CHLady wrote:In my opinion from what I've learned, one of the most important things you need to remember is that YOU are the victim and anything you need to say or do to get that through the officers head is to your benefit including saying something like "I can't breathe, I'm having a panic attack, I need to go to the emergency room, officer would you please take the weapon out of my holster....I don't want to touch it right now", etc.
Another thing I deem as important is that once you perceive yourself to be out of eminent danger you should always holster your gun for fear some 'Joe Blow' or even the police will come onto the scene not knowing the circumstances and blow you away as the bad guy.
That's all I have to add from the CHL class I took. Hope that helps a bit.
Making clear that the attacker was the aggressor and you the intended
victim is most definitely a good thing. You start that distinction by making the 911 call as soon as you safely can, and asking for an ambulance for the injured attacker in the same phone call.
For lots of good reasons, saying something along the lines of "I'm too shaken up to give a statement right now" can certainly work to your advantage. It would almost certainly be true whether you realized it or not due to the neuropsychological effects of a life threatening encounter, and your attorney will breathe a large sigh of relief when you finally get to talk to him.
You need to know that the distorted perceptions that come along with the dump of stress chemicals into your bloodstream and a skyrocketing heart rate won't subside for a while, and memories of the incident won't settle down for 24 - 48 hours. If you try to describe the incident before that time, you are very likely to say things that you believe to be true according to your perceptions at that moment, but that are demonstrably false from the evidence and other witnesses. This can make the difference in the responding officer's determination of whether it was a "good shoot" or not. Things like time, distance and sounds are especially prone to distorted perception. That's why police officers involved in shootings don't give statements until after that time period.
Saying some of the other things quoted above can be unhelpful since they could be construed by a prosecutor to indicate that you were unreasonably fearful, not fully in control of your actions, and were having regrets about what you had done immediately after the incident.
If you're having trouble breathing, your heart is pounding so it seems like it's going to break out of your chest, and you want to go to the emergency room, saying that is fine - but I would leave off the diagnosis, keep quiet, and wait for the ambulance.
Don't worry about the gun part either - responding officers will most certainly disarm you before you get a chance to say anything.