Page:DOJ Report on Shooting of Michael Brown.djvu/26

 Surveillance cameras captured the incident without audio. SLCPD detectives, FBI agents, and federal prosecutors jointly interviewed the store employees who were present at the time. The employees, a father (the clerk who was assaulted) and his adult daughter, are of Indian origin. The father does not speak English well, and therefore, was not as able as his daughter to recount with specificity what Brown said during the incident.

The video depicts Brown and Witness 101 entering the store and proceeding to the front counter. Brown stood at the register, as Witness 101 waited behind him. Brown asked the clerk behind the counter for cigarillos. The clerk put a package of cigarillos on the counter. Brown then "snatched" the package of cigarillos from the counter. Using his left hand, Brown reached behind him and gave them to Witness 101. Brown then reached over the counter, as Witness 101 described and the video shows, and took additional packages of cigarillos. In so doing, Brown dropped some of the cigarillos and had an exchange with the clerk during which he refused to pay. Witness 101 then placed the cigarillos that Brown had given him back on the register counter, as Brown picked up his stolen goods from the floor.

Brown and Witness 101 proceeded to the exit and the clerk, who is about 5′6″ and 150 lbs, attempted to stop them. The clerk first tried to hold the store door closed to prevent Brown's exit. However, Brown shoved the clerk aside, and as Witness 101 walked out the door, Brown menacingly re-approached the clerk. According to the store employees, Brown, looking "crazy" and using profane language, said something like, "What are you gonna do about it?" Brown then exited the store and the clerk's daughter called 911.

As the first responding investigators, SLCPD detectives interviewed witnesses on Canfield Drive within the first few hours of the shooting. One week later, on August 16, 2014, in an effort to identify additional witnesses who may have been reluctant to speak with local law enforcement, the FBI conducted a neighborhood canvass of more than 300 residences. Federal and county authorities largely conducted additional interviews jointly, unless a witness expressed discomfort with the presence of either federal agents or SLCPD detectives. To evaluate the merits of a potential federal prosecution, federal prosecutors and FBI agents conducted follow-up interviews. Many witnesses also testified before the county grand jury. Unless otherwise noted, witnesses did not know, or know of, Brown or Wilson prior to the shooting.

For ease of review, this report divides the summaries of witness accounts into three sections based on the nature and credibility of their accounts to a jury. First, the report summarizes the accounts of those witnesses whose statements have been materially consistent, are consistent with the physical evidence, and that are mutually corroborative. For these reasons, prosecutors determined these witness accounts were reliable and would be credible to jurors. This section is further broken down into subsections for those witness accounts that support Wilson's claim of self-defense and those that support a criminal prosecution of Wilson. Of