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To: ZX12R

I was a police officer for three decades. I ran criminal investigations for a multi-county area. I handled a number of self-defense shootings and homicide investigations, including those where police officers shot perps. Even police officers are NOT automatically off the hook for a duty-related shooting. In most cases even police-related shootings go to an inquest. I will grant that police officers often get far more benefit of the doubt than what a private citizen may receive.

I will tell you from personal experience that if you are involved in a ‘clean shoot’, barring residency in some deep blue socialist hellhole, you are going to be OK if you answer (carefully) the questions - under guidance of legal counsel - to establish the fact and the perception that you were in reasonable fear for yourself, another person or on firm ground of the Castle Doctrine (if that has been enacted in your locale).

Staying dumb and relying on stupid lawyer tricks is the way to go if your shooting was not justified. But why would you play chicken with a prosecutor and a jury if you could avoid it by laying out the facts? If you didn’t commit any crime, and even if you did, it behooves you to not miss ANY opportunity to avoid a trial. Your perp may look more sympathetic than you do, especially with the passage of time. “He was just a kid! He was a young father who loved his (four illegitimate by four different women) kids! He was going to college! He was just getting his life together!”

I’m not saying that you allow yourself to be buffaloed or railroaded into any sort of plea. If you need to play hardball to clear your name, and if trial is the only way to do that, then by all means go ahead. But I strongly advise not rolling those dice. Without your side of the story, what have I got to go on? Someone is dead and the evidence points to the actor as being you. Maybe there’s clear sign of forcible entry, maybe not. Maybe there’s evidence of criminal intent on the part of the perp, maybe not. Maybe there’s evidence of the perp’s capacity and willingness to hurt you, maybe not. Maybe you were in reasonable fear, maybe not. How do I know? I maintain that the best way is to tell me.

Yes, get a lawyer. Yes, shut up until he/she talks with you and you decide on the best approach. But it is foolish to follow a blanket policy of omerta no matter what.


52 posted on 03/07/2012 8:54:22 AM PST by SargeK
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To: SargeK
Staying dumb and relying on stupid lawyer tricks is the way to go if your shooting was not justified. But why would you play chicken with a prosecutor and a jury if you could avoid it by laying out the facts?

I understand what you're saying, and I see your point. I also appreciate your taking the time to answer my comments.

However, it's not about whether the police are bad or good. It's that anything you say to the police will either be written down or video taped, as well as any formal statements in any interview at the station, if you are taken there. Under stress, people can say things badly, choose the wrong words, say something awkwardly, etc. ALL of that will then become evidence on the record, that can not only be presented in court as is, but can be twisted and misconstrued by some politically minded or overzealous state prosecutor, as evidence for thoughts and actions that are simply not part of reality. Many prosecutors, who've taken the view that prosecution is warranted, and you are charged, will lie, twist, torture and turn that evidence to secure a prosecution in your case.

So, other than a brief initial statement of fearing for your life and admitting the shooting, I still believe that it is always best to offer nothing further than that to the record, for the state attorney to work with. Then he has what he has, and barring any obvious evidence to it being other than self defense, he will have no choice but to forget any charges.

53 posted on 03/07/2012 9:17:16 AM PST by ZX12R (FUBO GTFO 2012 ! We should take off and Newt washington from orbit.)
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To: SargeK
Without your side of the story, what have I got to go on? Someone is dead and the evidence points to the actor as being you. Maybe there’s clear sign of forcible entry, maybe not. Maybe there’s evidence of criminal intent on the part of the perp, maybe not. Maybe there’s evidence of the perp’s capacity and willingness to hurt you, maybe not. Maybe you were in reasonable fear, maybe not. How do I know? I maintain that the best way is to tell me.

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".

92 posted on 03/07/2012 4:17:43 PM PST by PapaBear3625 (In a time of universal deceit, telling the truth is a revolutionary act. - George Orwell)
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