Page:DOJ Report on Shooting of Michael Brown.djvu/44



Witness 101 is a 22-year-old black male who was walking in the middle of Canfield Drive with Brown when they encountered Wilson. Witness 101 made multiple statements to the media immediately following the incident that spawned the popular narrative that Wilson shot Brown execution-style as he held up his hands in surrender. These media interviews occurred prior to Witness 101 giving his two statements. First, FBI and SLCPD jointly interviewed Witness 101 on August 13, 2014, in the presence of Witness 101's mother, Witness 101's two attorneys, and an individual who explained that he was in charge of Witness 101’s personal security. Witness 101 subsequently testified before the county grand jury.

According to Witness 101, he and Brown had been friends for about two to three months as of the day of the shooting. Witness 101 viewed himself as a role model or mentor to Brown. Witness 101 came into contact with Brown on August 9, 2014, at about 7:00 a.m. At some point between then and just prior to noon, he and Brown decided to go to Ferguson Market to get cigarillos. Witness 101 could not recall in detail what the pair was doing in those five intervening hours, other than to explain that they were playing video games and talking. However, Witness 101 explained that just prior to going to Ferguson Market, Brown engaged in a 25-minute conversation about marijuana with one of two contractors who were working in the apartment complex.

Witness 101 explained that when they went to Ferguson Market, Brown stole cigarillos from behind the counter as though he was entitled to them, and then subsequently shoved the store clerk, who was substantially smaller in stature than Brown, who was 6′5″ and 289 lbs.

Witness 101 initially minimized these events when speaking with law enforcement, but then acknowledged to the county grand jury that Brown was surprisingly aggressive. Brown's behavior caught Witness 101 off guard because it was uncharacteristic of Brown and contrary to Brown's usual behavior. Witness 101 expected to encounter the police when they left Ferguson Market because he heard the clerk say he was going to call the police. Witness 101 described Brown's behavior as "bold" when Brown openly carried the stolen cigarillos as they walked down Canfield Drive.

Witness 101 and Brown were walking eastbound, single-file, on Canfield Drive in the center of the street on the yellow line when they encountered Wilson driving in the opposite direction in his marked FPD SUV. Witness 101 explained that they had not been obstructing traffic, although several cars had to avoid Brown and Witness 101 as they drove by. Wilson told them to "get the fuck on the sidewalk," and Witness 101 responded that they were "not but one minute from their destination." Brown and Witness 101 did not move onto the sidewalk, but continued to walk in the middle of the street. As Wilson drove past them, he reversed his SUV and parked it at an angle, blocking both lanes in the road and almost hitting them, asking, “What did you just say?" According to Witness 101, Wilson attempted to open the driver’s side in an "aggressive" and "forceful" manner. The door opened less than an inch because of Brown and