knljr wrote:I know there are situations where folks want to talk to LEO's at a scene - but don't.
If I thought it was a bad shoot, I would follow the advice of a criminal attorney and shut up.knljr wrote:I think this is appropriate; "I acted in self defense and I am willing to cooperate fully but I would like my attorney to be present."
Letting the police know your cooperative but still wish legal counsel is whole-heartedly endorsed. That sounds a lot better and puts everyone at ease instead of telling the first officer "I'm not saying anything without a lawyer!"
However, if I thought it was a justified shoot, I am going to act like an ordinary good citizen, not a criminal defendant. An ordinary good citizen is going to say something like ""Officer, I am the one who called you, this is the man who attacked me, he may still have a weapon, I do not know if there are any more." An ordinary good citizen is also going to take appropriate steps to protect his interests.
The primary value of Ayoob's "Five Points" shown above is it gives the responding office a starting point. Waiting 24 hours is too late, because there are a lot of things the cops need to know before they can establish in their mind who's the good guy and who's the bad guy.
We've all heard the standard saying that we only get one chance to make a first impression.
Basically, the police officer who is there on the scene will be the one whom the court will be looking to, to say, "what do you think?". The court, the prosecutor, and the investigating detectives will follow him. The tone of this whole investigation is going to be set in the seconds and minutes after the shooting has taken place. The four or five minutes after the shooting may determine where you get to live for the next 20 years.
Also, if you do not point out the evidence, it can disappear. Expended shell casings, for example, can get blown away or lodged in a tire tread. If you don't point out the evidence, the physical evidence that could have proved your innocence could be lost forever.
Similarly, you have to point out the witnesses. After a shooting the witnesses are thinking could this be some drug shooting or vengeful gang-banger? They don't know what's going on. "Do we really want to get involved?" If they leave, the testimony that would have proven you innocent leaves with them.