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Old 08-27-2011, 09:47   #135
TDC20
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Quote:
Originally Posted by Bren View Post
Why? In Kentucky, for example, if you explain to the police why you shot and it appears to be self-defense, they are legally prohibited from arresting you or starting any prosecution. If you save that for an attorney, they HAVE TO arrest you, indict you, etc., and if you hold out long enough, you can go to prison. It is seriously foolish to give someone the advice to not talk to the police in a self-defense shooting, since the sole difference between going home and a murder charge can be your own statement as to your subjective reasonm from shooting. If you don't think an arrest can snowball all the way to a conviction, once you are a murder defendant in the county jail, you don't know much about the legal system.
I'm not saying to never talk to police in any self-defense shooting. It depends on the circumstances. In this case, after you describe the facts, the officers hearing your story are going to think either 1. you are justified, or 2. they're going to respond with, "...so you're saying that you shot him after he dropped the knife?" As others in this thread have. If it's the former, then yeah, they may release you. If it's the latter, then they charge you and depending on what you said (because it's been proven that people make mistakes after the stress and adrenaline involved with having to shoot someone in SD) you have seriously damaged your defense.

I wasn't aware of the law in Kentucky, but what's the difference if you wait in lockup a couple of hours for your attorney to arrive, get his advice on the matter, and then give your statement to the police? You need a couple of hours to settle down anyway before saying anything, so you're less likely to make a mistake in the confusion and "fog of war" so to speak.

I'm not trying to start an argument here, I'm trying to figure out how to deal with this situation without ending up dead (wrestling with assailant for my weapon) or in prison, possibly on death row. I think it's terrible advice to tell someone to talk to police immediately after a SD shoot. Why? Because it's been proven that there is confusion. Your body has adrenaline surging, your hands will probably be shaking, you will be thinking how close you came to dying, etc. It's very difficult to get your mind to focus on the facts in that condition. For example, I have had LE officers tell me that in police shootings, it's very common that the LEO involved will not be able to give the correct answer as to how many shots he fired. He might say 2 or 3 or 5 when he actually dumped an entire magazine. The difference is that he is going to get the benefit of the doubt, and the State's attorney is unlikely to charge an LEO. In my case, if there's a SD-hostile SA, anything I say is going to be used against me. And under the duress of immediate post-life/death situation, I might make a mistake. Forget about ever being able to retract anything you tell the police during that interrogation. It's probably on video and it will be used against you as evidence. Even if it is incorrect information! (an honest mistake) So, I think advising people to talk to police immediately after a shoot, especially where there may be questionable circumstances, without first consulting an attorney, is really really bad advice. In the worst case scenario, you may end up with a needle in your arm.

One thing for sure this thread has taught me and that is to get some OC spray and carry that whenever I have my CCW weapon on me. I believe that is the correct and best answer here. Saves you from all kinds of bad things happening, both during and after this plays out.
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