Page:DOJ Report on Shooting of Michael Brown.djvu/41

 Witness 115 stated that he did not see Brown with his hands up and Brown did not appear to be surrendering. Rather, Brown looked as though he was slowly going down to the ground as he walked toward Wilson. Wilson then fired another volley of shots and Brown fell to the ground with one arm under him and the other at his side. Consistent with Wilson's account, Witness 115 explained that once Brown was on the ground, Wilson kept his gun drawn and appeared to be talking in his radio on his shoulder. According to Witness 115, at no time did Wilson touch Brown's body.

Witness 115 described the crowds that began to form immediately after the shooting, as people began to gather and talk about what happened. Witness 115 explained that although he initially spoke to SLCPD detectives only four hours after the incident, by then, he had already discussed the incident with Witness 124 and with a passerby on the street. He explained that this passerby can be heard on Witness 115's cell phone video, attempting to correct Witness 115, as Witness 115 narrated that Brown had been punching Wilson.

Witness 115 expressed that he felt comfortable with federal prosecutors and agents who were questioning him about assumptions and inconsistencies. However, Witness 115 was concerned that because of the constant talk in the neighborhood and his multiple media appearances without the presence of a lawyer, he may have unwittingly made inconsistent statements in the past.

Witness 115 has one prior misdemeanor conviction, which likely would be inadmissible in federal court as impeachment evidence. Witness 115 is vulnerable to effective cross-examination because he did not witness significant parts of the shooting and based parts of his account on assumption. Regardless of credibility, Witness 115’s account does not inculpate Darren Wilson and therefore does not support a federal prosecution.

Witness 141 is a 19-year-old black male who moved out of Missouri after the shooting. Witness 141 gave three statements. First, FBI agents based in Texas interviewed him. Federal prosecutors and agents conducted a follow-up interview. Finally, Witness 141 testified before the county grand jury.

According to Witness 141, he was sitting on his balcony when he saw Brown and Witness 101 walking down the middle of Canfield Drive. Witness 141 knew Brown through a friend, but did not have regular interaction with him. Unrelated to the shooting incident, Witness 141 went into his apartment to retrieve his mobile phone. While inside, he heard gunshots, prompting him to go back out to the balcony. Witness 141 saw Wilson pointing his gun at Brown, who had his hand across his front torso or waist. Brown never had his hands up in surrender or otherwise. Brown appeared to be stumbling or walking toward Wilson, who fired about five to seven shots at Brown from a distance of about eight feet. Brown collapsed to the ground. Witness 141 did not see Witness 101 anywhere. Witness 141 used his mobile phone to record a video in the aftermath of Brown's death.