Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
 

pintobean

(18,101 posts)
116. From the DOJ report
Sun Jul 31, 2016, 12:40 AM
Jul 2016

The results of copy/paste from a pdf make this difficult to read. The text is easier to read from the pdf. It begins on page 58, here:
https://www.justice.gov/sites/default/files/opa/press-releases/attachments/2015/03/04/doj_report_on_shooting_of_michael_brown_1.pdf

xii.
Witness 122
Witness 122 is a 46-year-old
white male. He was laying dr
ain pipe on Canfield Drive
with Witness 130 on the morning of the shooting.
Witness 122 gave six statements, including
testimony before the county gra
nd jury. SLCPD detectives a
nd an FBI agent twice jointly
interviewed him, and SLCPD detectives once in
dependently interviewed
him. Witness 122 and
Witness 130 authored one-page
written statements on advice of
a former boss. Witness 122 and
Witness 130 claimed that they did not discuss what they witn
essed, though Witness 130 admitted
that they read each other’s statements after th
ey were written. Witness 122 gave a media
interview on the condition of anonymity. As
noted throughout this memorandum, federal
prosecutors interviewed many potential witnesses in
an effort to assess credibility and reconcile
internal inconsistencies a
nd inconsistencies with physical evidence,
as is necessary to make a fair
prosecutive decision. Witness 122 ag
reed to meet with federal pr
osecutors only after assurances
that he would not be held against his will at the FBI office, claiming that he had heard of
instances where individuals go to the FBI o
ffice and do not emerge
for days.
According to Witness 122, W
itness 122 and Witness 130 (colle
ctively, “the contractors”)
twice encountered Brown during the morning of
the shootings, first when Brown was alone and
then when Brown was with Witness 101. Witn
ess 122 and Brown did most of the talking, and
the topics included God and smoking marijuana. About 20 minutes after their last conversation
with Brown, the contractors heard a loud bang.
Witness 122 saw Brown running, staggering, or
falling forward. Contrary to th
e autopsy results, Witn
ess 122 described Brow
n being shot in the
back and “knew he had gotten hit.” In fact, bot
h contractors claimed to
have witnessed bullets
go through Brown and exit his bac
k, as evidenced by his shirt
“popping back” and “stuff coming
through.” However, in his interview with fede
ral prosecutors, Witness
122 explained that he
thought that Brown was shot in the back and
stumbled until he saw media reports about the
autopsy commissioned by Brown’s family. After
learning about that autopsy, he realized that
Brown was not shot in the back
and admittedly changed his account.
Witness 122 also claimed that Brown put
his right hand to the ground to regain his
balance when he was hit and as he turned ar
ound. According to both contractors, Brown then
turned around with his hands up and repeatedly
screamed “Okay!” as many as eight times, an
exclamation heard by no other witness. When Witness 122 demonstrated the position of
58
Brown’s hands for federal prosecutors and agen
ts, he wavered from a position of surrender to
one indicative of a person tr
ying to maintain balance.
Contrary to the autopsy results establishing
that the shot to the
top of Brown’s head
would have incapacitated Brown almost immedi
ately, both contractors
insisted that Brown
continued to move toward Wilson as far as 20, 25, or even 30 feet
after the final shots. Witness
122 described Brown as walking “dead on his feet, a
nd then he just fell forward.” Later, both
contractors admitted that they di
d not actually see Brown fall to
the ground, because their view
was obstructed by the co
rner of a building.
Witness 122 insisted that
there were three officers
present during the shootings,
demonstrating the inaccuracy of
his perception. Witn
ess 122 described three uniformed police
officers engaged with Brown in a
“triangle formation” at the time
of the shootings. Witness 122
described a heavyset, older officer, and two “skinny, little people,
” one of whom was possibly a
female and the other with dark hair and a mousta
che, who was a head shorter than the heavyset
officer. Witness 122 described th
e shooter as the heavyset offi
cer. Witness 122 explained that
the heavset officer shot until he ran out of bullets
, and then the shorter officer with the moustache
trained his gun on Brown, but did not shoot. These
statements cannot be rec
onciled with the fact
that Wilson was the only officer present when Brow
n was shot and that Wils
on has a slim build.
Witness 122 also explained that he did not
see Witness 101 at all during the shooting
itself, and did not understand how Witness 101 coul
d claim to see everything if he was hiding
behind a car. Witness 122 also sa
id that contrary to what was
reported in the media, Brown did
not say, “Don’t shoot.”
The contractors, apparently unw
ittingly, were captured on a wi
dely circulated video taken
several minutes after the shooting
while responding officers were
securing the scene with crime
scene tape. That video depict
s another individual yelling, “He
wasn’t no threat at all,” as
Witness 122 put his hands up and stated, “He had
his fucking hands in the air.” As detailed
below, two other witnesses, Witness 128 a
nd Witness 137, each took credit for making the
statement, “He wasn’t no threat at all.”

