We discussed this in the seminar we had at PSC a few months ago. There are two different times you would likely be talking to an investigating officer after a shooting. One is at the scene and the other would be during an interview at the PD. If I were faced with that situation, I would give the officer responding to the scene a short statement of what happened, avoiding the use of any inflammatory terms. To say more at a time when you likely would be very upset and suffering from adrenalin dump would be unwise. If the officer or a detective felt a full interview would be required, I wouldn't do that until my attorney was present.
My concern with remaining totally silent at the scene is the effect this will have on the officer first responding. He has to put something in his report and I don't want it to be "I asked the subject what happened and he just gave me a blank stare," or "I'm not talking until I have my lawyer with me." I much prefer a short and accurate statement. However, if a person's personality will not let them give a short response, then they could respond with something to the effect of "based on advise of counsel, I will be happy to talk to you when my attorney is present."
Regards,
Chas.
