POLICE-CITIZEN CONTACTS AFTER A DEFENSIVE DISPLAY OR SHOOTING

BY: STEVE MOSES

Most students have probably not given much thought as to what might occur when they encounter a peace officer (used here as a generic term to describe a person licensed by the state or federal government who is granted the authority to detain and arrest others) immediately after an incident in which they used force or threatened to use force against another individual or individuals.  The possibility of miscommunication exists anytime there is an encounter between two or more parties. Contact between the student and responding peace officers  immediately after a shooting or even defensive display of a deadly weapon in which the student lawfully used or threatened to use force against another individual or individuals is a high-stress situation for everyone, most especially when all parties are armed.

Peace officers are aware that  controversial or questionable actions taken by him or her will be scrutinized  by the media (who may take  liberties with the actual facts), his or her own department, the state in which they were licensed, and in some cases  even federal agencies. This is most especially true when it comes to shooting people. One of the last things thing a responding peace officer wants to do is shoot a “good guy.” Shooting private citizens who are not criminals by mistake can end a career and even result in a felony charge.  However, they are just like the student in that they don’t want to be injured or killed either.

Information provided to the responding peace officers before they arrive at the scene may be limited and/or confusing. More than one 911 operator may have received multiple calls covering the same incident that relay information that is conflicting or even intentionally false.

Students should consider visualizing what the immediate aftermath of a defensive display of a handgun or actual shooting may look like and  not do anything that would make incoming peace officers believe that they are a threat to their personal safety. This may take some work if  a person remaining at the scene who just threatened or attempted to kill them still remains dangerous. The student is likely adrenalized, and his or her natural instinct is to completely zone in on the threat to the exclusion of almost everything else. It is entirely possible that may not see or hear responding law enforcement approaching.

The student  should holster or at least set aside the handgun and take a step away from it before peace officers arrive or as soon as they are in view. Long guns should likewise be set aside and stepped away from.  This may not be advisable if the attacker is still at the scene and capable of resuming his or her attack at any moment. Options might include loudly announcing to the arriving peace officers that “he still has a gun” (or knife, etc.) and “what do you want me to do” while keeping the muzzle of the firearm aimed at the ground in a  safe direction.

Non-verbal communication can go a long ways towards assuring peace officers that the student is the “good guy” in this particular situation. Many shootings do not involve both a “good guy” and a “bad guy.” It is probably safe to say that in many instances both parties are “bad guys.” Responding peace officers may arrive to find that everyone at the scene represents a serious risk to their safety. Our goal  should be to let the responding officers know that we are not a threat to their safety, but instead the  victim who summoned them.

Promptly follow all commands. A non-threatening demeanor and obvious willingness to cooperate with commands may suggest to the responding peace officers that the student is indeed the victim of the crime. For those of you that have not spent much time around criminals, some of them are what I would describe as remarkably creative liars  that will try to convince responding peace officers that they were the victim instead. If so, a simple shake of the head indicating that this is not the case might be in order. Engaging in an argument or making a detailed statement should absolutely be avoided since any information volunteered may be included in the officer’s report or video recording and can later be used in a trial. Perhaps a good response when asked what occurred is something to the effect of “I had to use my gun to defend myself, and I will fully cooperate after I have talked to my attorney.” However, I would point out the location of any weapons the attacker had in his possession as well as any other evidence (I once had to point out a screwdriver to police that a burglar used to get to gain access to my apartment) and/or witnesses to what took place.

The objective of this article to drive home the fact that our physical safety is not guaranteed until law enforcement has arrived and safely assumed control of the scene. Private citizens should gain a greater understanding into the challenges facing a person who is coming to their aid that just like them wants to go home unharmed that night. Advance preparation can also go a long ways towards achieving a more positive outcome when it comes to dealing with the aftermath of an armed encounter with a dangerous threat from both a civil and criminal  perspective.