Page:DOJ Report on Shooting of Michael Brown.djvu/12

 As detailed below, Wilson has stated his intent in shooting Brown was in response to a perceived deadly threat. The only possible basis for prosecuting Wilson under 18 U.S.C. § 242 would therefore be if the government could prove that his account is not true—i.e., that Brown never punched and grabbed Wilson at the SUV, never attempted to gain control of Wilson’s gun, and thereafter clearly surrendered in a way that no reasonable officer could have failed to perceive. There is no credible evidence to refute Wilson’s stated subjective belief that he was acting in self-defense. As discussed throughout this report, Wilson's account is corroborated by physical evidence and his perception of a threat posed by Brown is corroborated by other credible eyewitness accounts. Even if Wilson was mistaken in his interpretation of Brown's conduct, the fact that others interpreted that conduct the same way as Wilson precludes a determination that he acted for the purpose of violating the law.

As detailed below, Darren Wilson has stated that he shot Michael Brown in response to a perceived deadly threat. This section begins with Wilson's account because the evidence that follows, in the form of forensic and physical evidence and witness accounts, must disprove his account beyond a reasonable doubt in order for the government to prosecute Wilson.

Darren Wilson made five voluntary statements following the shooting. Wilson's first statement was to Witness 147, his supervising sergeant at the FPD, who responded to Canfield Drive within minutes and immediately spoke to Wilson. 3 Wilson's second statement was made to an SLCPD detective about 90 minutes later, after Wilson returned to the FPD. This interview continued at a local hospital while Wilson was receiving medical treatment. Third, SLCPD detectives conducted a more thorough interview the following morning, on August 10, 2014. Fourth, federal prosecutors and FBI agents interviewed Wilson on August 22, 2014. Wilson's attorney was present for both interviews with the SLCPD detectives. Two attorneys were present for his interview with federal agents and prosecutors. Wilson's fifth statement occurred when he appeared before the county grand jury for approximately 90 minutes on September 16, 2014.

According to Wilson, he was traveling westbound on Canfield Drive, having just finished another call, when he saw Brown and Witness 101 walking single file in the middle of the street on the yellow line. Wilson had never before met either Brown or Witness 101. Wilson approached Witness 101 first and told him to use the sidewalk because there had been cars trying to pass them. When pressed by federal prosecutors, Wilson denied using profane language, explaining that he was on his way to meet his fiancée for lunch, and did not want to antagonize the two subjects. Witness 101 responded to Wilson that he was almost to his destination, and Wilson replied, "What's wrong with the sidewalk?" Wilson stated that Brown unexpectedly 3 Witness 147 was jointly interviewed by SLCPD detectives and federal agents and prosecutors on August 19, 2014. He then testified before the county grand jury on September 16, 2014. Witness 147 never documented what Wilson told him during those initial few minutes after the shooting. Witness 147 acknowledged that while talking to Wilson, he was also focused on the shooting scene and crowd safety.