Curious about something we hear often and wondering if you have data: How often are trainers called in to testify on behalf of students?
For the purpose of discussion, let's assume this is civilian-CCW context, not LEO/MIL based and not just expert testimony...
Last edited by Sal Picante; 12-18-2016 at 04:07 PM.
Good question...would like some kind of cases posted if any trainer has ever...
Also, since we are asking questions...how many trainers/instructors have ever said in the course of their classes that they will testify on what they are teaching?
I know D.B. and Wayne Dobbs both said they would.
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I've said it, and I have a few times, in my cases all were guys from my agency, haven't had a "civilian" shooter needing that service yet.
It's one of my cautions when talking about people picking who they train with, you should avoid an instructor who wouldn't be able to stand up in court due to past issues like documented fraud cases, etc.
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I imagine Tom Givens could shed some light on this issue.
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I try to tell all my classes I'll come testify if they ever need me to. I also tell them I'll testify truthfully no matter what so depending on the circumstances you may not like what I have to say.
The only time I've had to testify was in a criminal case AGAINST my former student. He was charged with violating one of the stupid requirements in Ohio's law dealing with carrying in a vehicle. I had to testify to what I taught him regarding the law.
He was ultimately acquitted. If I had to guess the dash cam showed something the jury didn't like. Which doesn't surprise me considering the agency involved.
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Zimmerman's CWP instructor testified.... Food for thought. I do know there are several folks I will not train with due to their background.
Massad Ayoob has done it a number of times. He testified for an acquaintance (friend's friend).
Yup. Also, I'd avoid any trainers who issue threats via social media venues, or anything similar that could cast aspersions on their testimony.Originally Posted by Chuck Haggard
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Not testifying but one of the ways that I responded to a very serious complaint (highest for us) was to submit a magazine article by Scottie Reitz that discussed the low ready position. I also showed that I had trained with Uncle Scottie. The magazine article was one of several training documents (including instructional manuals) that I submitted for inclusion in the investigation file to address what was and was not the "low ready."
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Defense lawyers don't do that as often as they should. In a clean shooting case, the instructor appearing as a material witness to testify as to what they taught the defendant, is instrumental in establishing that (A) the defendant did what he or she was taught, and (B) that what he or she was taught was in the mainstream of common custom and practices/best practices for handling that particular type of life-threatening emergency.
Others in this thread have already offered good caveats. Another is: Make sure the instructor isn't giving out "kill a commie for mommie" BS. A smart opposing counsel will find all of that discoverable in court.
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