Page:DOJ Report on Shooting of Michael Brown.djvu/65

 and talking on her phone when a gunshot drew her attention to the SUV. Once she heard the first shot, she became terrified and got ready to run, but instead watched Brown run from the SUV. Witness 121 made no mention of the second shot during her second interview. Likewise, Witness 121 denied that the second officer got out of the vehicle.

As before, Witness 121 explained that after Brown took off running, he put his hands up, walked toward Wilson, and then Wilson shot Brown. However, unlike in her first interview, Witness 121 denied that Wilson walked over to Brown and "emptied his gun" into him. Although she admitted making that prior statement, Witness 121 could offer no explanation for saying something that was inconsistent with the physical evidence and the accounts of almost all other witnesses. Instead, she described a chaotic scene and broke down in tears, acknowledging that she did not know what led up to the shooting. Witness 121 tearfully stated that she "didn't see that young man do anything wrong," empathizing with Brown's mother because her own mother lost a child.

Witness 121 confirmed during her interview with federal authorities that Wilson did not fire any shots while Brown was running way. According to Witness 121, the only shots fired were the first one and the volley of shots as Brown was walking toward the officer with his hands up in surrender. Contrary to how Brown's body was found and photographed when he fell to his death, Witness 121 was certain that Brown's body landed in the same position that his hands were in when he was standing, at right angles adjacent to his head.

Contrary to every other witness account and mobile phone video taken in the immediate aftermath of the shooting, Witness 121 explained that Wilson then checked Brown's pulse while his body lay on the ground. When federal prosecutors pressed her on this, Witness 121 acknowledged that perhaps she was mistaken. She stated that she was unsure which police officer checked his pulse and it likely happened after the police tape went up.

When asked about Witness 101's presence, Witness 121 explained that she had been looking back and forth between Brown and Witness 101 during the shooting. However, Witness 101's whereabouts were unclear throughout both of her accounts. During her first interview, Witness 121 stated that Witness 101 took off running when the initial shots were fired. During the second interview, she first stated that Witness 101 stood by the SUV and vomited on the street. When federal prosecutors asked if crime scene investigators would find vomit on the street to corroborate her claim, Witness 121 admitted that she did not see, but rather heard from others, that Witness 101 vomited on the street. Federal prosecutors and agents repeatedly urged Witness 121 to describe what she herself witnessed. It was then that she stated that Witness 101 had been crouched down, below car level, before he ran from the scene.

When Witness 121 appeared before the county grand jury, she again testified inconsistently. She testified that while she witnessed the shooting, she was standing next to Witness 126. As detailed below, Witness 126's account was internally inconsistent and inconsistent with physical evidence. She also claimed that Witness 137 tossed a cigarette down to her from a balcony above. Witness 137, as detailed below, admitted to being untruthful when he was first interviewed by the FBI, giving an account inconsistent with the physical evidence.