Page:DOJ Report on Shooting of Michael Brown.djvu/39

 could not see exactly what happened because the SUV blocked his view of Brown. They then heard a shot and Witness 101 "disappeared." Brown remained at the SUV and the scuffle continued until there was a second gunshot and Brown took off running. When Brown reached a nearby driveway, he stopped and looked down at his hand, which Witness 111 noted had blood on it. Witness 110 believed that Brown looked at his left hand. Brown put his hands out at his sides, palms up, as though asking, “What the heck?” Brown then moved toward Wilson with his hands in that same position, and Wilson shot Brown. Brown then paused, the shooting stopped, and then Brown advanced again. Witness 110 stated that Wilson shot Brown only when Brown was moving toward him, and did not shoot at Brown as he ran away. Witness 110 initially told SLCPD detectives that Brown moved "quickly," although he testified in the county grand jury that he could not describe how Brown was moving toward Wilson, though he was not "charging" or "running." At no time were Brown’s hands up in surrender or otherwise.

Witness 110 has no criminal history. As noted, Witness 110's second interview was consistent with his grand jury testimony, though partially inconsistent with what he initially told SLCPD detectives. Nonetheless, Witness 110’s account was consistent with the physical and forensic evidence. Regardless of the credibility of his account, it does not inculpate Wilson, and therefore does not support a federal prosecution.

Witness 111 is a 48-year-old black female who is married to Witness 110. As mentioned, she was too upset to speak with SLCPD detectives on the evening of August 9, 2014, but did speak to law enforcement on August 18, 2014, when she was jointly interviewed by SLCPD detectives, FBI agents, and federal prosecutors. Federal authorities also met with Witness 110 at that time. Witness 111 subsequently testified before the county grand jury.

Witness 111's account is consistent with the account of Witness 110, with two exceptions. First, when she witnessed Brown turn around after fleeing from Wilson, Witness 111 explained that Brown looked down at his right hand, which was bleeding. This is contrary to Witness 110, who said that Brown looked down at his left hand and did not mention seeing blood. Second, Witness 111 described Brown as moving back toward Wilson in "slow motion," where Witness 110 at one time described Brown walking "quickly," but later could not characterize his pace. According to Witness 111, at no time were Brown’s hands up in surrender or otherwise.

Witness 111 has no criminal history. Witness 111's statements were consistent with each other, and with the physical and forensic evidence, and therefore, Witness 111 would not be vulnerable to cross-examination on those grounds. However, Witness 111 was especially distraught during her investigatory interview, stating that she, too, has a teenage son and commenting that she wished Wilson had used a form of less lethal force. Her bias could subject her to effective cross-examination, and led federal prosecutors to question whether her bias was affecting her ability to accurately recall events. Regardless, Witness 111's account does not inculpate Wilson, and therefore does not support a federal prosecution.