Just a point about use of force. We see stories like this on the evening news or in the morning paper with some regularity.
So and so (S&S) shot Bag Guy (BG) who was trying to kill him. The police are investigating but are not expected to file charges.
And the news cuts to a commercial or we flip over to the sports page and as far as we are concerned the matter is closed, justice triumphed and everything is good in this small part of an otherwise insane world.
Except that it's not over.
Once S&S gets released from the hospital he gets a call from the detectives assigned to investigate the shooting. Now S&S, if he has a brain, is going to get a lawyer to accompany him to that interview. And S&S wants as much justice as he can afford, so he gets an "A" list criminal defense attorney and gives him a retainer of $5,000.
Oh, wait, S&S doesn't have $5,000 to retain a good attorney. Seems he didn't pay any attention to Dave Ramsey or Suze Ormon when they said everyone needs an emergency fund for exactly this sort of event? So, S&S has to borrow up $3,000 from a friend to retain some "B" list talent.
S&S has to meet with the attorney to go over what happened so he/she can tell him what to say and not say. The billing clock is now ticking. S&S goes to the police interview with his attorney. The billing clock is still ticking. The interview goes well. The police say they are going to recommend no charges. 30 days later, S&S's attorney sends him a check for the balance of his retainer; $1,200.
Three months later, as he is walking to his car, S&S is met my a process server who hands him notice that he is being sued by BG for pain and suffering. The shooting didn't go to trial so the state's civil immunity statute doesn't apply because there was no ruling as to whether S&S's actions were justified.
S&S now has to retain a civil defense attorney. Another $3,000 retainer. Fortunately S&S has generous friends. S&S has to take off work to meet with the attorneys to prepare his defense. S&S has to take off work to attend the first hearing. And for the sake of simplicity we'll assume that the civil suit is dismissed while the court is hearing motions. 30 days later, S&S's attorney sends him a check for the balance of his retainer; $900.
So here S&S is. Months after the shooting, the lawsuits are finally over and although he prevailed at ever step, S&S's wallet is now $3,900 lighter, he's lost numerous days from work and had to live for months with the stress of potentially losing much of what he owns. That was the cost of a "good shoot".
This is a simplified version of what the aftermath of the use of deadly force can look like. Mercifully, I got to watch it from the sidelines rather than having to live it. Still, I paid close attention to it. Who do you think gave S&S the money for the attorneys?
