Gunfighting - Part 3: The Aftermath

As discussed in the previous two Standing Tall articles on gunfighting and the article on realistic firearms training, the aftermath of any violent confrontation can be as stressful as the confrontation itself. Most gunfights are over very fast, seconds in fact, but the aftermath to include investigations, court cases and civil liability issues can last years. You have already demonstrated an acceptance this can happen to you by carrying a firearm. Armed citizens should ready themselves for a possible gunfight with realistic training and ready themselves for the aftermath with a legal presence of mind, another kind of situational awareness, and an insurance policy. Do not rely on your innocence protecting you, there are plenty of innocent people in jail.

Essentially, there are two parts or phases to the post shooting aftermath. First, there is the immediate phase which starts as soon as the scene is secured and will continue for at least the next few days or weeks as the relevant law enforcement agency conducts its investigation. Then comes the protracted phase which usually starts as soon as the law enforcement agency has completed its investigation and can, as noted above, last years if there are criminal charges or civil lawsuits. In this article, we will focus mostly on the immediate phase as this has many similarities regardless of the specifics of the situation but will address some of the major points of the protracted phase. It is important to note these phases can have some overlap and may have no distinct beginning or ending.

The Immediate Phase. Now the shooting is over and responding police officers have secured the scene, you are in danger again, albeit a different kind of danger, with some of it coming from directions you never expected. You will be experiencing an emotional rollercoaster; you may already be in handcuffs on the ground and 'detained', the police having 'seized' your firearm. It will be hard to get your thoughts together and you may see all kinds of people taking cell phone video of the entire scene.

As noted in Gunfighting Part 2, what happened in the blink of an eye, maybe at night, certainly under terrifying circumstances will now be examined, dissected, reviewed and evaluated in the cold light of day, taking as much time to deliberate as needed. All of this will be done by individuals who may never have experienced this kind of situation, including police officers, or are not trained or familiar with making split second decisions based on minimal available information, particularly lawyers. And then…they will judge you and, maybe, send you to prison! You must accept the aftermath of a gunfight is also a fight and like the first one, you must win it to survive.

Understand, a police investigation is as much about assigning blame as it is finding the truth. Initially, the police on the scene will probably be uniformed patrol officers who may have no direct responsibility for the investigation but they are a part of it and are required to assist it. And the detectives who will conduct the investigation, are not be far behind. The most important action you can take at this point is to keep your mouth shut. Do not talk to anyone, bystanders, the press or police. This will be difficult, you will want to talk, a lot! Resist the natural inclination to 'get your side of the story out' at this point, there will be time for this later with a lawyer present. Other than providing and confirming your identity and that you were involved in the incident, you should politely refuse to answer any questions. Use the phrase, "I understand you have a job to do but, I do not wish to talk with you until I have a lawyer present." This is your right. Many police departments protect their own officers by adding this to their post shooting policies and permit questioning only after a twenty-four-hour cooling off period, allowing time for the officer to obtain legal representation. You are entitled to no less.

Officers arriving at the scene will, more probably than not, frisk you looking for weapons but do not give the police consent to search you or any of your property. This includes your house if the incident happened at your home. They have the legal right to conduct a protective sweep looking for other individuals who may present a threat but, in the case of your house, they still need a warrant to search for evidence. They do not need a warrant for your car but they do need probable cause. Bottom line, do not give them consent at this point for any searches. Remember, if they are asking for consent, it means they probably don't have any other warrant exception requirement to search.

One aspect of your life that may make you vulnerable in any post shooting aftermath is your social media profile. This readily available data can be very damaging when misconstrued, spun or blatantly lied about. It will be too late to 'sanitize' or 'soften' your Facebook account after a gunfight. Avoid posts, language and photos that may make you look like a somebody looking for a fight. The Kyle Rittenhouse case in Kenosha, WI is a perfect example of how the prosecution, politically driven, used Rittenhouse's social media posts to paint the picture they wanted.

All of this should also be communicated to any family members or friends involved either directly or indirectly as witnesses.

The Protracted Phase. This phase has the potential to last a very long time and get very expensive as it may involve actions such as criminal prosecution and trial and then, usually after determination or completion of criminal proceedings, follow on civil actions. Even fully justified shootings that result in no criminal prosecution can still result in civil legal actions including cases where the actual criminal claims victim status and sues the person defending themselves! Obtain legal counsel immediately, preferably one who specializes in use of force or defensive action cases. It can save time, money and heartache if you have already done the research and identified a suitable attorney for these circumstances if necessary. Carry their cell number in your wallet! When eventually talking with or making statements to law enforcement, even with your attorney present, be careful of your terminology as your attorney may not be familiar with firearms and tactical terms. It is important to stress, if your attorney doesn't tell you, that your only intent was to 'stop' your aggressor from killing or seriously injuring you (or possibly someone else) and you did not see any other alternative, regardless of whether one existed or not. You did not want to kill him, a big difference! Keep it simple, if they didn't ask, don't offer and avoid terms that may give a false impression of your actions or intentions including the words 'kill', 'killed' and anything describing your aggressor in a derogatory manner such as 'scumbag'!

The expense alone involved in the protracted phase has the potential to destroy your finances and therefore your life. If you carry a firearm serious consideration should be given to obtaining specific liability insurance such as Carry Guard, Self Defense Legal Services or US Concealed Carry Association. This insurance differs greatly in what is covered so, just like your firearm, make sure you carry what you need.

There may be a huge amount of media interest, the amount being determined on how high the profile and how it fits with their agenda. Many in the media will have no qualms of twisting the facts, even outright lying, to ensure the narrative is in line with the anti-gun agenda. This one aspect of a self-defense incident continues to surprise and shock honest individuals involved in these situations, it shouldn't! Later, you may face criticism from even your friends and neighbors because not everyone will see it the way you did or do and many already see you as the bad guy because of their own politics.

Today, what happens in the aftermath of a gunfight demonstrates the fight is not over. Do not fall into the trap of thinking everyone will at least have an open mind and ultimately agree you and your actions were right. Many will condemn or question your motives without even knowing you or the facts. You may need to spend a great deal of money to stay out of jail and your life may be changed forever. By understanding what can happen and taking the steps to prepare and mitigate the leftist, anti-gun motivated attacks, you will continue to stand tall after surviving a gunfight