Page:DOJ Report on Shooting of Michael Brown.djvu/62

 stood by his initial statement that the shooting was justified, though he stated that he did not actually see what happened. He further told law enforcement that he originally lied to SLCPD detectives on the day of the shooting, when he claimed to not have seen anything. Witness 142 explained that he was afraid and did not want to get involved.

Witness 142 has no criminal history. Witness 142 changed his account and could offer no explanation as to why he did so, and his most recent account is inconsistent with credible witness accounts and inconsistent with forensic and physical evidence. Accordingly, federal prosecutors determined that they could not credit either one of his accounts. Regardless, his accounts do not inculpate Darren Wilson and therefore do not support a prosecution.

Witness 138 is a 22-year-old black male. The SLCPD first interviewed Witness 138 about five hours after the shooting. The interview was very brief and federal prosecutors and agents sought to interview him to obtain more detailed information. Witness 138 repeatedly ignored attempts by federal authorities to meet with him when he lived in St. Louis. He then moved out of state. Again, Witness 138 failed to respond to messages left by county and federal authorities, and refused to appear before the county grand jury. Finally, an FBI agent and federal prosecutor tracked down Witness 138 outside of his mother's house in Kentucky. Witness 138's account to federal authorites stood in stark contrast to what he initially told the SLCPD.

Witness 138 told SLCPD that on the day of the shooting, he was watching television in his apartment when he heard one gunshot, causing him to run outside. Brown had kicked off his flip flops and started running away from Wilson, who had emerged from his SUV with his gun drawn. Wilson ran east after Brown, past Witness 101 who was by a white Monte Carlo. Wilson shot Brown as he was running away. Brown then turned around, "threw his hands up," and said something. Initially, Witness 138 stated that he could not hear what Brown said. Then he explained that Brown said something with the word "shoot" in it. By the end of the interview, Witness 138 stated that Brown said, "Please don't shoot." Brown then fell to his knees, and Wilson shot him again. Other police officers arrived on the scene, and Wilson got into a different police vehicle than the one in which he arrived, and left the scene.

Witness 138 told federal authorities that Brown and Witness 101 came to his house the morning of the shooting, prior to their walk to Ferguson Market. They made plans to smoke marijuana later in the day and Brown and Witness 101 told Witness 138 that they were going to get cigarillos and would return. Thereafter, Witness 120 arrived at Witness 138's house. While Witness 138 and Witness 120 were talking in the doorway, Witness 138 heard two gunshots. He ran toward the gunshots, while Witness 120 ran in a different direction. Witness 138 saw Wilson "walk quickly" toward Brown. Unlike what he told the SLCPD detective, Witness 138 said that while going after Brown, Wilson was yelling "stop" or "freeze." Also contrary to his initial account, Witness 138 said that he did not hear Brown say anything. He saw Brown stop and put his hands up, shoulder height at 90 degree angles. Because he heard gunfire, Witness 138 ducked for cover, face-first in the dirt where two white contractors were working. Witness 138 remained in that position until the incident was over, and he looked up and saw Brown dead on the ground.