Page:DOJ Report on Shooting of Michael Brown.djvu/42

 Witness 141 testified before the county grand jury that he thought that after Wilson fired the first shot, the additional shots were "excessive," an opinion that would be inadmissible in federal court, and a misstatement of the applicable federal law. Witness 141 based that opinion on the fact that he did not perceive Brown to be a physical threat. However, he acknowledged that he did not see what led up to the initial shots, and did not see Brown run from Wilson, turn around to face Wilson, or any of Brown’s actions during that time. Rather, he only saw Wilson shoot Brown as Brown moved toward him.

Witness 141 has no criminal history. Witness 141's statements were consistent with each other, but he did not witness large parts of the incident. Regardless of whether his account is credible, it does not inculpate Darren Wilson and therefore does not support a federal prosecution.

Witness 114 is a 75-year-old black female. She gave two statements. First, she was interviewed by the FBI, and she later testified before the county grand jury.

Witness 114 saw the initial interaction between Brown and Wilson from her second floor window. Witness 114's view was of the passenger side of Wilson’s SUV. Witness 114 saw Brown and Witness 101 walking in the middle of Canfield Drive, when Wilson stopped his SUV and leaned his head out of the driver's window as though saying something to Brown. Brown then made some sort of hand gesture, indicating to Witness 114 that he was responding to Wilson. Wilson continued driving, but then jerked back his SUV and parked it at an angle, with the back of the SUV closer to the center of the street. According to Witness 114, Brown remained there, while Witness 101 kept walking. She did not see Witness 101 again.

Next, Witness 114 saw Wilson hold onto Brown, though she was unsure how the physical contact began. Witness 114 stated that Wilson and Brown were "tussling," explaining that she could see Brown’s hands inside the SUV by looking through the passenger side window. However, she did not see any other part of his body go into the SUV because Brown was standing straight up. From her perspective, it looked like Brown was trying to pull away. Yet Witness 114 acknowledged that had Wilson un-holstered his gun in the manner he described, it was also possible, given Brown’s position, that Brown reached for Wilson's gun.

Witness 114 watched Brown run from the SUV, followed by Wilson with his gun drawn, until they both disappeared from her line of sight. She heard two gunshots followed by six more gunshots, but did not see Wilson fire any shots. Witness 114 changed her clothes and went down to street level to see Brown’s body in the street.

Witness 114 has no criminal history. Witness 114’s statements were consistent with each other, however, she did not see the majority of the shooting. Accordingly, her account does not inculpate Wilson and therefore does not support a federal prosecution.