Both of those witnesses have since acknowledged to
federal agents and prosecutors th
at they did not, in fact, know
whether Brown was a threat.
According to the Brown family, Witness 122 cal
led them after the shooting and told them
that he had seen Wilson shoot Brown execution-
style as Brown was on his knees holding his
hands in the air. However, Witn
ess 122 denied making any statem
ents about the nature of the
shooting to the Brown family. As mentioned,
despite his earlier st
atements, Witness 122
recanted the claim that he actually
saw Brown fall dead to the ground.
Witness 122 has no criminal history. As deta
iled above, material
portions of Witness
122’s accounts are irreconcilable wi
th the physical and forensic
evidence. These accounts are
also inconsistent with each other and inconsistent with credib
le witness accounts. Accordingly,
after a thorough review of all of the evidence, federal prosecut
ors determined this witness’s
accounts not to be credible and therefore do not support a
prosecution of Darren Wilson.



Witness 130
Witness 130 is a 26–year-old white male. As
previously noted, he was laying drain pipe
on Canfield Drive with Witne
ss 122, on the morning of the s
hooting. Witness 130 gave five
statements, including testimony be
fore the county grand jury.
SLCPD detectives and an FBI
agent twice jointly interviewed h
im, and SLCPD detectives once independently interviewed him.
Like Witness 122, Witness 130 authored a one-pag
e written statement on
advice of a former
boss. Witness 122 and Witness 130
claimed that they did not
discuss what they witnessed,
though Witness 130 admitted that they
read each other’s statements
after they were written. Like
Witness 122, Witness 130 ga
ve a media interview on th
e condition of anonymity.
As noted, Witness 122 and Witn
ess 130 twice encountered Brown during the morning of
the shootings, first when Brown was alone a
nd then when Brown was with Witness 101.
Witness 122 and Brown did most
of the talking, and Witness 130 ad
mitted that at times, Brown
seemed paranoid and aggressive, clenching hi
s fists and causing Witn
ess 130 some concern.
Witness 130 thought Brown “was not in his ri
ght mind,” based upon how
paranoid he seemed.
About 20 minutes after their
last conversation with Brow
n, Witness 130 heard a loud
bang. Witness 130 stepped around the corner of an apartment building that was obstructing his
view, and saw Brown “fast walk[ing]” east on Canf
ield Drive. Accordin
g to both contractors,
Brown then turned around with his hands up and
repeatedly screamed “Okay!” as many as eight
times, an exclamation heard by no
other witness According to
Witness 130, after Brown turned
around, he continued to stumble
or otherwise approach Wils
on, although he did not know
whether Brown was speeding up to come after
Wilson, or whether his momentum was carrying
him forward. Wilson then fired at least seven
shots, but as Witness 130 told the grand jury,
Wilson only fired when Brown moved forward.
Witness 130 describe
d Wilson “unloading his
clip” into Brown, although Witn
ess 130 acknowledged that Brown
put his arms down after the
third shot.
Witness 130 explained that Wilson backed up as
Brown approached him.
Contrary to the
autopsy results establishing that the shot to th
e top of Brown’s head w
ould have incapacitated
Brown almost immediately, like Witness 122, W
itness 130 insisted that
Brown continued to
move toward Wilson as far as 20, 25, or even 30 feet
after the final shots.
Contrary to his initial
account, Witness 130 admitted that he did not actu
ally see Brown fall to the ground because his
view was obstructed by the
corner of a building.
Witness 130 has no criminal history. Federal prosecutors attempted to meet with Witness
130 to evaluate inconsistencies in his various
statements. Witness 130 refused to meet with
federal prosecutors, making reliance on his accoun
t problematic because his statements are
inconsistent with each other,
inconsistent with the physical and forensic evidence, and
inconsistent with credible witness accounts. Th
erefore, federal prosecutors could not rely on
Witness 130’s account
to support a prosecution of Darren Wilson.

