Page:DOJ Report on Shooting of Michael Brown.djvu/61

 SLCPD and the FBI then followed up with Witness 142 after SLCPD detectives learned that Witness 142 called in to an Atlanta-based podcast on August 11, 2014, where he described the shootings. Witness 142 then testified before the county grand jury.

During the podcast, Witness 142 explained that he was sitting on his front patio when he heard the first gunshot. He then moved closer to get a better look at what he termed a "scuffle," and saw "the brother (referring to Brown) leaning over into the window." Witness 142 further described Brown's "upper body in the windshield." The podcast announcer then asked if what "the officer is saying is true," relative to what happened at the SUV. Witness 142 responded, "yes." Witness 142 explained that Brown then took off running and Wilson chased after him. Witness 142 thought that Wilson shot at Brown while Brown was running away. Brown then turned around and came back toward Wilson. Wilson “unloaded on him” and Brown fell to the ground.

The podcast announcer then asked if Brown's hands were up. Witness 142 responded, "Well, I don't know. I didn't see that." He went on to explain that "the crowd" was saying that Brown's hands were up, and that he was ducking to avoid getting hit by gunfire. The announcer later asked, "If you had to say from your opinion, was it justified?" Witness 142 paused and then said, "yes," referencing the scuffle in the SUV. However, he then stated that Wilson should not have shot at Brown while Brown was "fleeing the scene," an opinion that would be inadmissible in federal court and a misstatement of applicable federal law.

SLCPD detectives recognized Witness 142's voice on the podcast from their initial canvass of Canfield Drive, when Witness 142 denied seeing anything. Therefore, an SLCPD detective and an FBI agent interviewed Witness 142 again in an effort to determine what he actually saw. However, during that interview, Witness 142 again changed his account from what he stated on the podcast. Witness 142 told the SLCPD detective and the FBI agent that he was inside his apartment and heard one gunshot. He looked out his patio sliding glass door and saw the driver's side of a police SUV, where Brown was "tussling" with Wilson, who was inside the SUV. Witness 142 stated that Wilson was tugging on Brown's shirt collar. Even though Brown's back was to him, Witness 142 saw Brown's hands against the SUV and Wilson's hands grabbing Brown's shirt. He denied seeing any part of Brown's body inside the SUV. Brown then pushed away from the SUV and "sprinted" east on Canfield Drive. Wilson, with his gun on his hip, immediately got out of the SUV and chased Brown. After that, Witness 142 does not know what happened, claiming that a concrete barrier obstructed his view.

Witness 142 admitted that on the podcast, he stated that Brown's head was inside the SUV, but claimed that he lied, though he could offer no explanation for doing so. He recalled saying that Wilson shot Brown as Brown was running away, though he admitted to law enforcement that he did not see that happen. Witness 142 clarified that he thought Wilson was shooting at Brown because everything happened in a matter of seconds. He also acknowledged that he told the podcast announcer that he saw Brown stop, turn around, and come back at Wilson. However, he told the SLCPD detective and the FBI agent that he only assumed that Brown did those things, based on Brown's body facing west in the street. Witness 142 told law enforcement that he stayed outside in the street for hours after the shooting, hearing people say that Brown had his hands up. However, he did not see Brown with his hands up. Witness 142