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Author Topic: Scenario: shots fired in defense. Now what?  (Read 2334 times)

Omaha In June

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Scenario: shots fired in defense. Now what?
« on: May 28, 2013, 11:14:01 am »
Ok, so yesterday a what if scenario popped into my head and I think it stands as something that I'd like to share and get everyone's opinion on. Let me set the stage:

Yesterday for Memorial Day some friends gathered at a local establishment for drinks, a jukebox, and some darts. This establishment is in a neighborhood that I grew up in and is generally safe, but there are aspects left to be desired. The establishment is right on the NW corner of a four way intersection. Across the intersection at the SW location is another small business, a quick mart or bodega type store. Parking is along the street as its a residential area. And me and the wife parked right south of the storefront. It seems, unfortunately, that the local baddies or want-to-be's are using it for a hangout. During, our few hours there, I heard locals make comments about the kids hanging out front and about how they hate it. I also witnessed at least one drive up and handout delivery, along w/ special handshakes. This is where my what if starts to take shape as eventually we will be leaving, and may have interaction walking back to our car. (There were no kids hanging out front when we pulled up)

So, let's say that while leaving we are accosted. The situation goes south quickly, when multiple tangos decide to tangle. Lets say shots are fired putting down at least one bad guy. Some tangos run. Now my first thoughts are to secure my position while calling the police and awaiting their arrival.
This is where the options come in and also where I'd like to know everyone's thoughts. I'm imagining response time being 2-5 minutes. That can be an awful long time out in the middle of the street. My biggest worry is for my wife so I would tell her to go back to the bar. My concern is that the tangos will come back looking to get me. Standing in the middle of the street seems like a bad move. Multiple avenues that I'd have to cover.
I don't want to sit in my car as that is also hard to defend as well. Also, I don't want to make it seem like I'm leaving the scene.
My thought is the best place to wait is back at the bar.
What are your thoughts?



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Indiana"Si Vis Pacem, Para Bellum"
If you wish for peace, prepare for war.

A battalion commander of the 23rd Regiment 2nd Infantry Division reported during Operation Cobra, the long awaited breakout from St. Lo (July 1944):

"I have no water, I have no chow, I have no batteries for my radio, I have no communication. My men are dead dog tired. I repeat, my men are dead dog tired. I have been given an order to attack. I am about to comply with this order. End of message."

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    schapm

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    Re: Scenario: shots fired in defense. Now what?
    « Reply #1 on: May 28, 2013, 11:20:06 am »
    My thoughts? Get to a safe place and call 911.
    The important thing is to be able to articulate why you did what you did. When you call, tell them you have been involved in a shooting, you are the victim, and that you retreated to a more secure position.
    Indiana

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    Re: Scenario: shots fired in defense. Now what?
    « Reply #2 on: May 28, 2013, 11:50:41 am »
    I would wait inside the store, if it's open.

    Prosecution may have a field day with you waiting inside a bar, whether or not you've partaken.

    Plebian

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    Re: Scenario: shots fired in defense. Now what?
    « Reply #3 on: May 28, 2013, 02:19:02 pm »
    Get you and your wife in the vehicle and go to a safe place to call 911. If that means that I have a bit more legal trouble, but my wife and I are alive so be it.
    Oklahoma"If all our problems are solved, we'll find new ones to replace them. If we can't find new ones, we'll make new ones."

    Coronach

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    Re: Scenario: shots fired in defense. Now what?
    « Reply #4 on: May 28, 2013, 05:31:20 pm »
    I would run like a scared jackrabbit with my family to the car, have my wife drive us away while I called 911. She's less amped on adrenaline than you are so she's probably a better candidate to be driving.

    the 911 convo would go like this: I was just robbed at the convenience store, I'm a CCW permit holder and I shot at the guy, we have fled the area in our car because I have my family with me and I wanted to make sure they are safe. I'm the passenger in  DESCRIBE CAR with LICENSE PLATES and we're currently going N/S/E/E on STREET. What do you want me to do?

    If the answer is "drive back to the scene", tell the nice lady on the phone that you will do so as soon as there are cops there. really, I would prefer to just pull over and have them come to me, and as a cop I would prefer the same. When the good guys show up, have the gun NOT in your hand- holstered, on the floor of the car, on the ground, on the trunk, there's pros and cons to everything, but not in your hand and everyone's hands up and in plain sight are all good things.

    Expect a "high risk traffic stop" response. Everyone should get pulled out of the car, everyone will get cuffed and stuffed for a minute until they figure out what happened.

