What to do if you've had to shoot in SD?

[Third_Rail]

So, what do you do if you've been forced to draw and fire in these situations:

If you're under 21 and used a shotgun/rifle which you legally obtained?
If you're under 21 and used a BP pistol or a cartridge pistol?
If you're over 21 but don't legally (in the state's eyes) have the ability to carry, and did so anyway?

How would these differ, legally, from a home invasion scenario to a mugging-type scenario?

Thanks in advance.

[Michael Courtney]

So, what do you do if you've been forced to draw and fire in these situations:

If you're under 21 and used a shotgun/rifle which you legally obtained?
If you're under 21 and used a BP pistol or a cartridge pistol?
If you're over 21 but don't legally (in the state's eyes) have the ability to carry, and did so anyway?

How would these differ, legally, from a home invasion scenario to a mugging-type scenario?

Thanks in advance.

In all cases, don't say a word until you're represented by a good defense lawyer.

Each scenario is different, but the legal advice is the same: shut up until you've consulted with a lawyer, only speak with your lawyer present.

A 911 call might be in order to get EMS on the scene, but you should be careful not to give away any more information than necessary to get prompt medical attention where it is needed. Calling 911 can work in your favor if things get to court, but be careful not to say a word about your own involvement. Only relay the necessary information:

"There has been a shooting, and an ambulance is needed at this location."

In many cases, one might even decide it's necessary to retreat after the shooting to eliminate the necessity of further defensive action. Fleeing can look bad (criminal) to the police, but it is easily defensible in court if there is any reasonable possibility that criminal actors might still be at or near the scene.

Michael Courtney

[RyanM]

What you say to the police, when they arrive, should contain only facts, in the most neutral language you can muster, and needs to end in "I was in fear for my life. I want my lawyer." In fact, just those two sentences will be sufficient, if you're too rattled to give a clear description.

[JamisJockey]

What you say to the police, when they arrive, should contain only facts, in the most neutral language you can muster, and needs to end in "I was in fear for my life. I want my lawyer." In fact, just those two sentences will be sufficient, if you're too rattled to give a clear description.

Even if you're not rattled, you should ask for a lawyer prior to making a statement.
Anything you say might be used to impeach you if it turns out to be inaccurate. The cops are not your friend. The DA is not your friend. Even if its so clear cut and obvious to you that your SD shooting was justifiable, if you give them inaccurate statements (I fired three times, for instance, and you actually fired six), they might think you're lying about something.
"I was in fear for my life. I want a lawyer." Sounds good to me.

[Bartholomew Roberts]

There is research showing that in the aftermath of a stressful situation people tend not to recall all the details correctly because during the adrenaline dump their brain basically starts taking in information at a phenomenal rate and discarding everything it doesn't consider critical. Ths same research shows that if you wait 24 hours, people will often begin to remember details of the incident that they weren't aware of immediately after the incident (their brain is now able to start processing the discarded information).

Lt. Col. David Grossman has written on some of these effects and some agencies now choose to get only the very basic facts during the immediate aftermath and wait until 24 hours have passed before a full debrief of the officers involved in legal intervention shootings.

Any self-defense shooting is going to ve VERY fact-specific, so it would be hard to give blanket advice that would serve you well in all of them; but if there is one statement that WOULD apply, it is probably to stick to a very basic statement indicating a willingness to cooperate in the future and not saying much more until you ahve waited a day and talked to a lawyer. If you are even remotely shaken up; you need to let the officer know that; but by and large the same instincts that help you survive violent confrontations are not very good at helping you give useful statements to police immediately afterwards.

[HankB]

Shut up until you lawyer-up.

I've been advised that when the police arrive, it may not be a bad idea to request transport to a medical facility - thanks to the adrenaline dump, you may feel faint, queasy, have chest pains or difficulty breathing - best to be checked over.

And it paints you more as a victim than a perp - you're actually requesting assistance from the police, who are trained to help those in need. (Or, at least they're supposed to be.)

Transport to a medical facility also gets you away from the scene - other people, reporters, etc., are NOT your friends.

If arrested and read your rights, when the arresting officer asks you if you understand your rights, NEVER SAY YES! A good answer is "No, I need my own lawyer to explain them to me."