Many people will tell you that if you are involved in a self-defense shooting, you should not speak with law enforcement or answer any questions until you have spoken with your attorney.
Others will say that the only people who do that – are people who are guilty of a crime. If you haven’t done anything wrong why not cooperate? Two opposing sides, which one is right? Like so very many of these sorts of questions, the truth, and the best answer – is somewhere in the middle.
You should note that many attorneys who advise their clients to not say anything to law enforcement after a self-defense shooting – are quite often only experienced in defending clients who have committed a crime – by definition, a criminal. If someone attacked you, and you believed you were about to be seriously hurt or killed, defending yourself is not a crime, it is your right, and maybe even your duty.
To begin with – and I’m going to make it as simple as possible – cops are basically wanting to do two things: they want to help the good guys, and arrest the bad guys. The more you can do to get them to understand that YOU are the good guy, and the person who attacked you is the BAD guy, the better. You are a good person, an honest citizen, and you are the victim here, “but responding officers cannot see your halo!” If you do not give them your side of the story, who will?
In most shootings where police respond, the person who pulled the trigger was a thief, a robber, a bad guy wanting to harm someone, or in some way, committing a crime – but not this time! This time, the person who pulled the trigger was the victim, and pulling the trigger was an act of self-defense, the victim had no malice, they shot only to stop a threat from seriously hurting, or maybe even killing them – and that is a very important distinction.
I recall a story of a self-defense shooting where the first responding officers on scene encountered a person who had been shot and died, and the person who had shot them. The officers called out the detectives, and being inexperienced in dealing with self-defense shootings, they informed the detectives that someone had been “murdered” – a common term to describe someone who was killed, but legally, a crime that requires evidence of pre-meditation, malice, and is generally willful, deliberate, and pre-meditated – elements that had at that time not been confirmed.
As the detectives responded to the scene, during the initial review of the scene, and then when speaking to the shooter, their mindset was causing them to look for factors that would confirm the initial theory this was a murder. Had the shooter not spoken up and supplied information that would demonstrate this incident was a self-defense action, how deeply would the case investigation been focused on the initial “murder” perspective?
In incredibly stressful situations, you will be inodiated with a variety of stress related chemicals as the “fight or flight response” kicks in (your brain realizes you are in real danger, and immediately moves to a hyper-survival mode): Adrenaline (epinephrine), norepinephrine, cortisol and other mixes of chemicals cause changes in your body and brain.
Elevated heart rate, increased respiration, and higher blood pressure result. Things may seem to be going in slow motion (Tachypsychia: “tachy” related to time, “psychia” related to the brain). Auditory distortion – loud noises are suppressed, and quiet sounds may seem to be amplified. Visual distortion – things may seem larger or closer that they actually are, and you may focus on specific things, ignoring others.
Blood flow to the extremities is reduced, and that will also prevent or severely limit your ability to have full use of your fine motor skills. You will likely experience an increase in pain tolerance – you may not feel pain or notice that you have been injured. Your brain is focused on the serious threats, so your creative thought processes will be shut down. Because your brain is focused on surviving this incident, it doesn’t care about potentially embarrassing you – your bowels and/or bladder may be voided – expelling waste products that if retained, could pose a serious risk of infection if they are released into the bloodstream. Whoops! But important, or maybe even critical for your survival.
If you are involved in a self-defense shooting, it is almost certain that you will experience many of these or other stress related challenges. And the effects of these will interfere with your ability to clearly and accurately recount specific details of what exactly happened. So, getting your side out of what happened is important, but you must also understand that it would be real easy in your stressed out condition to say things that might not be beneficial.
To make it simpler to say the right things, and not say things that could be harmful to your defense, firearms and use of deadly force expert Massad Ayoob developed and has been sharing his “Five Point Checklist” as a way to guide those stress out people in a post shooting situation, in what information is best to share with responding officers:
Massad Ayoob’s Five-Point Checklist:
- Establish the dynamic, tell responding officers: “I’m the victim; they are the perpetrator.”