    Mike


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    « Last Edit: May 28, 2013, 05:51:24 pm by Coronach »
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    IMerrell

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    Re: Scenario: shots fired in defense. Now what?
    « Reply #5 on: May 28, 2013, 06:04:45 pm »
    I agree with the above. While I have not pondered the above situation before I have often wondered what to do after a shooting. I think my initial interview would go something like this: "I was afraid for my life and safety because _________ (in less than 20 words), I have every intention of cooperating with your investigation, however due to the seriousness of the situation I would like to involve legal counsel before answering any more questions or making any other statements." At which point I will contact an attorney.
    Si vis pacem, para bellum.

    Coronach

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    Re: Scenario: shots fired in defense. Now what?
    « Reply #6 on: May 28, 2013, 06:58:23 pm »
    Yep. You need to give a very brief (very, very brief) overview of what happened, then request an attorney and politely decline to respond to further questions about the event. Be advised that routine questions like identifying information, CCW status, etc, are not questions covered by Miranda. Onky questions about the potential crime are. When in doubt, shut your mouth, but be reasonable about it. "What's your address?" is completely different from "so what was the time interval between when you saw the gun and when you shot him?"

    Mike

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    Omaha In June

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    Re: Scenario: shots fired in defense. Now what?
    « Reply #7 on: May 28, 2013, 08:27:19 pm »
    I would run like a scared jackrabbit with my family to the car, have my wife drive us away while I called 911. She's less amped on adrenaline than you are so she's probably a better candidate to be driving.

    the 911 convo would go like this: I was just robbed at the convenience store, I'm a CCW permit holder and I shot at the guy, we have fled the area in our car because I have my family with me and I wanted to make sure they are safe. I'm the passenger in  DESCRIBE CAR with LICENSE PLATES and we're currently going N/S/E/E on STREET. What do you want me to do?

    If the answer is "drive back to the scene", tell the nice lady on the phone that you will do so as soon as there are cops there. really, I would prefer to just pull over and have them come to me, and as a cop I would prefer the same. When the good guys show up, have the gun NOT in your hand- holstered, on the floor of the car, on the ground, on the trunk, there's pros and cons to everything, but not in your hand and everyone's hands up and in plain sight are all good things.

    Expect a "high risk traffic stop" response. Everyone should get pulled out of the car, everyone will get cuffed and stuffed for a minute until they figure out what happened.

    Mike


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    Thanks, Mike. This really helps a lot.
    Paul


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    Indiana"Si Vis Pacem, Para Bellum"
    If you wish for peace, prepare for war.

    A battalion commander of the 23rd Regiment 2nd Infantry Division reported during Operation Cobra, the long awaited breakout from St. Lo (July 1944):

    "I have no water, I have no chow, I have no batteries for my radio, I have no communication. My men are dead dog tired. I repeat, my men are dead dog tired. I have been given an order to attack. I am about to comply with this order. End of message."

    Outbreak

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    Re: Scenario: shots fired in defense. Now what?
    « Reply #8 on: May 29, 2013, 03:30:59 am »
    Is it reasonable to respond to the standard identifying questions by politely handing over your DL and CHL? Do they need more info than they can get off those documents before you get an attorney?

    In SERE school, we referred to the practice as "John Wayne." Give only Name, Rank, and Serial Number. It was not recommended.
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    Re: Scenario: shots fired in defense. Now what?
    « Reply #9 on: May 29, 2013, 08:56:18 am »
    They do, and it will advantage you to give it. First off, if the info is on your ID card anyway, you may as well respond to the questions verbally. Doing so does two things, 1. It helps confirm that you are who you say you are (even in this day and age, people still carry fake IDs- or, more frequently, real IDs, just not their own), so officers will ask questions about info found on the ID card just to help firm the ID up. 2. It makes you look cooperative and helpful, instead of an evasive jerk (at best) or someone who is guilty of something (at worst). While I would never advise trying to talk your way out of a trip downtown (newsflash, you're going, regardless), right now is not the time to be making new enemies. Be helpful and polite with the paperwork, but very firmly lawyer up.

    In truth, simply getting out, up front, that you want a lawyer should make any admissions pursuant to further questioning inadmissible, so there is very little motivation to trick or trap you once you have invoked.

    Also, the very brief overview that you give can help you, too. Was he armed? Get that out there. Bodies have a habit of not staying prone when you run away. Bad guys get up and run away, too. Bad guys hide evidence. Bad guys pass off guns. Heck...a robbery gone bad with a dead BG and his gatt laying on the pavement is a freebie. I can't tell you how many security videos I have seen where a guy gets whacked, and within 20 seconds all of his valuables have been stripped from him by witnesses- guns, drugs, cash, cell phone. If you are busy doing the see no evil hear no evil speak no evil name rank serial number me no talkee until I see my lawyeree routine, it could be a day before the cops even know to look for a gun. You MUST give them an overview of what happened, otherwise all they might know is that a dude is dead and you killed him, and exculpatory evidence is being lost.

    Mike

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