Page:DOJ Report on Shooting of Michael Brown.djvu/66

 Reverting back to her initial account, Witness 121 testified before the county grand jury that even though her view was of the passenger side of the SUV, contrary to the physical evidence and other credible witnesses, Brown's hands were never inside the SUV. She also added that she heard Witness 101 tell Wilson that he and Brown "weren't that far" from where they were going.

Further, even though she admitted to federal prosecutors that she never heard Brown say anything, Witness 121 told the county grand jury that Brown screamed, "I give up!" as Wilson faced him in the roadway, gun drawn. However, she claimed that she was too far away to hear Wilson say anything.

Witness 121 has no criminal history. Witness 121 admittedly made false statements during her initial interview, her accounts are inconsistent with each other, inconsistent with the physical and forensic evidence, inconsistent with credible accounts, and she demonstrated bias in favor of Brown's family. Accordingly, after a thorough review of all of the evidence, federal prosecutors determined this witness's accounts to lack credibility and therefore do not support a prosecution of Darren Wilson.

Witness 126 is a 53-year-old black female. She is the godmother of Witness 137. Witness 126 gave two statements, first to the FBI and then to the county grand jury. During the course of her interview with the FBI, Witness 126 stated that her godson had been shot by police.

According to Witness 126, she suffers from memory loss and is under psychiatric care. Her account to the FBI was brief and is inconsistent with the autopsy results. She claimed that she was outside of her apartment during the shooting, never mentioning Witness 121 who claimed to be with Witness 126 at the time. Witness 126 saw Brown on his knees with his hands up, as Wilson was coming toward him and shooting at him. Brown then fell face down to the ground. Wilson went over to him, and similar to what her godson, Witness 137, said, "finished him off." When the FBI told Witness 126 that her account was contrary to the evidence, she became belligerent, grabbed the recording device, shut it off, and would not return it to the agents.

When the agents retrieved it, and turned the recording device back on, Witness 126 admitted that she initially lied. She stated that she never saw Wilson inflict gunshot wounds on Brown. Rather, she saw him running from behind, and then fall to his knees with his hands in the air. She then saw Wilson walking toward Brown, followed by a “click click” sound. Wilson had bruising and redness on the right side of his face. Someone then tapped her on the shoulder and she turned away. She heard nine gunshots in total, and by the time she turned back around, Brown was dead on the ground.

Witness 126 stated that she had spoken with Brown before. They discussed college and helping senior citizens. Brown told her that "everything he used to do, he wouldn't do it anymore."