Just in Case…

In the 1931 case of Gibson v. Commonwealth, the Kentucky Court of Appeals summarized Kentucky jurisprudence on self-defense in a very definitive, and somewhat emphatic, manner. "It is the tradition that a Kentuckian never runs. He does not have to…he is not obligated to retreat, nor to consider whether he can safely retreat, but is entitled to stand his ground, and meet any (life-threatening) attack made upon him with a deadly weapon…." Gibson v. Commonwealth, 34 SW 936 (Ky. 1931).

There is no doubt that this maxim of legal thought still holds sway today in the Kentucky courts. Individuals who employ deadly force to protect their lives will generally receive favorable treatment from the Kentucky courts. However, after an individual employs self-defense, there is always the opportunity for that person to catch the dreaded, and sometimes fatal, disease known as "foot in mouth". This can almost certainly make a bad situation much worse.

If a CCDW Permit holder finds himself having just survived a shooting encounter with an armed attacker, he should keep several very important points in mind. First, stress to the investigating officers that you "feared for your life". This assertion helps to ensure that you meet the basic requirements under Kentucky’s law for self-defense. Prosecutors tend to rely heavily upon the initial impressions of police officers at the scene of a shooting. If a person is believed to have genuinely feared for his life, the prosecutor’s office is unlikely to pursue any prosecution against the victim. If, on the other hand, a person begins to recite dialogue from a Clint Eastwood movie, police may become suspicious and begin to make the victim, rather than the assailant, the target of the investigation.

Keep your remarks short and to the point when speaking to the police. Provide them with the Joe Friday "just the facts" line of information. Sometimes when a witness elaborates on aspects not in evidence he may hurt his own case. Do not tell the police about past "war stories" or how you have been "preparing for a day like this". Such dialogue only serves to make a generally sympathetic police officer more suspicious of your motives. Stick to the straight facts of the situation.

Finally, avoid talking to the media unless you feel comfortable in guarding yourself against incriminating remarks. Many times media representatives may be seeking to apply a certain "bent" to your story by putting words in your mouth. Television cameras, in particular, are attracted to the sensational. The image of the gun slinging cowboy, while certainly not a negative image in most people’s minds, can be manipulated by unscrupulous sources in the media to work against your case. Reporters will often attempt to portray individuals who carry concealed firearms for self-protection as acting out their boyhood John Wayne fantasies. If you find yourself falling into such a media trap, simply refer the reporters to KC3 media chairman Kraig Keller. Kraig can field questions in a safe way so as not to endanger your case.

The vast majority of citizens who are CCDW permit holders will never have the occasion to use their weapons in a violent confrontation. However, for the few who do, it is important to know how to react once the shooting is over. Use your own common sense as well as the points mentioned above and things should work out just fine. Remember, most law enforcement as well as the vast majority of the public are on your side. Don’t turn these groups against your case by making ill-timed remarks. Sometimes the most difficult obstacles to overcome are the ones encountered after you re-holster your weapon.

Attorney at law