After a critical incident, an involved officer faces quite a bit of scrutiny. Unfortunately, much of this attention isn’t in the best interests of the officer. Because of this, the first statements an officer makes (if he speaks at all) after an officer-involved shooting are critical to that officer’s future. This article will delve into defending an officer’s actions in every venue where those actions will be questioned. Many union attorneys advise officers involved in a critical incident to “say nothing until you talk to me.” They advise against giving a public safety statement—a statement provided to initial supervisors about issues of public safety following a shooting. Even though this is pretty standard legal advise, is it the best counsel for everyone involved?
While the gun smoke is still in the air and the paramedics are moments away, it’s often only the involved officer who is able to relay vital information about the circumstances of the incident. Additionally, the post-shooting actions of that officer may determine the practical value of the evidence, and perhaps the viability of the followup investigation. All evaluations of that deadly force response are based upon the involved officer’s state of mind at the time of the shooting—what he knew or reasonably believed that led him to pull the trigger. The officer’s version of the events will be supported by crime scene evidence and witness statements. Without such evidence, officers may have a difficult time proving facts that almost always exonerate their actions. The loss of evidence backing up the officer’s version of the facts is a common theme I find as an expert witness in federal and state courts across the nation—and the key reason we sometimes lose what should have been defensible lawsuits.
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