders body. Bullets seldom only interact with the intruder, and it takes a fair amount of forethought to avoid danger to the inhabitants of the residence or to neighbors.
2. A large number of people, perhaps most, suffer after taking another human's life. This varies from individual to individual. Most people cannot take a human life with indifference.
3. A possibility exists that the intruder is befuddled, or otherwise incompetent. Perhaps it is the rare neighbor kid testing the boundaries, a drunk, or someone who has mistaken your house for another one.
4. If you kill the intruder, there will almost certainly be a terriffic mess to clean up. It is no fun cleaning up after a killing. The resultant mess may likely contain biohazards.
5. The legal hassles that you will likely go through can be very large, and put nearly all of your assets at risk. The castle doctrine may protect you in many states, as long as you are absolutely correct and make no mistakes. The possibility for very large legal expenses are quite real and significant.
Thanks. Those are some very good reasons. I’d still shoot to kill. I don’t make a very good victim.
Thanks for posting this.
Former 911 operator! Wow, MissMag, I bet you’ve got some stories! Thanks for your sage insight here.
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