Page:DOJ Report on Shooting of Michael Brown.djvu/51

 Witness 125 has no criminal history. Because Witness 125 admitted that she gave false accounts, federal prosecutors did not consider her accounts in the prosecutive decision.

Witness 131 is a 22-year-old black male. As previously mentioned, Witness 131 is the fiancé of Witness 125, who first told SLCPD detectives and then FBI agents that she saw Wilson shoot Brown while he had his hands in the air, and then admitted to county prosecutors that she lied to law enforcement and did not, in fact, see anything. Witness 131 gave two statements, first to FBI agents and then he testified before the county grand jury.

Witness 131 told the FBI that he was in his apartment when he heard three gunshots, prompting him to call Witness 125 to come look out their living room window. However, he changed his account when he testified before the county grand jury, claiming that he only called to his fiancée once the shooting had stopped.

Witness 131 stated that he initially did not see Wilson, but saw only Brown, who was taking a few steps forward. Witness 131 testified before the county grand jury that his view was somewhat obstructed, but he also saw Witness 101 run across the yard. Witness 131 then heard about five more shots, and watched as Brown grabbed his torso with his left hand, while holding his right hand in the air, in front him at a 45 degree angle. Witness 131 then heard another volley of shots and Brown’s arms dropped. Brown fell to his knees and collapsed face down in the street. Witness 131 explained to the FBI that once Brown stopped moving forward, the shooting stopped. It was then that Witness 131 noticed a police officer approach Brown just as other officers arrived on scene.

Despite Witness 131 telling the FBI that Brown was shot only when he moved forward, he testified to the contrary in front of the county grand jury. There, he testified that Brown stood still as he was shot to death and denied that Brown moved forward at all. When county prosecutors confronted Witness 131 with his inconsistency, he denied that he said anything different to the FBI.

Witness 131 has no criminal history. Witness 131's accounts are inconsistent with each other, and his most recent version is inconsistent with the physical and forensic evidence. He also claimed that his fiancée was present for something she admitted she did not witness. Accordingly, based on a thorough review of all of the evidence, federal prosecutors determined his account not to be credible, and it therefore does not support a prosecution of Darren Wilson.

Witness 112 is a 62-year-old black male who was with his brother, Witness 110, and sister-in-law, Witness 111, when he witnessed the shooting. As described above, they witnessed the shooting from the second floor balcony located opposite and off to the right of the minivan occupied by Witness 104, Witness 105, Witness 106, and Witness 107. Their view was of the