Aftermath of a Shooting: What to Do?

You own a licensed gun. You've just used it against a criminal who was trying to rob you or who had broken into your house. The sound of gunshots are still ringing in your ears. The smell of gunsmoke still lingers in the air. If in a public place, You have a small crowd gathering around you staring. If in your home, your crying and hysterical wife and kids frantically trying to call the police or barangay. Curious neighbors lingering around your house. A dead body with three holes in his chest and one in his face, lies in a pool of blood at your feet.

What now?

1. DO NOT STAND OVER THE DEAD BODY WITH A GUN IN YOUR HAND. Put away your weapon and do not show it to the first responders. That is the surest way of getting shot yourself. Remember the police just got a call of a shooting. They do not as yet know who the bad or good guy is. Any armed person at the scene will be assumed to be the bad guy. So do not make yourself a target.

2. BE COOPERATIVE WITH THE POLICE. Inform the police of what had happened, with a calm and assuring voice. Do not go hysterical. Do not fight with them or resist. They will ask for your weapon, give it to them, but if possible ask for a receipt later. Voluntarily submit to picture taking, give your name, address, fingerprints, etc. These are routine. Everything will eventually be sorted out, so do not worry.

3. DO NOT ANSWER ANY QUESTIONS YET ABOUT THE INCIDENT. You have the right to remain silent. This sounds like common sense. But majority of people would amazingly and willingly answer questions in a police interview and sign a "statement" prepared by the police. This is sheer stupidity. Remember, you have the Constitutional right to remain silent and to the presence of a lawyer of your choice. In the immediate aftermath of a shooting, your mind is unclear, your nerves are shattered, you have a feeling of uneasiness. Those are natural reactions to taking another human life. This is therefore not the best time for you to be answering questions from the police or giving a statement. Normally, you would want to have the situtation diffused first, your mind and nerves rested, and your lawyer present, BEFORE you answer questions from the police regarding the incident. Take your time and do not be in a hurry. Do not be bamboozled by the police into talking to them. Remember that silence does not equal guilt. Above all, THINK FIRST.

4. DO NOT TALK TO THE PRESS. Never, ever talk to the press. In the aftermath of a homicide the press, particularly beat reporters who are hungry for a story tend to exaggerate the facts to suit their audience and sensationalize their story. This will be done AT YOUR EXPENSE. Woe unto you if you allow yourself to be interviewed by the press, who will be in a frenzy to get the "scoop". Remember the press is there to make a story and to sell the news. They don't care about your innocence or guiilt. The more you say, the better for them, the worse for you.

5. CALL A LAWYER IMMEDIATELY. Remember you have the right to a lawyer, preferably one of your choice. By law, your lawyer should be granted access to you by the authorities wherever you are, at any time of the day or night. Insist upon the presence of your lawyer and make sure he arrives and is there. The presence of the lawyer is your BEST SAFEGUARD against abuses by the police or military.

Choose your lawyer and get his cell phone number NOW, before the violent incident occurs. Not when you are already in jail and are fumbling for a telephone number to call. That is the worst time to be looking for a lawyer.

Do not agree to have a free lawyer appointed for you by the police. That is a common trick. The Police or military normally trick detainees to agree have a free lawyer assigned to them. It's all a ploy. The public lawyer is in truth in cahoots with the authorities. The free lawyer will then urge you to make a signed confession prepared by him purportedly in exchange for a quick release. Remember you are entitled to a lawyer OF YOUR CHOICE. So YOU choose one whom you TRUST.

Aftermath of a Shooting: What to Do?

Even if you do the above statement, stupid police officer's will charge you of homicide? and put you to jail right there and then...Is there a way we could avoid this? even a prima facae is self defense?

Self defense

Yes you may have the case dismissed at the level of investigation, IF IT IS A CLEAR-CUT CASE OF SELF DEFENSE. However, since this is rarely the case, the police will still have to detain you pending a determination of the full facts of the case through investigation. This may take some time. If, however, you are brought before the prosecutor immediately after a shooting and right then and there you are subected to an inquest proceeding (to determine whether or not charge you in court), always insist that you have a lawyer present so that you may be guided on what to say and how to say it. Also the proceedings can be explained to you on a step by step basis.

 

The stupidest thing you could do at this point would be to make signed statements without your lawyer present. Remember: "Anything you say can and will be used against you in a court of law." So keep quiet until your lawyer gets there.

Even if you do the above

Even if you do the above statement, stupid police officer's will charge you of homicide? and put you to jail right there and then...Is there a way we could avoid this? even a prima facae is self defense?..