- Tell responding officers: “I will press charges/sign a complaint.”
- Point out/describe any pertinent evidence.
- Point out/describe any witnesses who saw what happened.
- If there is any hint that you are a suspect, say: “Officer, you will have my full cooperation after I have my counsel here and have spoken with them.”
Now I will come back to this checklist, and expand on it a bit in a moment, but first, I’m going to go backwards a bit, to a time earlier in the incident, officers have not arrived yet, but shots have been fired, and the threat is down – what should you do, right then and there, immediately after the shots are fired?
Scene Safety
Is the shooting scene reasonably safe? A moment ago you believed you were about to be seriously injured or killed by someone. To stop that threat, protect yourself, and save your life, you used a firearm. Now the priority is to quickly survey the scene to determine if there is additional danger, great risk, or a threat to your safety if you remain at the scene.
Generally, fleeing from the scene of a shooting, appears to be an act of someone who has done something wrong, knows this, and leaves in hope they won’t be connected with the incident. For this reason, staying at the scene helps to establish that you believe what happened was justified, and you will meet with emergency responders, cooperate, and offer information about what happened.Staying there allows also you to keep track of those who may arrive or leave the area – potential witnesses to the shooting, and those who perhaps witnessed the circumstances leading to the shooting. It gives you the ability to remain focused on the scene – noting where vehicles were in the parking lot, the path you took when leaving, the direction of travel, and what the threat did as they followed you.
There are of course exceptions to this. If the person shot has a bunch of drunk friends, and they are now coming out of the bar, and they decide they are going to administer some “Street Justice” to the guy who shot their friend – staying there may not be a wise choice. However, if you jump in your car and leave the scene, you had better also be on the phone calling 9-1-1 as you put your car in gear.
Example: Downtown Reno, under the Reno Arch. Some people are protesting under the arch, blocking the vehicles driving on Virginia Street. A young man with a couple of friends in the cab of his pick-up is stopped by the protesters. An argument ensues – “You need to turn around!” and “You need to get out of the street!” Tempers flare, and one of the protesters, a large man, punches the driver of the pick-up through the rolled down window.
The smaller young man, having realized – and believing – that he is about to get pulled out of his truck and beaten up, hits the gas and drives straight ahead – running into and over two women (one got a broken leg, the other had soft tissue injury, and tire tracks on her leg). The young man drives several blocks away, pulls to the side of the road, as he is calling the police. Law enforcement responds to the area under the arch, and to where the young driver has pulled over – after leaving the area and then stopping once out of danger.
Ultimately, those blocking the road had no permit to do so, and were charged for a minor offense related to blocking the road or not permit or something like that. I believe the driver was not criminally charged with any violation. Leaving the location to ensure your safety, as long as it is legitimate, and as long as you contact law enforcement ASAP, may not be a problem.
Get Help
Get help en-route, and meet with authorities ASAP! If the scene is relatively safe, call for help. The priority is to provide the dispatcher with the address and/or location where you are. If they don’t know where you are, they can’t send help to you. If you tell them there has been a shooting and then drop the phone, that won’t get resources to your location. If you say “I’m-at-One–Two–Three–Main Street” “ONE – TWO – THREE – MAIN – STREET” – and you then drop the phone, at least they will start sending resources to the location.
Remember that calls to emergency dispatchers are recorded, and you have just been through an incredibly stressful situation. Slow down just a bit and focus on the information that they NEED – not necessarily the information that they might be asking you for. Once they have the location, the next step is to BRIEFLY describe what happened, and the resources needed:
“I was attacked. There has been a self-defense shooting. My attacker has been shot. I need police and emergency medical responders at this location!”
Depending on your condition – physically, psychologically, and emotionally – that might be all you the information you can provide. You might even be directing a bystander who is calling – telling them the information to provide to the dispatcher. Now we wait.
