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Old 06-21-2013, 12:35 AM   #11
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In a best case scenario the gun is taken as evidence and a thorough investigation is completed. The results are presented to a Grand Jury who refuses to indict and "No Bills" the shooter. The gun is returned shortly after the Grand Jury reaches their findings. Life goes on.

In a worst case scenario, the police arrest you, parade you in front of the media in a "perp walk", paint you as a vigilante, the "victim's" family go in front of the media declaring their little angel was misunderstood and about to get his life turned around, the Grand Jury indicts you, your name and reputation is dragged through the mud by the national media, you are tried, convicted and sentenced to life in prison and lose every thing you ever had.

Either scenario is possible depending on the exact circumstances and locale.

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Old 06-21-2013, 12:36 AM   #12
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Quote:
Originally Posted by Doc3402 View Post
I believe it is like that in Arizona, even if it is a LEO taking a life in the line of duty.
But certainly not in Texas
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Old 06-21-2013, 12:41 AM   #13
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Quote:
Originally Posted by robocop10mm View Post
But certainly not in Texas
I would think a "mandatory arrest" would be problematic for the investigation?

I'd imaging shooters are more talkative "before" hearing their miranda rights than they are "after?"

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Old 06-21-2013, 12:51 AM   #14
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There was a most excellent thread on xdtalk.com forum. Woman was home with her children when three (?) guys broke into her house. It was eye opening to read their first hand account and all they had to deal with. Tom Gresham (guntalk radio) claims a justifiable SD use of a firearm can cost you upwards of $100k. That first hand account confirmed it.

Couple of points that stuck with me
relatives of the dead bad guy were bent on revenge
do you have an attorney on speed dial
dead guys blood is hazardous waste
counseling isn't cheap, you just killed somebody
Can you continue to live in the house after somebody died there

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Old 06-21-2013, 01:32 AM   #15
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Thanks for all the help guys. It gave me some good insight. I understated each local law varies but the general idea was found. When it all comes down to it, judged by 12 than carried by six.

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Old 06-21-2013, 01:37 AM   #16
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Excellent points by Robo and Part 2uce.

ServiceMaster in most areas can do biohazard cleanup AFTER the LEOs finish with their investigation, Google is your friend. There are no teams of elves that show up magically to remove hobgoblin from the ceiling (spatter) Your Homeowner's insurance MAY pay for it, after deductible. Check w/ your agent.

Make the acquaintance of a lawyer that handles criminal defense NOW.


Simply WAY too many variables to give a pat answer. A righteous shooting will usually still be presented to a grand jury for their review- partly as proof that the authorities are not covering up anything.

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Old 06-21-2013, 01:45 AM   #17
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What Robocop and Locutus said.

i've been involved in two home invasion shootings. Two bad guys were killed and two others wounded, one very badly. During the first home invasion my wife shot a scumbag between the eyes with a .357 magnum. The responding state trooper Sgt. was a neighbor and friend of my wife who she called after the shootings. When the trooper came in the door his words were: "Linda, you did a job on this sob". He then cuffed the guy i wounded: The Sgt's. backup trooper soon arrived. Both perps had long criminal records. They had been stalking my wife for some time and had followed her home from work. Our guns were not confiscated and we were never arrested.

In OK the police may not arrest a victim of home invasion who shoots a home invader unless there is evidence a crime has been committed. The gun is usually taken. In one well publicized case deputies bought the lady a new shotgun to replace the one they took. OK prosecutors simply decline to indict in the vast majority of righteous shootings involving home invasions. Most OK sheriffs do not conduct comprehensive investigations into righteous shooting cases.

BTW: Neither my wife nor i ever gave much thought to our actions or the deceased perps except to reflect on the fact that we came close to being killed. We were never overcome with guilt for defending ourselves.

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Old 06-21-2013, 01:59 AM   #18
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The replies have scared me a bit, to the point where home defense seems so overwhelming. It is the world we are living in. But still, I will remain vigilant and will not hesitate to defend me and mine. The law is there to scare us but in reality, the GOOD officers are on your side. If you have no bad record and the shooting does look legit and your are clear, the law will step aside, the police will say "you did the right thing" and life will go on (depending if you can, like others said, move on with the fact that you killed someone)"

I don't have a lawyer's number on hand so what is the next best thing to do? Also, how do children who rightfully defend themselves get treated? Do you as the parent get in trouble for allowing your children in contact with firearms (I know there are cases where this has happened but did not get the chance to see the legal side of it.) Thanks again guys.

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Old 06-21-2013, 02:10 AM   #19
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More importantly is, what will happen if you don't defend yourself. Being pestered a bit after is certainly better than being buried.

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Old 06-21-2013, 02:12 AM   #20
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Find a good attorney and make his acquaintance.

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