This writer is among the many in the self-defense training world who recommend a brief statement be made at the shooting scene by “Good Guys” who’ve had to draw on or even shoot “Bad Guys.” But it is important to know what to say to the police following a good shoot.
Know What to Say to Police Before Saying Anything
I teach a five-point checklist on the Wilson Combat YouTube channel. That video runs 13.5 minutes.
Here it is in shorthand:
- Explain what the attacker did to make you resort to the gun.
- Assure police you’ll testify against him later, or words to that effect.
- Point out evidence (and describe any attackers who’ve fled the scene, and their direction of travel.
- Point out witnesses before they disappear.
- At that point, invoke your right to counsel and silence.
Some claim, “Every defense lawyer would say to never talk to cops.” This is patently untrue. Let me offer five examples.
First, let’s be clear that speaking to the police is good advice only for those who have acted justifiably. It is certainly not the advice that defense lawyers give to their general clientele. Especially considering a high percentage of the time, they are in fact guilty of the crime alleged or at least of some lesser included offense.
Many of our readers are NRA members and are likely familiar with the Armed Citizens column in the organization’s magazines. A quick scan shows a majority of the news clippings ending with a statement that the Good Guy or Gal who fired would not be arrested or charged.
Does anyone seriously think those decisions were made by cops who were told, “I’m not saying anything without a lawyer”?
Let’s hear from some attorneys who recommend a brief statement be made at the self-defense scene.
Example One: Divulge Brief Details, Ask to Speak with Your Attorney
Tom Grieve is a veteran attorney now working with the U.S. Concealed Carry Association. He’s a former prosecutor with a lot of defense experience.
In this one-minute “short” on YouTube, he recommends a brief statement. You shot him in self-defense; you’ll be a good witness; you’ll sign a complaint; and you want to speak to your attorney and will cooperate after having done so.
Example Two: Short, Truthful Statement
Emily Taylor and Richard Hayes are former prosecutors with extensive gun case defenses in Texas.
On their popular Armed Attorneys YouTube channel, in a very short segment called “RAPID FIRE – What to Tell Police [After a Self-Defense Incident],”Hayes says, “We recommend a short, truthful statement.”
Taylor suggests something like “I knew he was going to kill me” or “I was going to die if I didn’t act.”
Take a minute and listen to them for yourself.
Example Three: Keep it Brief
Don West is a veteran criminal defense lawyer famous for his excellent work as co-counsel. He successfully defended George Zimmerman and is currently the lead counsel for CCW Safe.
Andrew Branca wrote the authoritative text “Law of Self-Defense” and runs an informative video blog of the same name.
Andrew is an attorney who works exclusively in the area of defensive lethal force. They have a two-part YouTube series, running 14 and 17 minutes, respectively, on what to say after a self-defense shooting.
In Part I, Andrew agrees that a brief statement can be helpful. However, he worries that you may not be thinking straight enough to do so under stress. He makes clear that the problems are in remembering details and timing. (This is why you don’t want to give a detailed statement immediately.)
Andrew says getting arrested is the least of concerns; the point is not to spend life in prison. They both advise calling 911 and avoiding extended explanations. Andrew says to give your name, state that you acted in self-defense, and identify evidence and witnesses who saw it.
In Part II, Branca says, “The fact that you didn’t mention it was self-defense at the scene can be held against you later,” citing the case of Michael Dunn, who fled the scene.
Police already had a narrative—the other party’s narrative.
“It was never in (the cops’) heads that it might have been self-defense,” explains Branca.
West adds, “I’ve suggested ‘I’d like to cooperate with you but will answer questions only after talking with an attorney.’”
He agrees with making no detailed statement and requesting counsel.
The Naysayers
Even the attorneys who most vehemently advise “say nothing to police” admit that, sometimes, a brief statement should be made. Let’s hear from a couple.
Example Four: The Importance of Understanding a “Good Shoot”
Marc Victor is a lawyer in Arizona and the head of Attorneys for Freedom, a prepaid legal services group. In a video counterpoint to my “five-point checklist” on our mutual friend John Correia’s YouTube channel, at about 13 minutes, he says the short statement I recommend is absolutely good if it’s what we colloquially call a “good shoot.”
He and I totally agree on that. If someone doesn’t know what constitutes a good shoot, why are they carrying a gun?
Example Five: “Don’t Talk to the Police”
I’ve saved for last the most often quoted advocate of silence. Law professor James Duane’s video “Don’t Talk to the Police” went viral more than a decade ago. Many who quote him have never actually heard the video, presumably thinking the title is enough. Such people should read Professor Duane’s 2016 book “You Have the Right to Remain Innocent.”
In it, he advises that if you’ve been in an incident that could involve death or serious bodily harm—such as a shooting—he himself points out that you should give a brief statement!
There you have it. The brief statement is recommended for a clean, self-defense shooting by multiple lawyers who know how to handle that type of case, and even by some who generally urge people to never talk to the police.