When training student staff in the residence halls, we would put them in a scenario where they encountered an unconscious student in a stairwell. They response we trained them for was to attempt to wake them up or otherwise check the student’s condition, then they would radio the front desk to call for emergency responders. Having done that, they assumed the scenario was over and they would go to the next one.
Nope. We just stood there, quietly, as they began second guessing themselves, wondering what else they should do, etc. The training point was just that – calling for help is the easy part. After you call for help, it will be at least five to seven minutes before any help arrives. We would ask them: what do YOU do now, while waiting for help to get there? Maybe you check the unconscious student again? Maybe you update the desk staff on the radio? Maybe you start thinking about what you will do when help does actually arrive? Now is the time to consider how you might answer the “What Now” question.
Some will ask: “Should I administer first aid to the person I just shot?” A couple of things to consider – once again, a priority is scene safety. Until additional resources arrive, the scene IS NOT SAFE or SECURE, so approaching the suspect, rendering first aid, or focusing your attention on talking with the dispatcher should not be your first priority, you need to be watching, listening, and paying attention to what is going on, right there! Remember that the fight is NOT OVER until YOU CONFIRM it is over!
Most CPR – AED – First-Aid training emphasizes that before you approach a person who is injured, you need to ensure the area and scene is safe, and secure. A few moments ago, this person was ready to seriously injure or kill you – to me, getting close to this person is not a safe or secure action to take. They might still be armed, they may be “faking it” to draw you in closer – again, until additional resources arrive, approaching the threat is probably not safe. Once law enforcement arrives on scene, they will have the training and resources to ensure the scene is safe.
Secondly, after going through this incredibly stressful situation, your hands are probably shaking, your legs are likely wobbly, your ability to think rationally and logically is going to be degraded substantially. Even if you have advanced First-Aid, Trauma, or Stop the Bleed training, will you, in your condition of potential shock and some degree of disorientation, be able to properly provide treatment to someone you have just had a life and death encounter with?
So, what do you do. Well maybe, depending on the conditions of the scene, you might be able to – and I would recommend this – maintain communications with the dispatcher. Maybe put the phone in my shirt pocket – where they can probably hear me, but I may or may not be able to hear them. I would tell the dispatcher – “look, this scene is not secured, I believe this guy/gal could still be a threat – I’m gonna stay on the phone, but I’m putting the phone in my shirt pocket, So I can pay attention to what is happening, until officers arrive.”
Should something happen – a friend of the attacker runs up to the threat on the ground, grabs the gun, and runs away – that would be a good thing to tell dispatch and get it recorded. Maybe I’m going to give a running commentary, describing things that are happening, and what I see happening as I scan the area. I might also describe myself, as I begin to reinforce the narrative – “I’m wearing tan pants, and a grey shirt!” “I’m-six-feet-tall!” “I have short grey hair!” “I am the victim, he attacked me and I defended myself!” “Please make sure the responding officers know the old guy with a grey shirt and tan pants is the victim!”
Remember officers are responding to a call of someone having been shot – they take that kind of seriously, and the more you can tell your side, and set the narrative, the better. If the scene is not safe, make sure they know that by sharing the information with the dispatcher. “I believe my attacker is still armed – I’m trying to stay behand cover!” “I’ll holster my gun, but the scene is not secure, so I may have my hand near my holstered gun!” “As soon as I hear the sirens, I’ll have both hands open and my hands raised!”
When officers start to arrive, what message will your position and body language be sending – are you a threat, or cooperative and doing what you are told, not making any sudden movements, and keeping your hand open, and up, away from your mid-section or upper body – places where weapons are most often carried.
You may want to direct them to the threat – reiterating “I’m the victim!” “The guy/gal who attacked me is over there!” “I believe they are still armed!” All the while keeping your hands up, open and motioning with your head. Now this dialog is all being made up, as an example to illustrate a possible scenario, you of course would be saying things that were accurate to your situation.