Recommendations

0 members have recommended this reply (displayed in chronological order):

You are correct. mainstreetonce Jul 2016 #1
The Brown shooting isn't a good example of unnecessary police violence... pipoman Jul 2016 #2
I'm saying that wiki is trying to edit history Ohioblue22 Jul 2016 #3
"Wikipedia" didn't write it, users did... JHB Aug 2016 #126
Blasting an unarmed person 12 times seems pretty representative to me of police violence brush Jul 2016 #5
See 9 pipoman Jul 2016 #10
Look up what unarmed means. Also while you're at it look up how the cop in North Charleston also . . brush Jul 2016 #12
When someone charges a cop who is armed pipoman Jul 2016 #13
Then maybe police ought to stop carrying then Ohioblue22 Jul 2016 #17
Or maybe you shouldn't side with people who try to kill cops. pipoman Jul 2016 #25
You believe the cop. I don't. We've all seen videos that have proved many cops lie to cover. . . brush Jul 2016 #61
He didn't seem to have a great track record of quality decision making... TipTok Jul 2016 #62
The same guy who would do this.... pipoman Jul 2016 #63
Wilson knew nothing of the convenience store incident when he killed Brown brush Jul 2016 #66
Obama's Justice Department says otherwise. pipoman Jul 2016 #70
The white guy construction workers said he had his hands up and cop kept shooting brush Jul 2016 #71
"Nobody"...wrong pipoman Jul 2016 #73
Of course you would take the word of the cop. He's the only one who said Brown charged into . . . brush Jul 2016 #95
I take the word of the Justice Department pipoman Jul 2016 #96
"Lot of lying was going on to that grand jury" pintobean Jul 2016 #100
Witnesses vs. Whitewash Uponthegears Jul 2016 #105
From the DOJ report pintobean Jul 2016 #116
Please do not apologize for the disjointed C&P Uponthegears Jul 2016 #117
tl;dr dc pintobean Jul 2016 #118
Facts are like that Uponthegears Jul 2016 #119
You don't offend me. pintobean Jul 2016 #120
There is only one reason people Uponthegears Jul 2016 #121
It was a coded message pintobean Jul 2016 #122
Oh my Uponthegears Jul 2016 #123
Lol. No, I'm done. pintobean Jul 2016 #124
Well said, well reasoned post. The cop apologists here probably won't give it credence . . . brush Aug 2016 #131
100% rgbecker Aug 2016 #152
The autopsy showed that his hands were down Travis_0004 Aug 2016 #127
The autopsy doesn't, and can't possibly show that his hands were down . . . brush Aug 2016 #132
True, it only showed that his hands were down when he was shot. Travis_0004 Aug 2016 #146
Which shots? Uponthegears Aug 2016 #147
Yes, shot while UNAMRED. brush Aug 2016 #149
Yep Uponthegears Aug 2016 #150
Felon?....do go on... pkdu Jul 2016 #77
He did charge towards Wilson. Its in the DOJ investigation. n/t Waldorf Jul 2016 #30
And you believe someone charged into 12 live bullets? brush Jul 2016 #67
Oh do go on, is it cause he was one of those hepped up super black men the police fear so much? CBGLuthier Jul 2016 #6
He charged a cop... pipoman Jul 2016 #9
The murderer knew nothing of the robbery at the time of the confrontation Ohioblue22 Jul 2016 #16
No they aren't. So you think a badge = superman? pipoman Jul 2016 #23
Seems rather obvious you don't know what police brutality is. Rex Jul 2016 #24
