Page:DOJ Report on Shooting of Michael Brown.djvu/31

 determined her account to be credible, and likewise determined that a jury appropriately would credit her potential testimony.

Witness 105 is a 50-year-old black female. She gave two statements. SLCPD detectives interviewed her, and federal prosecutors explained the nature of the two parallel criminal investigations to Witness 105 prior to her testimony before the county grand jury. Witness 105 was driving a minivan in which Witness 104, her daughter, was seated behind the driver's seat in the middle row. Her husband, Witness 106, was next to her in the front passenger seat, and her other daughter, Witness 107, was seated behind her husband and next to Witness 104. Witness 105 had been traveling east on Canfield Drive, when she stopped in front of Wilson's vehicle with a view of the driver's side of his vehicle. Her view was also of the back of Brown as he first ran away, and then the front of Brown as he turned around and came back toward Wilson.

According to Witness 105, Wilson was driving a car, not an SUV, and a gunshot drew her attention to the vehicle. She noticed Brown's hands on Wilson's "car." Brown then ran eastbound and Wilson chased after him, gun in hand but held low. Witness 105 explained that Brown put his hands up "for a brief moment," and then turned around and made a shuffling movement. Wilson told Brown to "get down," but Brown did not comply. Instead, Brown put his hands down "in a running position." Witness 105 could not tell whether Brown was "charging" at Wilson or whether his plan was to run past Wilson, but either way, Brown was running toward Wilson. According to Witness 105, Wilson only shot at Brown when Brown was moving toward him. She could not see Brown's hands as he was running, but saw him reaching down as he began to fall to the ground. Witness 105 saw Wilson shoot Brown in the face before he began to stumble. Once Brown was on the ground, it appeared to Witness 105 that Wilson was calling out on the radio using his shoulder microphone.

When Witness 105 contacted SLCPD detectives, she was reluctant to identify herself and ultimately met with them in a library parking lot. She explained that she was coming forward because in speaking with her neighbors, she realized that what they believed had happened was inconsistent with what actually happened. She further explained that that she had not been paying attention to media accounts, and had been unaware of the inaccuracies being reported. Both of Witness 105's statements were consistent with each other, materially consistent with the physical and forensic evidence, and consistent with other credible witness accounts in all material ways. Witness 105 has no criminal history. If called as a defense witness in a prosecution of Darren Wilson, this witness's account would be subject to limited impeachment on her ability to accurately perceive what occurred, e.g., that she perceived Wilson driving a car, rather than an SUV. However, that line of cross-examination does not undermine the overall consistency of her account with other credible witness accounts and with the physical evidence. Accordingly, after a thorough review of all the evidence, federal prosecutors determined her account to be largely credible and likewise determined that a jury appropriately would credit her potential testimony.