The officers may not want to listen to you, you may need to lie on the ground and be and handcuffed. As I noted before, “you are the good guy, but they can’t see your halo!” do what they say, but as it is possible continue to set the narrative – you are the victim, the good guy. The other guy attacked you, he is the suspect, you are the victim!
Set and Affirm the Narrative
At some point after law enforcement arrives, they will be asking questions. As Massad Ayoob’ first point in his Five Point Checklist, we continue to explain and clarify the dynamic – “They are the bad guy – I’m the good guy!” “They attacked me, I defended myself!” What do the “Good Guys” do? They call the cops, they cooperate with the cops, and as noted as the second point in Ayoob’s five point checklist, they are desirous and willing to have the bad guy arrested, and prosecuted for attacking the good guy.
Different jurisdictions have different processes for who will be arrested or taken into custody. Not likely to be familiar with those processes, the words and terms you use might not match the process law enforcement uses. The point is you need to explain – once again – you believe this person was a threat to you and you want him arrested, criminal charges filed against him/her, and you are willing to sign a complaint, or whatever needs to happen for that person who threatened your life to be taken into custody.
Evidence or Witnesses
The third and fourth steps in Ayoob’s Five Point Checklist relates to those present or items that might be able to support your story. What you say might be considered, but if two or three others corroborate your version, and the evidence at the scene also matches your version – that is very, very good. If you tell investigators there was a woman wearing a green shirt named “Roxanne” in the restaurant who saw some of the interaction p but it turns out that her name was “Rhonda,” and she was wearing a blue shirt, that may not be completely accurate (and most witness statements are not completely accurate), but it does still lend credibility to your version.
Be aware that most people who might witness a shooting, if they’re smart, are probably going to do everything they can to get the hell out of there ASAP, meaning that you should – if possible – remember and maybe write down descriptions, license plate numbers of vehicles at or leaving the area, etc. Giving law enforcement an opportunity to be able to find those who can support your version of what happened.
Also be aware that those who stay in the area could be friends of your attacker – who might want to help their friend. They may be willing to tamper with or hide evidence, or make up just about any story that would put you in a bad light, and infer or imply that you were the aggressor, and their friend was the victim of your attack.
Many people’s understanding of what occurs at the scene of a shooting, and the investigative process when law enforcement arrives, is heavily influenced by what is shown on television and movies – but the actual process is a lot different. They might believe that pointing you out as the attacker will be all that is required to protect their friend, not understanding that those who make such claims will be interviewed and questioned – especially if the evidence on scene does not support their claims.
Are YOU Injured?
At some point, generally early in the response of resources, EMS (Emergency Medical Services) personnel: Paramedics, Firefighters with advanced training, etc., will be on scene. It is not uncommon in stressful situations, with a reduced pain threshold, increased pulse, respiration, blood pressure, and the brain’s focus on survival, for those involved to have been injured – and not realize that.
If you see medical resources on scene, you should probably ask that you be checked for possible injuries – and explain the reason as listed above. A common check in the field is often known as a “Head-to-Toe-Assessment.” Just as it sounds, they will be looking for obvious injuries, hidden injuries, bruising or tender areas that indicate some potentially deeper injury, vital signs that are indicators of more serious problems, etc.
Even if you are in excellent health, the reaction to a critical incident can have a profound effect and impact of your body’s normal functions. Having yourself checked at the scene, can confirm that you are able to stay at the scene, or it could indicate that you may have some issues. Things such as profuse sweating, – perhaps even going into shock – that may have been triggered by or in response to the incident. Better to know that right away, that to pass out and fall to the ground in the middle of a question.
I recall a situation where an officer was involved in a shooting situation, he had completed the paperwork, and several hours later arrived at home, where he took off his dark colored uniform shirt. On the side of his body, just above the belt line, he discovered two dark red marks of blood that had been hidden by the dark uniform, but stood out on the white t-shirt he wore.
