What does "say nothing" really mean?
After an SD event, the general consensus seem to be to say only:
1. I was in fear for my life.
2. I want him/her/them arrested.
3. I'll cooperate after I talk to a lawyer.
Some add a step, 2.5: There's maybe some evidence or witness over there you might want to check out.
And some say skip straight to number 3 -- say nothing. Certainly saying nothing is better than saying too much, and if you can't stick to the script above (1, 2, 3) then you're probably better off keeping your mouth shut. For example, #1 is "I was in fear for my life", not "This crackhead burst through my door with a gun, so I shot him." Really? how do you know he's a crackhead? hang around with them often? are you one? or maybe you're just a crack dealer? "burst through your door". What if the door jam doesn't look broken -- any chance you left it unlocked or ajar? If so, your statement is at best unreliable and at worst a lie. And so on, with almost any improvisation you can do to the script.
But I'm concerned with what you say or don't say before you get to #1, whatever your #1 is. You shoot the BG and call 911 (or even better, the other way around if possible). You're smart and make your weapon safe, put it down, and keep your hands visible when the cops show up.
Common sense says the first thing the officers are going to care about is securing the scene. They are going to tell you to do some things (which you should do), but they are also going to ask you some things. Which can or should you answer? Maybe the dialog goes like:
"What's your name?" "Do you live here?" "Is anyone else here?" "Do you have any other guns in the house?" "Do you know this person (the BG)?"
The first three seem sensible to answer. The fourth one though ... I understand why the responding officer would want to know, I'm just not sure you should answer. If you have guns locked up in a different room it's hard to see how they have any bearing on securing the scene, but then it doesn't seem likely that that determination is yours to make. The fifth question, "Do you know the BG", seems pretty clear to me that you should wait for your lawyer to answer.
So, "say nothing" probably doesn't mean (to most people) refusing to identify yourself or giving the officers the information they need to be safe. Even for those of a strict "say nothing" policy it probably includes asking for a lawyer, which technically isn't saying nothing.
If you've been there, correct my sample dialog. What are the questions you're likely to ask, be asked, or have a client asked? Which ones should the victim (the SD shooter) answer and which should he or she defer on?
