Page:DOJ Report on Shooting of Michael Brown.djvu/47

 below, Witness 118 was not out on her balcony for the majority of the incident, and it is unknown at what point she actually witnessed the shootings, if at all.

Witness 101 has a misdemeanor conviction for a crime of dishonesty likely admissible in federal court as impeachment evidence. As described above, material parts of Witness 101's account are inconsistent with the physical and forensic evidence, internally inconsistent from one part of his account to the next, and inconsistent with other credible witness accounts that are corroborated by physical evidence. It is also unclear whether Witness 101 had the ability to accurately perceive the shootings. Witness 101 likely crouched down next to a white Monte Carlo as Wilson chased Brown. The Monte Carlo was facing west with a view of the passenger side of the SUV. Brown ran in the opposite direction that the Monte Carlo was facing. Witness accounts vary as to whether Witness 101 was ducking for cover on the passenger side of the Monte Carlo with his back to the shooting, or whether he fled the scene prior to the final shots being fired. Both Witness 101’s inconsistencies and his ability to perceive what happened, or lack thereof, make his account vulnerable to effective cross-examination and extensive impeachment. Accordingly, after a thorough review of all of the evidence, federal prosecutors determined material portions of Witness 101's account lack credibility and therefore determined that his account does not support a prosecution of Darren Wilson.

Witness 123 is a 29-year-old black male who gave two statements. First, he was jointly interviewed by FBI agents and SLCPD detectives. Second, he testified before the county grand jury.

Witness 123 was in the front passenger seat of a white Monte Carlo that was traveling west on Canfield Drive behind Wilson before Wilson stopped his SUV. Witness 133, a black female, was driving the Monte Carlo. Witness 123 first observed Brown and his friend, Witness 101, walking in the street in the opposite direction of the SUV. It seemed to Witness 123 that Brown and Witness 101 failed to comply with a directive from Wilson because the SUV quickly swerved back, and stopped while Brown and Witness 101 were still standing on the yellow line in the middle of the street.

The SUV was then positioned such that Witness 123 and Witness 133 had a view of its passenger side. Therefore, although Witness 123 described a tussle involving Brown at the driver's window, he could not be more specific. During the tussle, Witness 101 looked startled and ran off. Witness 123 then heard a gunshot and told Witness 133 to back up. He heard a second gunshot just as Brown was running past the driver’s window of the Monte Carlo. Witness 123 ducked after the second shot and, therefore, could not see if Brown was injured. Between four and six seconds later, he looked out the front windshield to see Wilson emerge from the SUV with his gun held low. At about the same time, Witness 101 approached the Monte Carlo's passenger side door, which Witness 123 had already opened to allow him more room to duck. Witness 101 asked if he could get into their car, but Witness 123 would not permit him to do so, instead instructing him to duck down. Witness 123 then turned his attention to Witness 133, who was shaking. While Witness 123 attempted to calm Witness 133, Witness 101 disappeared and they never saw him again.