Page:DOJ Report on Shooting of Michael Brown.djvu/45

 Witness 101’s proximity to the door. The door quickly bounced off of Brown and Witness 101 and shut on Wilson. According to Witness 101, this angered Brown. Witness 101 also stated that he understood how Wilson could have perceived that Brown shut the door on him.

According to Witness 101, Wilson then reached out the window and up with his left hand, grabbing Brown by the throat. The private forensic pathologist termed such an action "surprising," based on the autopsy results and his experience as a forensic pathologist. Wilson and Brown engaged in a "tug of war," during which Wilson unsuccessfully tried to pull Brown toward the SUV as Brown attempted to pull away, while still holding the cigarillos. Witness 101 told county and federal investigators that Brown told Wilson, "Get the fuck off me. We're not doin' anything wrong. Leave us the fuck alone." However, Witness 101 explained that even though Wilson had his grip on Brown, Brown had the upper hand both because of his stature and his physical position relative to the car. As Witness 101 told investigators, Wilson would have to be "superhuman" to "overpower" Brown. Witness 101 told the county grand jury that Brown was getting "the best of the officer" because Wilson was only using his left hand. During this tug of war, Wilson's grip gradually slipped from Brown's throat to his shirt, down to his shoulder and arm. Although Witness 101 told the county grand jury that Wilson gripped Brown's right arm, Witness 101 told investigators that Wilson mostly was gripping Brown's shirt by pulling it down over Brown's forearm. According to Witness 101, at no point did Brown ever strike, punch, or grab any part of Wilson. He could offer no explanation as to how Wilson sustained injury, other than to speculate that it was the result of their "tug of war."

As the "tug of war" continued, Brown was then able to turn to his right toward Witness 101 and hand off the cigarillos with both hands. Brown then put his left hand on the door frame under the rearview mirror, while Wilson, using his left hand, maintained hold of Brown's right arm or sleeve. According to Witness 101, Wilson used his right hand to grab hold of Brown's left arm, although it is unclear from Witness 101’s accounts whether he actually saw that happen or assumed it happened. Wilson, also using his right hand, then took out his gun and said, "I'm going to shoot.” Witness 101 saw Wilson holding the gun and aiming it out the window when Wilson again started to say, "I'm going to shoot." Witness 101 explained that Wilson fired, hitting Brown in the torso. Witness 101 described blood on the right side of Brown’s torso. At the time of the shot, Brown was standing straight, his midsection up against the door, with his left hand down at his side and Wilson gripping Brown’s right arm. Contrary to the autopsy results, particularly with regard to the thumb wound and the round recovered from the inside of the driver’s door, Witness 101 was adamant that Wilson neither fired a shot within the SUV, nor did Brown have his hand(s) near the gun when the first shot was fired. Witness 101 explained that Wilson fired the shot and "the bullet traveled outside the car and struck [Brown] in the chest." Witness 101 was equally adamant that Brown’s hands and arms never entered the SUV, telling investigators that the only hand that would have been "free" would have been Brown’s left hand, and that hand neither entered the vehicle nor "reached for" Wilson’s gun. However, when he testified before the county grand jury, Witness 101 made room for the possibility that Brown’s arm entered the SUV when he was not looking.

According to Witness 101, after the first shot, Brown and Witness 101 simultaneously ran eastbound, away from the SUV. Witness 101 explained that he got ahead of Brown, such