Unbeknownst to him, and not noticed or felt during the high stress incident or in the several hours immediately following, a small caliber round (most likely .22LR caliber), had gone through and through an area that was not covered or protected by the light body armor he wore. He went to the hospital where the wound was checked, and examined. Luckily, it was only a minor injury that healed on its own. Still – you want to be checked so you don’t have a similar – or much worse – injury.
Many people are surprised when the day after an interaction with a potentially violent threat, they discover injuries that were not noticed immediately following the incident. If you rammed your shoulder into a door frame as you tried to leave quickly, that would be an important element that could be discovered, and documented by EMS personnel within a few minutes of the incident occurring.
Depending on the location and circumstances of the situation, you are very likely to be tested for alcohol or drugs – if those doing these tests are smart, they will get a judge to issue a search warrant for obtaining the samples – if they do not get a search warrant, you might want to ask that they do so. This is not to be a “pain” or “uncooperative,” it is to help ensure that any samples are treated as evidence.
Evidence is packaged in sealed containers and a chain of custody is maintained. Anyone who has contact with that bag, envelope, or package must sign when it comes into their possession, and again when it leaves their possession or control. You do not want a evidentiary sample obtained from you, to be mixed up with some meth dealer that happened to be three treatment bays from you and had samples taken at the same time you were at the hospital.
Your firearm, and ammunition will very likely be taken into evidence – based on the severity of the situation (wounding vs death, whether charges may be considered, etc.), your firearm might be returned in a few days, or it could be kept in evidence until the case and any appeals afterward are resolved – that can take years. Some people who regularly carry a firearm for self-defense obtain a twin, or duplicate firearm to the one they carry most often – example, if they carry a Glock 19, they get a second Glock 19 and have both guns set up with identical sights, trigger, etc.
This is more likely to be needed should your primary gun need to be repaired or serviced, but if one gun will not be available for a while for whatever reason – you have an identical gun – which you have been rotating through your training cycles, alternating and switching between them. If one gun not available – it’s identical twin, that fits all your holsters and magazines, and that you have shot regularly – is ready to go.
Your hands may be tested for gunpowder residue. You and your clothing will very likely be photographed, as may all the items in your pockets. If there is damage to your clothing that occurred during a struggle, it will be photographed, and may be taken as evidence. If you have any injuries – scrapes, cuts, etc. – those will be documented and likely photographed as well.
What Happened?
“If you LIE – GOODBYE” If your verbal or written statement is not truthful, any credibility you might have had, is gone – say goodbye to it. Rather than commit to a specific fact, or distance, or number, or specific words that were used – you probably should be vague to some degree. You do not want to “lock-in” an answer, and then discover that a videotape, a photo, or evidence at the scene contradicts what you so firmly stated as being the complete and total truth. Were you lying? Were you confused? What other things did you say that also might not be either true or accurate?
Remember that you are under a huge amount of stress, do not directly answer questions unless you are completely positive that it is OK to answer, and even then, you might want to only commit to a “fact” very softly. Instead of “YES!” or “NO!”, maybe you should say something like – “Maybe?” “It might have been” “It could have been” “ I think it was, but I can’t be positive” “With all this stuff going on, I’m really stressed out.” “I’ve never had to deal with anything like this before.” “I think I’ll be able to give you an answer after I’ve calmed down and been able to process what happened….”
Example: following a short pursuit, a team of two police officers get the vehicle to stop in an apartment complex parking lot. As the officers call the driver out of the car, the armed man exits and starts shooting at the officers. The officers each return fire until the guy is down and no longer a threat. During the investigation the officers are asked how many rounds they fired – the first says “four or five,” the second “five or six.” The “problem was that there were about twenty empty 9mm casings at the scene, indicating the officers fired that many rounds.
