You shot the intruder-what happens next?

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armedaccountant

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In a home defense situation I was wondering what happens after the threat is neutralized. I'm hoping to hear from the following

1. People who have actually shot an intruder
2. LEOs who have responded
3. Lawyers with experience in this situation.

I know every situation will be different but assume this. I live in a pretty gun friendly state, the intruder was armed, a clear threat to my life, I had no opportunity to run.

So now I am standing in my hallway shotgun in hand with a dead or injured person on my floor, my wife in the bedroom has already called the police. What happens from here?
 
I'm interested to hear the answer to this.. I was given this card by my CCL instructor to carry in my wallet and give to the police should I ever had to defend myself with my gun...

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allaroundhunter thanks for the link, great information. However I now realize I wasn't clear. That answers what happens in the immediate aftermath, I was wondering what the whole process is until the case is closed.
 
The video linked in post #2 is very good for a self-defence shooting in public, but it needs some tweaking to apply to a home defence shooting. In a state like mine that has a Castle Doctrine law, the presumption is that the shooting is justified when someone breaks in. It would be bad to provide police with information that could be used to rebut that presumption.

I have put some thought into this, and this is what I would do:

Call 911 immediately after the threat is neutralized, or during the break-in attempt if possible. State that someone is trying to or has broken in, and you need police assistance. Then state that you need to attend to your family and you are going to set down the phone (911 operators are trained to keep you talking, and everything you say is admissible.) Typical policy is immediate police response in the event of an open-line 911 call.

When police arrive, don't be holding a weapon. Immediately identify yourself as the home-owner. State that "that man broke in. I was in fear for my life and the lives of my family. I will fully cooperate after speaking with legal counsel."

THEN SHUT UP.

Ideally, the 911 operator will hear you tell the assailant that you have called the police, and to stay out. This will confirm that he knew the house was occupied and was not welcome.
 
That answers what happens in the immediate aftermath, I was wondering what the whole process is until the case is closed.
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That depends on the actual case, and on law enforcement and trial procedure in your state.

Much depends on whether your actions appear to meet your state's standard of justification for use of force, or if something about your actions appears to the responding and investigating officers to have been a breach of the law.
 
Retired leo here.
Know you local and state laws.
Even if it is a good shoot, you still have to be no billed by a grand jury here.
The emotional aftermath is quite trying and you will need a good support system.
 
how it is today ( witness's lie and may tamper with evidence) with cameras & cell phones, I'd holster if it is safe to and proceed to snap a panorama pic with close ups of the 'victim'. this will help establish the crime scene and to identify those who may say what they saw and their location. figure that many have called 911 already though it may take you 30 seconds to take pics, still call 911 yourself as fast as it is safe to. and than phone your attorney. try not to wait till its your 1 call.

practice with your cell phone & camera features with a (unloaded) gun so you will have some skills in doing the above.

know also that your safety may require you to move ( distance will vary) from the exact scene but that you must phone the police ASAP balancing time against your continued safety (from crowd response ).

program your phone with 911 and the numbers of local police departments...and your attorney and a back-up for him. take time now to find a gun friendly attorney and do a short visit to establish a repore. show him cowtownup's note and ask for his 'way'. do read the link in post #2.

if safe to--phone wife/ a trusted family member to meet you at the police station. expect to be arrested. do not have the gun in your hand as the police are pulling up.

---practice situational awearness...practice it some more. and don't go stupid places with stupid people doing stupid things. yet practice for the time events conspire against you without regards your abilities.

the last thing you want to do is shoot to stop a threat...it will be years in the system what with emotional and financial stress--but your alive!!
 
I would call a local attorney at first, if your regular guy is a realestate or divorce attorney. Also usually unless it's a high profile case, you are better off with someone from the area you ar in when this happens, as most times local guys know everyone who they will need to be involved with through the process.
Or call your guy up for a refferal, to someone who has experience in criminal law "shootings" and the like. You may have a great Lawyer but he may not be schooled in this type of law, and small towns are sometimes unfriendlly, when you pull in an out of town attorney to defend against a local, "even a local lowlife". Also it depends on what time and what day it is, if it's 3am on a Monday, you may have to wait until morning to get hold of anyone, unless they push you to speak with an ADA, who works for the city or state, not you, I would avoid that at all costs.
They are going to try anything to get you to talk about what happened, I would just be curtious, and say you are in shock, and need time to compose yourself, and would prefer to wait until you speak to your attorney before making a statement. You are too upset right now to do so, but will be more than willing to be forthcoming as soon as you pull yourself together. All of which would be true. It's a shame you need to think like that, but in our society, the innocent can be sometimes used as a poster boy for corrupt politicians with their own agenda.
 
First, we really, really do not advise that anyone who has been involved in a use of force situation respond to the OP. See this.

Second, this has been covered before and summarized here.
 
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