Page:DOJ Report on Shooting of Michael Brown.djvu/68

 Throughout the interview, Witness 137 also referred to events that preceded the initial gunshots even though he admitted that he did not see those events. He also discussed the interaction at the SUV, the location of recovered bullets, and the type of clip in the officer's gun.

During their follow-up interview with Witness 137, federal prosecutors and agents asked Witness 137 to describe only what he saw. Witness 137 once again stated that the sound of a gunshot drew his attention. When he moved further onto his porch, he said that he heard another shot, and saw Brown turn around with his hands up. Referencing the arm graze wound that was widely reported in the news after the privately-commissioned autopsy, Witness 137 stated that he believed that wound caused Brown to turn around. He then saw the officer backing up while firing shots as Brown walked at a "steady pace" of about ten steps in total toward him. According to Witness 137, there was no pause in the succession of shots, and Brown kept walking, even after he was shot in the torso. Witness 137 stated, "that's all I seen," explaining that he did not see Brown fall to the ground because that occurred in a blind spot. However, he was able to see the officer walk away, call for back up, and appear to be discombobulated. It was then that Witness 137 walked over to the scene where Brown's body lay in the street. Contrary to his previous statement, Witness 137 denied that the officer shot Brown from less than an arm's length away, denied that he saw the officer shoot Brown execution-style; denied that the officer shot Brown when he was on the ground; denied that the officer "finished him off;" and denied that Brown's last words while on his knees were "Don't shoot." Witness 137 explained that he initially told the FBI that the officer stood over Brown and shot him execution-style while on his knees because he "assumed" that to be true. Witness 137 based his assumptions on the sound of the bullets and "common sense" from living in the community, despite claiming to have a "clear visual" of events.

Witness 137 also identified his voice on the aforementioned video taken in the aftermath of the shooting depicting the two contractors. As mentioned, Witness 137 was one of two people who claimed to be off camera shouting, "He wasn't no threat at all," because he did not perceive Brown to be a threat. However, Witness 137 acknowledged that contrary to what he originally told the FBI, the only part he saw was Brown moving back toward the officer. He did not witness what transpired at the SUV, did not witness Brown run from the SUV, and he did not witness Brown fall to his death. Therefore, Witness 137 agreed that he did not know whether Brown was a physical threat before or after the portion that Witness 137 claimed to see.

Witness 137 has previously been convicted of second-degree murder and armed criminal action which likely would be admissible in federal court as impeachment evidence. Additionally, Witness 137 was untruthful to the FBI during his initial interview, and untruthful in his media accounts. Although he later recanted most of what he claimed to have seen, he was unable to offer a credible explanation as to why he was not truthful at the outset, leaving federal prosecutors to question what, if anything, he actually did witness. His accounts are inconsistent with each other, inconsistent with the physical and forensic evidence, and inconsistent with credible witness accounts. Accordingly, after a thorough review of the evidence, federal prosecutors determined this witness's accounts not to be credible and therefore do not support a prosecution of Darren Wilson.