The point is, these two officers, when confronted with someone who was shooting at them, did not stop and count the number of rounds they fired. Their focus at that moment, was to stop the threat in front of them. Now, a second issue, were they to have written those numbers in their report, as if they were confirmed and accurate, their statement would have been contradicted by the actual evidence at the scene – perhaps bringing into question whether the officers had been untruthful in their written statements.
You have just been involved in an incredibly stressful incident. One in which you believed that you were about to be killed or very seriously injured. A circumstance where brain chemicals caused a lot of physical and emotional changes in your ability to accurately perceive what was going on around you. Your brain recorded what was happening, but your ability to process those chemicals out of your body, and sort through and understand that information will take some time.
The International Association of Chiefs of Police (I.A.C.P.), is a national organization that has developed standards and best practices for law enforcement agencies. Their model policy for officer involved shootings recommends that the involved officer give a brief statement of the facts relating to what happened to investigators on scene. The involved officer should then wait until they complete two sleep cycles (typically twenty-four to forty-eight hours), before making any written statement or providing details about what happened. If it is good enough for those in law enforcement, I would strongly suggest it is guidance I would want to follow as well!
Miranda
The fifth step in Massad Ayoob’s Five Point Checklist relates to you being a suspect in a crime. The hope is that the shooting is very quickly determined – based on the evidence at the scene, and any witness statements – to be a self-defense shooting, and that you were justified in using that amount of force to stop an attack against you. However, there are several other potential outcomes, one being that your use of force was not justified, and you may have committed a criminal act.
This is very early in the investigation, and it is also very early in the process. Being suspected of committing a crime is much different than being arrested for committing a crime. Being arrested is different than being prosecuted for a crime. Being prosecuted for a crime is different that being found guilty of a crime. At this point in the investigation, if they believe you are a suspect, they need to tread softly in what they do if they continue asking you questions.
Miranda generally comes into play when two things are present: a crime has been committed, and you are suspected of committing that crime. Miranda is a protection against self-incrimination, you do not have to answer questions when the answer you give may incriminate you. Invoking your rights relates to your right to not incriminate yourself, that might still mean that you could be asked other general questions: name, address, phone number, etc.
If you are Mirandized (just like on TV: You have the right to remain silent….etc.), you should briefly explain to the officer that you have tried to cooperate with the investigation, and provided information, but that both your CCW instructor, and your attorney have advised you that if Mirandized, you should invoke you rights. If you think of something else related to the case, or after you have spoken to your attorney, you will be willing to answer any other questions they might have.
You need to actually invoke your rights – just remaining silent is not enough. In the 2013 case of Salinas v. Texas (2013), “Not responding to questions asked by law enforcement does not amount to invoking the right to remain silent.” Remaining silent, not answering questions of investigators, may actually be inferred in court as evidence of guilt. So, answer the questions, or, invoke your 5th amendment right.
If, after you invoke, you remember something that you believe those investigating the incident need to know – the bad guy threw the gun over there in those bushes – your mouth is not covered with duct tape, you can, even after invoking your Miranda rights, make a “Voluntary Utterance” a statement made – after some consideration and thought – (will this be a good thing to tell them, or not), to provide information that could help support your version of the events.
Voluntary Utterance: you have essentially been doing that since law enforcement arrived at the scene – you have told them you were attacked, you wanted the person attacking you arrested, you provided information about any witnesses, and you have pointed out any potential evidence at the scene. These statements have essentially informed law enforcement that you had some involvement, or at least you probably were present, when the shooting occurred. The difference is that your statements were not self-incriminating – they presented information that confirmed your version of what happened.
This is much different than an “Excited Utterance” where under the stress of the circumstances, you blurt out something that could appear to be detrimental to you, often an emotionally driven statement or comment. “I’m so sorry, I didn’t mean to shoot him!” “I should have listened an hour ago, when my friend said we should leave!” “I can’t believe I did this, I am so screwed!”
