How Not To Defend Yourself

Vincent Nesta Trotter. an eastside Saint Paul homeowner who shot a guy who was alleged to have crashed a stolen car and fled from police, has given us an object lesson on what not to do in a self-defense situation.

Remember – when claiming self-defense, you have to prove you were in reasonable, immediate fear of death or great bodily harm, you tried to disengage, you used only the force you needed to end the lethal threat, and (when outside your home) made a reasonable effort to disengage.

And if, heaven forfend, you are in a shooting that you believe fits those criteria (and in Minnesota, it had better)? My first carry permit instructor, the late Joel Rosenberg, drilled it into his students’ heads; when talking to the police, say only:

I want to talk to a lawyer. I don’t consent to a search.

That – and pointing out evidence and witnesses who attest the fact that you met those four criteria above – are all you say.

You do that so evidence that you violated at least three of those four criteria doesn’t wind up in front of the entire jury pool in the local media. As it seems to have done for Mr. Trotter:

The complaint says Trotter followed police instructions and put the gun on the ground, telling officers, “I pull up and he’s by my door.” The complaint states he also said, “I told him don’t move, he moves, and I let 3 or 4 rounds go. I see blood, so I think I hit him. I tried to hit him. I carry a 45.”
Officers identified the man who was shot as the suspect in the auto theft incident, and believed that he had fled police not long ago. He denied that, but told police that he was walking through the yard at Trotter’s address when a man pulled up in a vehicle and began yelling. He told police he heard shots and got on the ground. He said he was walking away and the man yelled, “Don’t turn around,” then started shooting.

And as if that’s not bad enough:

Surveillance footage shows the shooting victim walk up onto Trotter’s porch and sit down, never attempting to get inside the home. When Trotter’s vehicle pulls up five minutes later, the video shows the victim walk down the porch steps and take about two steps toward Trotter. His hands are visible and away from his body.
The video then shows the man walking away from Trotter, “looking back over his left shoulder as he retreated,” the complaint states, and then Trotter advancing and a muzzle flash from the gun.
Trotter continues to advance with his gun in a “high ready position” while saying something.
“It is clear from the video that (the victim) was retreating away from Trotter as Trotter fired his handgun,” the complaint says.

I’m no lawyer (dear God, thanks) and Mr. Trotter is innocent until proven guilty.

But to the casual observer, it’d seem that Mr. Trotter was not in immediate threat of death or any kind of harm – the guy was walking away and seemed (according to the media report) to show no signs of being armed. He made no effort to retreat – quite the opposite.

We don’t know how the trial (or plea-bargaining) is going to go, but the moral of the story is this: if you’re going to carry a firearm for self-defense, learn the law. And figure out if it’s something you’ve got the temperament to do.

8 thoughts on “How Not To Defend Yourself

  1. Are any of you members of or are familiar with USCCA? I keep getting emails from them. They look legit, but doing due diligence. Having a hotline to help you navigate an incident, along with the legal assistance alone, seems worth the membership fee.

  2. Other news reports include the info that Trotter was involved a couple years ago in a defensive shooting when he and a family member were being robbed. He ended up wounding one of the robbers, and wasn’t charged in the shooting. Details from that incident (such as they were) suggested to me that even in that situation, Trotter was operating in some gray areas. The saving grace for him that time was that his assailant did have a gun – but I’d still say that Trotter’s decision-making skills still needed some work.

  3. I am forever being told that I don’t understand life in the minority community because of my privilege. That’s why they get to march down the freeway but I don’t. Life in their neighborhood is not the same as mine.

    Take that analysis a step further. Could one assert that a person living on the East Side is automatically in reasonable fear of assault, at all times? In high crime areas, might one be forced to live a life of heightened awareness? Particularly if the resident has previously suffered crimes?

    Now suppose the resident knows from experience that caught-and-released criminals come back to the neighborhood armed to silence witnesses, or for revenge, so allowing the perp to walk away doesn’t mean the fight is over, merely postponed. Must the resident wait for the inevitable drive-by shooting, or is preemptive action sensible?

    I understand these ideas don’t apply in ritzy parts of town, but maybe one set of universal rules doesn’t work? Maybe to survive in a battle zone, you must adopt a different mind-set? In that case, a bunch of rich white liberals pearl-clutching over his decision only highlights the differences between their lives, and exacerbates the problems of privilege and oppression.

  4. I am forever being told that I don’t understand life in the minority community because of my privilege. That’s why they get to march down the freeway but I don’t. Life in their neighborhood is not the same as mine.

    Take that analysis a step further. Could one assert that a person living on the East Side is automatically in reasonable fear of assault, at all times? In high crime areas, might one be forced to live a life of heightened awareness? Particularly if the resident has previously suffered crimes?

    Now suppose the resident knows from experience that caught-and-released criminals come back to the neighborhood armed to silence witnesses, or for revenge, so allowing the perp to walk away doesn’t mean the fight is over, merely postponed. Must the resident wait for the inevitable drive-by shooting, or is preemptive action sensible?

    I understand these ideas don’t apply in ritzy parts of town, but maybe one set of universal rules doesn’t work? Maybe to survive in a battle zone, you must adopt a different mind-set? In that case, a bunch of rich white liberals pearl-clutching over his decision only highlights the differences between their lives, and exacerbates the problems of privilege and oppression.

  5. If I lived somewhere where I had to carry a gun to protect myself from my neighbors, I would move. Well, I certainly would move rather than be put in a kill-or-be-killed situation. The two handguns I own are not for self protection.

  6. Plus that stupid ‘Trespassers will be shot…’ sign he had in his window.

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