Page:DOJ Report on Shooting of Michael Brown.djvu/74

 Witness 139 has no criminal history. Witness 139's account was incoherent and inconsistent throughout, markedly inconsistent with the physical and forensic evidence, and inconsistent with credible witness accounts. Wilson was driving an SUV westbound at noon, not a car eastbound at 2:30 p.m.; Wilson fired the first shot inside the SUV, not straight out the window; Brown moved toward Wilson and did not fall to his death where he turned around, nor did he die within an arm's length of the police vehicle; and Wilson did not stand over Brown and shoot him causing him to bleed from the back. Accordingly, federal prosecutors determined this witness's account not to be credible and therefore it does not support a prosecution of Darren Wilson.

Witness 120 is a 19-year-old black male who said he was Brown's best friend and Witness 101's "cousin." Brown was staying with Witness 120 the night before the shooting occurred, during which time they did "a whole lot of talking about God" and "about the problems that [they have] been going through." Witness 120 explained that it seemed like Brown was "going through a phase." Witness 120 gave three statements, including his testimony before the county grand jury. FBI agents and SCLPD detectives initially interviewed Witness 120 in the presence of his lawyer and his uncle. Witness 120 gave an internally inconsistent account that was also inconsistent with physical evidence. Federal prosecutors and agents interviewed Witness 120, with his lawyer present, in an attempt to determine what he actually witnessed.

According to Witness 120's initial account, he was on the phone on the third floor of his sister's apartment when he heard a gunshot. He instantly hopped up to look out the window because he knew that Brown and Witness 101 were walking to the store to get cigarillos to smoke marijuana later that day. When he looked out the window, Witness 120 saw Brown, who was facing the window, drop to his knees with his hands in the air, blood coming from his left shoulder and ribcage. Brown's back was to the police vehicle. Witness 101 was next to Brown. Brown told Witness 101 to “run for your life.” However, later in the same interview, Witness 120 stated that Witness 101 told him (Witness 120) that he, Witness 101, ran away after that first shot. When Witness 120 testified before the county grand jury, he said that he did not see Witness 101 until after the shooting was over.

According to Witness 120, Wilson then got out of the police cruiser, and positioned himself "a step away" from Brown, who stated, "Please don't shoot me." Wilson then shot Brown “point blank” in the head and Brown fell on his side. Wilson then fired eight more shots while Brown was on the ground, one of which grazed his arm.

During his follow-up interview with federal prosecutors and federal agents, Witness 120 stated that he was asleep when Brown and Witness 101 left to go to the store. He woke to the sound of a gunshot. Witness 120 then repeated the same account as before: He went to the window and saw Brown on his knees with his hands up, situated about five feet from the police