Or other statements that could be caused by a release of anger or frustration: “He pointed a gun at me, that stupid bastard deserved to be shot!” You can see how those outbursts can quickly create problems. If you speak, use only factual statements without emotion: “He attacked me, I had to defend myself!” If possible, resist the desire to have an emotional outburst.
There is a silly myth out there that you only need to say “I was in fear of my life” – and that somehow, those are magic words that equate to a “get out of jail free” card – that is not the case. Words alone do not make something true, saying “I just won the lottery” does not make it so. Your perspective will need to be explained, justified, and clearly articulated before that kind of determination is confirmed.
As the case is investigated, facts and evidence present at the scene may be able to support your contention that your life was at risk. But, if the guy was sitting at a table 30 feet away from you, where he had been for the last twenty minutes, unarmed, saying rude things about your mother, and then when you said “Shut-Up!” His response was “I’ll Kick Your Ass!” and you then drew your gun and you shot him – you will probably have trouble convincing the investigators and the court that your life was in immediate danger.
Representation
Having an attorney with you to guide you through the process is an excellent idea. It does not mean you have committed a crime, or done anything wrong, it means you are getting an expert to help guide you through the process, and to look out for YOUR best interests during the investigation.
It used to be that not talking to the media was a good strategy. The case was to be decided in the courtroom, so not talking to the media made it a lot easier. Now, those who have been shot by law enforcement, or legally armed citizens, are getting representation that thrives on making allegations and telling wild stories that focus not on the facts of what happened, but on ways to tug on the emotions of the public, pushing an agenda, or otherwise shifting the focus from the facts, to emotional responses.
With high profile cases that have been “tried in the arena of public opinion” – you and your attorney NEED to understand this new challenge. Just as you need to establish the dynamic and establish the narrative as law enforcement arrives at the scene, you and your attorney – or media spokesperson (yes, having a media savvy person to address media questions, might be better that letting your attorney do so – they might be a great trial lawyer, but are likely weak with dealing with the media, and the pitfalls of public relation strategies, instead, get a subject matter expert to serve as your media contact and spokesperson).
The public needs to understand that you are an honest, law-abiding citizen, who is trained and licensed to carry a firearm. With defunding of law enforcement, increases in the amount and intensity of criminal activity, it only made sense for you to be armed, trained, and prepared for the incident that you hoped would never occur, but as it did happen demonstrates, your need to have been ready to protect yourself.
Many of you know that some companies and organizations offer “Post Shooting Assistance Programs” – the term “Insurance” is not used as often, because many states require “insurance” to meet the requirements of state insurance boards – and the services offered by these programs are generally outside the scope of typical “insurance” companies.
If you are involved in a self-defense shooting, these programs offer the services of an attorney that has experience in this area, or compensation for an attorney you choose. Call them, and you’ll have someone to help guide you through the process. Several of these programs offer additional training and information about what to do after a shooting to reduce your chances of being arrested.
I have my own preference as to what program I prefer, but the one I choose may not be the best program for you. Spend the time, do the research, and find a company that provides a product and program that meets YOUR needs. You can also ask around, and find a local attorney that could represent you – keeping them on retainer, and ready to respond if needed.
Make sure whoever you choose has actual experience and specific training in self-defense shootings, and self-defense law. This is not a common part of the curriculum in law school, and you do not want someone learning what and what not to do as he/she is representing you. You also don’t want the guy that did your cousins will, or specializes in real estate and property law to represent you in a self-defense shooting…
The bottom line: Experienced investigators and crime scene technicians can tell if a crime scene matches the versions of what happened provided by witnesses and those involved in minutes. If you did the right thing, and were justified in shooting, the scene should reflect that. If you screwed up: the scene will show that as well. Even if you make a mistake, the legal system understands mistakes are different than intentional acts. As Police Chief and law enforcement use of force instructor Jeff Chudwin says about the actions you took: “You don’t have to be right, you have to be reasonable.”
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