Page:DOJ Report on Shooting of Michael Brown.djvu/24

 gunshot residue could be due to the possibility of intervening conditions, like large amounts of blood, environmental conditions, or the way the shirt was folded and packaged.

Likewise, the presence of nitrite residues tells very little. Nitrite residues were found near three holes in Brown's right sleeve, and one hole in the right chest of this shirt. Test-firing of the gun showed that nitrite residues appear at a muzzle-to-target distance of eight feet or less, consistent with Wilson's description and several other witness descriptions that Wilson and Brown were about eight feet apart during the final shots. However, the residues were not in a measurable pattern. This means that they may not even be associated with the specific holes in the shirt that they are near, but rather may be just indiscriminate residue from any of the shots, including the close range shots at the SUV, or transferred from one shot to another during the handling and packaging of the clothes.

Wilson's gun was not tested for the presence of Brown's fingerprints. After SLCPD crime scene detectives recovered Wilson's gun, they submitted the gun for DNA analysis rather than for fingerprints analysis. The detectives told federal prosecutors that they knew that typically testing for one would preclude testing for the other, and there was a high likelihood of DNA given the presence of apparent blood on the gun. They also knew that even according to Wilson, Brown never had sole possession of the gun, and if Brown ever had control of the gun at all, it was only when Brown's hand was over Wilson's hand during a struggle for the gun, lessening the likelihood of fingerprints. Furthermore, based on their training and experience, there was a greater likelihood of finding a DNA profile on the gun than lifting fingerprints with enough fine ridge detail to make it suitable for comparison. Because the gun was swabbed in its entirety, it could not later undergo latent fingerprint analysis.

SLCPD crime scene detectives lifted five latent fingerprints from the outside of the driver's door of the SUV. Two were unsuitable for comparison; one was determined to be Wilson's fingerprint; and the remaining two prints, although suitable for comparison, belonged to neither Brown nor Wilson. The leather interior of the SUV was unsuitable for recovering latent prints. Fingerprint examiners also tested Wilson's duty belt for fingerprints, but none recovered was suitable for comparison.

Witness 136 was in his apartment using a video chat application on his mobile phone when the shooting occurred. According to Witness 136, he heard "maybe three" gunshots followed by a five to six second pause. After those first gunshots, Witness 136 recorded the remainder of his chat and turned it over to the FBI. The recording is about 12 seconds long and captured a total of 10 gunshots. The gunshots begin after the first four seconds. The recording