Countless people advise never speaking to the police immediately after a self-defense shooting. I don’t think that’s the best advice, and I may have been the first advocate of what is now known as “the brief statement,” going back to the early 1980s when I started teaching lethal force principles to law-abiding private citizens at Lethal Force Institute. (I now teach it nationwide through https://massadayoobgroup.com.)
We’ve discussed this matter before, but it bears repeating. It appeared recently in the now-online magazine from Athlon Publishing, Combat Handguns, where I’ve written the Self-Defense and the Law column for many, many years now.
As always, your comments are welcome. It is, after all, a contentious topic.
In this day and age, and after a deadly force incident, making an initial, brief statement to the police focused on the bad guy’s aggression and your fear of bodily harm or death seems to be the best approach to me. Then it’s time to shut up and let your defense attorney act on your behalf. Otherwise, the criminal (if he survives) and his buddies surely will lie and set the stage for your prosecution and later, a wrongful death claim.
Should I ever get into a self-defense shooting, I am following your advice. I am under no illusions about the adversarial nature of the legal (not justice) system but your procedures seem like the best way to make that work for me.
If you know that you can function well under pressure, I believe that Mas’s advice is the way to go. If you can’t keep from babbling under pressure, then keeping quiet and requesting an attorney may be better. I’ve recently seen some terrible advice on a “self-defense” channel, i.e. call 911 and say there was a shooting and hang up… what he Hell?
A long time ago a friend who was a retired Air Force fighter pilot was involved in a deadly force incident and the cops weren’t quite sure what to make of him because he was so calm on the 911 call. I guess that’s what dodging SAMs and MIGs in Vietnam does for you.
A few years ago, I supervised the initial scene of a justifiable homicide. The incident began when the deceased used his car to ram the armed citizen’s vehicle. The armed citizen, a competitive pistol shooter, was struck by the suspect’s car in a manner similar to a PIT maneuver used to stop a pursuit. In the split second when the two drivers’ windows were adjacent, the armed citizen fired one round from his pistol, striking the aggressor in the head and stopping the threat. The armed citizen went directly home, called the police, and we detained him. He agreed to speak with detectives, who corroborated his statement with testimony from a passenger in the deceased’s car and video from a nearby business. This incident occurred in the Free State of Florida, so results may vary by jurisdiction. The armed citizen was cleared by the State Attorney’s Office and went home that morning.
I want it clear that I don’t dislike cops; I was one and support ’em. As Mas said, “the brief statement”. Police are trained to extract as much information as possible. They can lie to you with impunity. I have heard of people attempting to assert their 5th Amendment right to remain silent, being it that only applies in court. They then proceed to spill their guts. It’s not just TV. After a few hours of bad cop “interview”, people tire and cave to the good cop. Always remember that anything you say can and WILL BE used against you in court, and you ALWAYS have your 5A rights. In the back of the squad car, you are being recorded. Mas teaches a checklist of the brief things you can say. The last comment you make is, “I wish to remain silent until I have my lawyer with me.” Then, SHUT UP!
Great article, with good reminders from the voices of experience with these situations.
People just don’t know what they don’t know.
Mas,
Your argument for “the brief statement” is excellent. Makes total sense. My guess is some people are so afraid of having their words twisted, they decide it is safer to use the silent treatment.
MAG 40 Attendee here. I have always agreed with Mas on this (any other time, I wouldn’t even discuss weather on the street corner with a cop, even as a gesture these days. Seen too much truth on Youtube). My only thought is I’d maybe put witnesses #2 and then the rest. I’m aware confabulation is a thing, I have to wonder if human testimony doesn’t carry more weight than the possible conjectures of a jury about exculpatory evidence of the inanimate sort. Might be wrong. He IS the expert, and I regard him so. Great course, Mas! It was good that I could recall what you said even after 15 years.