“Responsible Gun Owner” Servando Flores has been arrested for the second-degree murder of Edward Tanner, Jr. during an altercation at Flores’ residence.
20 November 2015, Adams County, Colorado
Adam’s County Prosecutors have declined to file charges against Flores in the shooting death of Edward Tanner, Jr.
Because self-defense is not a crime and Tanner, along with two accomplices, was engaging in the robbery or assault of Flores when he fired. Authorities aren’t quite sure which.
What we do know is that for 19 days a man was accused of a violent crime he didn’t commit.
This is not uncommon and it’s something that YOU will have to deal with in the unhappy event you are forced to engage in a Defensive Gun Use.
Depending on the circumstances, you may be imprisoned, released on bond, or permitted to remain at liberty until the authorities make a decision.
Until that decision is made, you get to suffer. You may lose friends, employment and, depending on how much the media hypes it up, may suffer the slings and arrows of protests and seeing your name trashed in the media as ‘the killer’.
You may find yourself the subject of civil suits claiming wrongful death, negligence, recklessness, or loss of income from the death of a family’s sole earner.
You also get to enjoy not being able to talk about the incident to anyone after your lawyer informs you that any statements you make to your friends, family, or the media may be used against you in court and will DEFINITELY be used against you by any “news” outlets with an agenda.
(Please note, we’re a blog, we present our opinion. News outlets are supposed to project truth, not agenda-driven opinions disguised as hard news.)
Be patient. Let your lawyer handle this. In the event of a Defensive Gun Use, after the media have thoroughly trashed your reputation, the prosecutor’s office will look at what is sometimes called “the totality of the circumstances”.
This means that they will look into your version of events (if you give one), the witness statements, physical evidence, past interactions between you and your assailant, and any other facts which may be relevant.
Eventually, they will make a decision. You will wind up immediately indicted for the crime, remanded to a grand jury for them to decide if there’s enough evidence to indict, or no-billed (prosecutor declines to file formal charges).
Hope for the no-bill, but be prepared for a long, hard road.
Have a lawyer. Sometimes Being Your Own First Responder isn't enough for the Good Guy With A Gun.