Page:DOJ Report on Shooting of Michael Brown.djvu/63

 Witness 138 told federal authorities that Brown fell to the ground in the exact place where he first turned around and did not move forward toward Wilson. Because this is inconsistent with the physical evidence and other credible accounts, federal authorities asked Witness 138 if it was possible that Brown moved toward Wilson. Witness 138 explained that Brown could have moved forward, could have put his arms down, and in fact, he did not know what Brown did for the majority of the shooting because he was face-first in the dirt. He did not look up until Brown was already dead. Witness 138 described the position of Brown's body as having his hands at right angles next to his head, contrary to photographic evidence and the observations of the SLCME medicolegal investigator.

After Brown was killed, Witness 101 ran over to Witness 138 in shock. Witness 101 left the scene to change his clothes, and then returned. According to Witness 138, at the insistence of Witness 101's uncle and pastor, Witness 101 gave an interview to the media. Witness 138 explained that he was "stupid" to stand next to Witness 101 as he appeared on camera.

In response to federal authorities questioning about Wilson's description of Brown as "Hulk Hogan," Witness 138 said that Brown was more like the World Wrestling Federation wrestler "Big Show" in stature, but not in personality. Brown was intimidating because of his size, and Witness 138 understood how Wilson could generally perceive him as a threat. Witness 138 explained that he was friendly with Brown, and although it would surprise him if Brown attacked a police officer, it also surprised him to see the surveillance video of Brown shoving a store clerk, as it was uncharacteristic of him. In the days leading up to his death, Brown was acting out of character, speaking about his desire to get away from the struggles of life.

Witness 138 has no criminal history. There are significant inconsistencies between his two accounts, with the physical and forensic evidence, and with credible witness accounts. Accordingly, after a thorough review of the evidence, federal prosecutors determined this witness's first account to lack credibility. His second account, regardless of credibility, does not inculpate Wilson. Therefore, these accounts do not support a prosecution of Darren Wilson.

Witness 132 is a 25-year-old black male. He spoke with FBI agents on three occasions. First, Witness 132 met with FBI agents during their canvass on August 16, 2014. At that time, Witness 132 stated that he did not see the shooting or hear the gunshots. However, he stated that his wife may have seen some of the incident. Ten days later, two other FBI agents followed up with his wife. She indicated that she did not see anything, but Witness 132, contrary to what he stated before, claimed to have witnessed the shooting of Brown. Finally, Witness 132 spoke again to the FBI, claiming her memory of the shooting was "blurry."

During her second encounter with the FBI, contrary to all accounts that Wilson was driving westbound, Witness 132 said that he, Witness 132, was driving eastbound behind two FPD marked SUVs. Each SUV had two police officers, all of whom were white. According to Witness 132, the first SUV stopped in the middle of the street, cutting off Brown and running over his feet. Brown then "punched into the police car" because he was angry. In return, the police officer, to whom Witness 132 referred as "Ears," reached down and shot Brown. Witness