Visitor Question

Shot Without Warning by Police…

Submitted By: Mario (Houston, TX)

I was followed out of a club at the end of the night by 4 intoxicated men. I happened to be slightly intoxicated as well. While I was exiting outside my uncle pulled up to get me and these guys start ramming the car, trying to run over me.

My uncle stopped and opened the trunk and I grabbed a gun just to scare them. Out of nowhere I was shot 4 times by the police department, without warning. As soon as I got out of the hospital the case was dismissed. Now I’m 100 percent disabled.

Many attorneys don´t want to take my case because they say I’m just lucky to be alive, but my father is extremely upset and wants me to file my own lawsuit. How could I do this?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Mario,

If you raised the weapon and the police issued to you a command to drop the gun and you didn’t, they were within the law to shoot you.

Or,

If you raised the weapon and the police believed you were about to shoot someone (whether you were trying to scare them or not), they were within the law to shoot you.

Or,

If you raised the weapon and the police issued to you a command to drop the weapon and you weren’t able to hear them, they had a right to shoot you.

Or,

If you didn’t know the police were there, nor hear them issue any commands to drop the weapon, they still were within the law to shoot you.

Or,

If there weren’t any bullets in the weapon, they were still within the law to shoot you.

You say you only took the weapon out of the trunk to scare someone. That may very well be true, but it will be your word against the police as to what they believed your intentions were when they saw the weapon in your hand.

You might say you didn’t raise the weapon high enough to be considered pointed at someone. The degree of height with which you raised the weapon, or your intent to discharge the weapon were subjective and intangible issues left to be interpreted by the police.

When the police saw the weapon and they believed your intention was to inflict serious bodily injury or death upon another human being, they were within the law to shoot you (whether you actually intended to harm anyone or not).

Compounding your problem was the issue of the number of officers who shot you. Your facts indicate there was more than one officer. That means at least two (or more) officers believed your intention was to discharge the weapon upon another.

Once the police saw “GUN” their training kicked in.

If they believed your intent was to discharge the weapon to cause serious bodily injury or death to another person, they were well within their legal rights to shoot to kill. It will be hard to prove otherwise.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: November 30, 2011

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