 

I have to agree with the above statement, sana may legal access tayo lahat at hindi bias ..Most of the time kahit in the act of self defense dehado parin.

The information given is a

The information given is a gold mine specially for new owners of FA.

Sir fallujah ano po number nyo? hehehe

My Number?

As a lawyer, bawal kami mag-advertise. hehe

Seriously, since I am currently serving as an officer of the Integated bar of the Philippines, Quezon City Chapter, I am gathering lawyers' names and offices, telephone nos., on a per region/ city basis so we could have a database of lawyers who could be called upon to respond to the needs of shooters.

In addition, Whipit is coming up with a secretariat which will act as a first responder to calls for assistance from shooters who get involved in incidents.

As for me, I will also be on the list. Meantime, you may PM me anytime here or in Pinoy Guns.com

Detained?

If they ask you to be detained, invited you to stay at the precint?

1. You will not comply as charges has not yet filled against you?...please speculate to the moves of the police and your what to do?...(suspect should be innocent until proven guilty di ba?)

 

2. You comply pero more than 48 hours na, nan dyan ka pa rin sa bartolina at walang kaso ipinakita sa you at sabihan ka lang meron at dadarating daw...pero walang papeles up to now!

 

bro fallujah maraming tanong noh!...kasi gusto malaman ang mga what if? para alam mo ang gagawin....know your rights di ba....no one can better explained than a lawyer.... :)

detained?

If they point M16's at you and march you off to jail, there is nothing much you can do di ba? Except pray! (parang Morong 43) hehe

Mahabang usapan eto bro. I'll just make a separate thread on rights of detained persons. We have a law protecting the rights of persons under custodial investigation, i.e., under police detention immediately after the commission of a crime. Basically, you have the right to remain silent, a lawyer, phone call, right against being tortured, coerced, etc. You best safeguard is really to call your relatives, family, or a lawyer and have them present during this critical time. The presence of other people usually keeps the cops within the bounds of their authority.

There are also time limits for the cops to detain you 9, 18, or 36 hours depending upon the gravity of the crime committed. Within these periods you have to be either brought before the inquest prosecutor and charged or you must be released if no charges are filed within these periods.

More on this in a separate thread... ;)

maraming maraming salamat po

maraming maraming salamat po sir fallujah,,,,,

Presumption of Innocence

Remember always that we have a Constitutional presumption of innocence which make us innocent of any crime until proven otherwise in a court of law after trial. The burden of proving that you have committed a crime falls on the prosecution and not on you to prove your innocence. Remember the usual line "kung talagang inosente ka susunod ka sa gusto namin" or if you are being hounded by media men to make comments "Kung talagang wala kang kasalanan eh magsasalita ka" Do not be tempted to make statements that will incriminate you later. Just say no comment or do not talk at all it will not matter because it is our right to remain silent. Silence is never a determinant of guilt.

public lawyer

with due respect sir, please do not make it appear that all public lawyers do not mind the rights of an accused. There are public lawyers who readily assist persons under custodial investigation especially the underpriviledged and when i sat assist it includes explaining to him his rights as well as the procedure during the investigation and eventual inquest proceedings. Although the services of a public lawyer is free it does not mean that he is not competent and trust worthy. :) Going back to our topic, in the given scenario the probable defense of the shooter is self-defense or defense of relatives. The problem is whenever you raise this kind of defense, you already admitted killing a person and the burden of proving that the killing is for selfdefense is rested on the person invoking it. Sa madaling sabi, ikaw ngayon ang magpaptunay na justified ang ginawa mo pagpatay para hindi ka maparusahan. Almost always, pag napunta ang kaso sa husgado, nagkakaroon ng reverse trial, meaning mauuna ang akasado na magprisinta ng ebidensiya bago ang nagdedemanda. :)

alternative

Okey advise ni attorney. Legally, dapat ganun gawin natin pero payag ba tayo na makulong? Sa inquest, malaki posibilidad na ifile ng fiscal ang kaso because of our admission na nspatay natin ang tao, the next best thing na gagawin ng lawyer ay magrequest ng investigation. Pero habang iniinvestigate ng fiscal ang case, nakakulong ka. Pwedeng tumagal ng ilang araw o linggo. So ano best way after the incident? Pwedeng lumayo ka muna after the shooting para hindi ka hulihin ng pulis, mga ilang days bago ka lumutangvuli at sagutin ang demanda sa piskalya. Sa ilang araw na lumipas, hindi ka na pwede hulohin ng pulis ng walang warrant, so hsbang under investigation ang kaso nasa lsya ka. Oks ba? ;)