Thread: Silence
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Old May 14, 2013, 01:21 PM   #27
Gaerek
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Join Date: October 3, 2012
Location: Arizona
Posts: 939
Quote:
This is where we disagree. The justice system simply does not like any citizen use of guns (even for self defense) and the user of a gun will always get extreme scrutiny. Making the first 911 call 'may' help, even slightly, which may be a benefit, eventually, but will never automatically confer victim or ‘complainant’ status to the caller. It is not unusual for the 911 operator to errantly transfer the (mis)information to LEO.
My information comes from Massad Ayoob. He talks about it in the Gun Digest Book of Concealed Carry. He even shows a case where the assailant got to the phone first, and was listed as "complainant" (aka victim) on the police report. It ended in a long drawn out legal battle. I believe the man avoided jail, but he had to prove he was the victim, even when he had the original police report and investigation working against him. Not to mention, the "victim" (aka the person who called first) got to play the victim card through the entirety of the trial. All of the investigation was based on that. This is simply the way it works. Call 911 first, get listed as the complainant.

I never once said that calling first exonerates you and makes you innocent in the eyes of the law. It helps to establish your position as victim. It means that the responding officer(s) list you as the complainant. It means that the investigation goes forward with the assumption that you're the victim (until proven differently).

Speaking of Zimmerman, he WAS listed as the complainant on the form. He was let go. It was only after the DA got a hold of the case that they decided to press charges. The responding officers, and investigators believed it was a pretty clear cut case of self defense. In his case, calling 911 first didn't help. But imagine if he hadn't gotten to the phone first? He would be in even deeper.
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