Page:DOJ Report on Shooting of Michael Brown.djvu/18

 incapacitated and immobilized Brown; the latter is significant because it is consistent with Brown's hand being in close range or having near-contact with the muzzle of Wilson's gun and corroborates Wilson's account that Brown struggled with him to gain control of the gun in the SUV.

The skin tags, or flaps of skin created by the graze of the bullet associated with the right thumb wound, indicate bullet trajectory. They were oriented toward the tip of the right thumb, indicating the path of the bullet went from the tip of the thumb toward the base. Microscopic analysis of the wound indicates that Brown's hand was near the muzzle of the gun when Wilson pulled the trigger. Both AFMES and SLCME pathologists observed numerous deposits of dark particulate foreign debris, consistent with gunpowder soot from the muzzle of the gun embedded in and around the wound. The private forensic pathologist called it gunshot residue, opining that Brown's right hand was less than a foot from the gun. The SLCME pathologist opined that the muzzle of the gun was likely six to nine inches from Brown's hand when it fired. AFMES pathologists opined that the particulate matter was, in fact, soot and was found at the exact point of entry of the wound. The soot, along with the thermal change in the skin resulting from heat discharge of the firearm, indicates that the base of Brown's right hand was within inches of the muzzle of Wilson's gun when it fired. AFMES pathologists further opined that, given the tangential nature of the wound, the fact that the soot was concentrated on one side of the wound, and the bullet trajectory as detailed below, the wound to the thumb is consistent with Brown's hand being on the barrel of the gun itself, though not the muzzle, at the time the shot was fired.

The presence of soot also proves that the wound to the thumb was the result of the gunshot at the SUV. As detailed below, several witnesses described Brown at or in Wilson's SUV when the first shot was fired, and a bullet was recovered from within the driver's door of the SUV. There is no evidence that Wilson was within inches of Brown's thumb other than in the SUV at the outset of the incident. Additionally, according to the SLCME pathologist and the private forensic pathologist, a piece of Brown's skin recovered from the exterior of the driver's door of the SUV is consistent with skin from the part of Brown's thumb that was wounded. It is therefore a virtual certainty that the first shot fired was the one that caused the tangential thumb wound.

The order of the remaining shots cannot be determined, though the shot to Brown's head would have killed him where he stood, preventing him from making any additional purposeful movement toward Wilson after the final shots were fired. The fatal bullet entered the skull, the brain, and the base of the skull, and came to rest in the soft tissues of the right face. The trajectory of the bullet was downward, forward, and to the right. Brown could not have been standing straight when Wilson fired this bullet because Wilson is slightly shorter than Brown. Brown was likely bent at the waist or falling forward when he received this wound. It is also possible, although not consistent with credible eyewitness accounts, that Brown had fallen to his knees with his head forward when Wilson fired this shot. However, the lack of stippling and soot indicates that Wilson was at least two to three feet from Brown when he fired.