Page:DOJ Report on Shooting of Michael Brown.djvu/56

 explained that once she was out of her car, she began walking on the sidewalk as the shooting continued. She saw Brown's body make a jerking movement such that his hands started going up involuntarily. In one quick motion, Brown turned around with his hands up at right angles at his shoulders. Wilson then shot him, and Brown fell to his death where he stood. Witness 127 did not see injury to either of Brown's hands when his hands were up. Witness 127 was adamant that, contrary to DNA evidence with regard to the blood east of Brown's body, Brown never moved toward Wilson. She insisted that he fell to his death right where he turned around. She was equally adamant that Brown's hands remained outside the SUV during the initial interaction between Wilson and Brown, despite forensic and physical evidence to the contrary. When questioned by federal prosecutors and then by county prosecutors during her county grand jury testimony, she disallowed any possibility that perhaps her perception was compromised because she was using her phone, driving, and parking, among other reasons. Additionally, Witness 127 appeared in the media with her friend, Witness 118, allowing for the possibility that their accounts became conflated.

Witness 127 has no criminal history. Although Witness 127's statements are materially consistent with each other, significant portions are contrary to the forensic and physical evidence and inconsistent with credible witness accounts. Witness 127 was unable to give reasonable explanations as to why the physical evidence might be inconsistent with what she remembers, and therefore prosecutors were left to conclude that she inaccurately perceived material portions of the shootings either because of the stress of incidents or because she was distracted. Accordingly, after a thorough review of the evidence, federal prosecutors determined material portions of this witness's account not reliable and therefore cannot be used to support prosecution of Darren Wilson.

Witness 118 is a 19-year-old black female who lives in the Canfield Green neighborhood and knew Brown through a mutual friend, Witness 120. Witness 118 also knew Witness 101, with whom she became friendly when she moved into the neighborhood. Prior to the shootings, Witness 118 and Witness 101 socialized almost weekly. Witness 118 denied speaking with Witness 101 since the shootings, contrary to what Witness 101 said during his testimony before the county grand jury. However, Witness 118 acknowledged speaking to Witness 120 about the shooting. As detailed later in this memorandum, Witness 120 was admittedly untruthful about what he claimed to have witnessed.

Witness 118 gave three investigative statements, and testified before the county grand jury. A SLCPD detective initially interviewed Witness 118 approximately two hours after the shooting. She subsequently appeared in the media several times. During those media interviews, Witness 118 added details that she did not report to local law enforcement, claiming in the news that she saw the "whole scenario play out." In an effort to evaluate the inconsistencies between her statements to law enforcement and her statements to the media as well as inconsistencies with physical evidence, federal agents and prosecutors interviewed Witness 118 in the presence of her lawyer.