Page:DOJ Report on Shooting of Michael Brown.djvu/38

 shot Brown until he fell to his death. Wilson was about six to 10 feet from Brown when he fired the final shots at Brown.

Witness 106's account is inconsistent with the physical and forensic evidence and other credible witness accounts. He has a conviction for sexual abuse that would likely be admissible in federal court as impeachment evidence, although his bias tends to bolster his account. Regardless of its credibility, Witness 106’s account does not inculpate Darren Wilson and therefore does not support a federal prosecution.

Witness 110 is a 51-year-old black male who is married to Witness 111. Witness 110 spoke to SLCPD detectives on two occasions. As noted below, the second interview occurred because Witness 111 was too upset to complete the first interview. Witness 110 also testified before the county grand jury.

Witness 110 and Witness 111 first came into contact with SLCPD detectives because they were attending a social function the evening of August 9, 2014. The couple told a friend, an attorney, what they had witnessed, and the friend called the SLCPD on their behalf. SLCPD detectives responded to the venue of the social function to interview Witness 110 and Witness 111, but they were reluctant to speak to law enforcement, fearing retaliation from people in the community. They agreed to speak only on the condition of confidentiality. However, during that initial contact with SLCPD detectives, Witness 111 began crying and could not talk about what she witnessed. Witness 110 was too shaken to give a full account, but he did explain that earlier that day, he and his wife were at the Canfield Green Apartments complex visiting Witness 110's elderly mother and brother, Witness 112. He then gave a brief account which he detailed a few days later when he met again with SLCPD detectives.

According to Witness 110, he and Witness 111 were driving on Canfield Drive when they noticed Brown and his friend, Witness 101, walking in the center of the street and had to veer around them to avoid hitting them. Witness 111 commented to Witness 110, "Why don't they just get on the sidewalk?" As they were pulling into the driveway of the building they were visiting, they noticed Wilson driving in the opposite direction. During his initial interview with SLCPD detectives, Witness 110 explained that while in the driveway, he noticed Brown standing beside the driver's door of the SUV, with the upper portion of his body inside the driver's area of the SUV. Witness 110 did not mention this during his second interview with SLCPD detectives or when he testified in front of the county grand jury.

Witness 110 then explained that he and Witness 111 went up to the second floor apartment balcony, located opposite and off to the right of the minivan with Witness 104, Witness 105, Witness 106, and Witness 107. Their vantage point was of the passenger side of the SUV, followed by the right profile of Brown as he ran away from Wilson, and then the left profile of Brown as he turned around and moved toward Wilson.

Witness 110 stated that he witnessed an exchange between Wilson, Brown, and Witness 101, but did not hear what was said. Wilson reversed his vehicle, using it to block Brown and Witness 101. Brown and Wilson engaged in a back and forth "scuffle," although Witness 110