Page:DOJ Report on Shooting of Michael Brown.djvu/40

 Witness 115 is a 32-year-old black male. Witness 115 gave three investigatory statements and was interviewed by the media on several occasions. First, SLCPD detectives interviewed Witness 115 within hours of Brown’s death. Second, federal agents and prosecutors conducted a follow-up interview, during which they challenged Witness 115 on what he actually witnessed as opposed to what he assumed had taken place. Witness 115 also testified before the county grand jury.

According to Witness 115, he was in his second floor apartment at the time of the shooting, on the same side of the SUV as the minivan occupied by Witness 104, Witness 105, Witness 106, and Witness 107, but with a view of Brown's right profile as he was coming back toward Wilson. Just before noon, Witness 115 was in his bedroom when he heard what he thought was an altercation. He described hearing "strong voices" or loud grunts, but could not make out specific words or sounds. Witness 115 went to his window and looked through horizontal blinds by pushing them apart. He saw Brown at the driver's door of the SUV and "arms were being exchanged." Federal prosecutors and agents asked Witness 115 to demonstrate Brown's actions, and he did so by making a fist and a punching motion. Witness 115 demonstrated that Wilson had his arm bent across his chest in a defensive position, but he was reluctant to state that Brown "punched" Wilson. However, after federal prosecutors played Witness 115's own cell phone video back to him, he acknowledged that on the video, recorded right after Brown died, he narrated, "Dude was all up in his car; dude was punching on him," and that "dude" was Brown. Witness 115 explained that his initial impression was that Brown was punching Wilson because Brown was on the outside, standing on the street, and appeared to have the upper hand.

Witness 115 explained that he suddenly saw both Brown and his friend, Witness 101, who had been standing toward the front part of the SUV, start running. Witness 115 did not know why they started to run and he did not hear a gunshot, though he acknowledged that the suddenness with which they ran was consistent with a shot being fired. Brown ran down the middle of the street and Witness 101 started to crouch down by a white Monte Carlo.

According to Witness 115, Wilson then got out of his SUV, gun drawn, and immediately fired shots as he began to quickly walk in Brown’s direction. With each shot, Witness 101 ducked down a little more, creeping around the Monte Carlo until he went from the driver's side to the passenger side, and out of Witness 115's view. Witness 115 explained that while he was watching Witness 101, he was not watching Brown, who had disappeared from his range of view once he ran from Wilson. Witness 115 stated that there was a pause in the shooting and he used this opportunity to go out on his balcony to get a better look. As he did, he realized that he left his mobile phone on his dresser. He went back to his bedroom, retrieved his phone, and returned to his balcony. At the same time, he called to his wife, Witness 124, who joined him with their three children. By the time Witness 115 saw Brown again, Brown was walking back toward Wilson with his arms folded across his stomach. Witness 115 said he "assumed" that Wilson had shot Brown in the stomach, although he did not see this happen. This assumption is inconsistent with the autopsy findings.