Page:DOJ Report on Shooting of Michael Brown.djvu/25

 then captured six gunshots in two seconds. There was a three second pause, followed by a seventh gunshot. There was a quick pause of less than one second before the final three-shot volley within two seconds. The recording was not time-stamped. As detailed below, this recording is consistent with several credible witness accounts as well as Wilson's account, that he fired several volleys of shots, briefly pausing between each one.

Paramedics examined Wilson when he returned to the FPD after the shooting, and recommended that he go to the hospital for follow-up treatment. Wilson sought medical treatment at Christian Northwest Hospital within two hours of the shooting. Witness 117, a nurse practitioner, examined Wilson. For the purpose of making a medical diagnosis, Witness 117 questioned Wilson about what happened. Wilson stated that he was twice punched in the jaw. Witness 117 noted acute or fresh pink scratch marks on the back of Wilson's neck as well as swelling to his jaw. Wilson sustained a contusion of the mandibular joint or jaw area, but did not break his jaw or any other bones. According to Witness 117, Wilson's injuries were consistent with his description of what transpired.

Wilson submitted to a drug and alcohol screen. His blood alcohol content was 0.00% and he tested negative for cocaine, marijuana metabolites, amphetamines, opiates, and phencyclidine, the chemical commonly known as PCP.

A toxicologist with the St. Louis University (SLU) Toxicology Laboratory and the Chief of the Division of Forensic Toxicology at AFMES each conducted blood and urine screens on samples collected from Brown's body. Brown tested positive for the presence of cannabinoids, the hallucinogenic substances associated with marijuana use. The SLU Toxicology Laboratory found 12 nanograms per milliliter of Delta-9-THC, the active ingredient in marijuana, where AFMES found 11 nanograms per milliliter of Delta-9-THC in Brown's blood.

According to both laboratories, these levels of Delta-9-THC are consistent with Brown having ingested THC within a few hours before his death. This concentration of THC would have rendered Brown impaired at the time of his death. As a general matter, this level of impairment can alter one's perception of time and space, but the extent to which this was true in Brown's case cannot be determined. THC affects individuals differently depending on unknown variables such as whether Brown was a chronic user and the concentration of the THC ingested.

At approximately 11:53 a.m. on August 9, 2014, about ten minutes prior to the shooting, Brown and Witness 101 went to Ferguson Market, a nearby convenience store. Surveillance video shows Brown stealing several packages of cigarillos and then forcefully shoving the store clerk who tried to stop him from leaving the store without paying. Evidence of this theft and assault likely would be admissible by the defense in a prosecution of Wilson because it is relevant to show Brown's state of mind at or near the time of the shooting, and arguably corroborates Wilson's self-defense claim.