Tell me after you have copped for 5 minutes. pipoman Jul 2016 #27
Wrong. Rex Jul 2016 #31
Every cop is trained to protect their weapon with deadly force. pipoman Jul 2016 #34
We've seen many examples of white people doing to cops things that would have gotten a black man kil Ohioblue22 Jul 2016 #41
Twice as many whites are shot by police than blacks...fact. pipoman Jul 2016 #48
Um , wouldn't use that "fact" even if the math is correct as there is an inherent problem in it pkdu Jul 2016 #78
It is about the same rate as commission of murder by race... pipoman Jul 2016 #83
You seem to having trouble making a point? or are you just throwing out a list of unrelated data pkdu Jul 2016 #88
I can't help it if you can't understand...it really is simple. pipoman Jul 2016 #91
Dylan Roof was calmly brought into police custody after killing nine people during a prayer service Ohioblue22 Aug 2016 #158
My purpose for posting this was in no way about police Ohioblue22 Jul 2016 #29
This case was the proverbial straw on the issue of unpunished pipoman Jul 2016 #35
The Brown case was not legitimate use of force. brush Jul 2016 #68
This guy would.... pipoman Jul 2016 #69
The guy was unarmed. The cop didn't know about the convenience store incident yet still gunned . . . brush Jul 2016 #72
"Unarmed" no...he was armed with legs and arms and a desire to disarm a cop pipoman Jul 2016 #74
There you go leaving out important details. brush Jul 2016 #94
So you believe his criminal counterpart over Obama's Justice Department....got it pipoman Jul 2016 #97
Let's see, eyewitness vs. Uponthegears Jul 2016 #102
Eyewitness = most unreliable form of evidence pipoman Jul 2016 #107
Okay, so if eyewitnesses are incredible Uponthegears Jul 2016 #108
No, my preference is body cams on every officer.... pipoman Jul 2016 #110
Much like Trayvon was "armed" with the sidewalk Ohioblue22 Aug 2016 #141
Again, false; the dispatcher alerted the "seating in progress", with descriptions, well before (nt) LongtimeAZDem Jul 2016 #56
See post 20 below...the Justice Department disagrees and actually has evidence to the contrary pipoman Jul 2016 #92
I think you meant to post this to someone else, because you're agreeing with me LongtimeAZDem Jul 2016 #93
..... pipoman Jul 2016 #98
I know exactly how you feel (nt) LongtimeAZDem Jul 2016 #99
Why would anyone charge a cop who has his gun drawn? killbotfactory Jul 2016 #84
Why would anyone bully and terrorize a store owner over a box of blunts? pipoman Jul 2016 #85
because a couple dollars worth of blunts are trivial compared to your life? nt killbotfactory Jul 2016 #86
No...poor judgement...many times....in rapid succession... pipoman Jul 2016 #87
So he was running away, stopped, turned around and charged at a cop with a gun drawn? killbotfactory Jul 2016 #89
Read the Obama DoJ report...it is comprehensive... pipoman Jul 2016 #90
Fuck that piece of shit murdering cop. JTFrog Jul 2016 #101
Barack Obama's Justice Department pipoman Jul 2016 #104
Fuck that piece of shit murdering pig. JTFrog Jul 2016 #113
Funny that we trusted them when they cleared Hillary ripcord Aug 2016 #144
Thanks for the revealing post Uponthegears Aug 2016 #148
No, I don't think you're wrong, I've read that more than once, too. marble falls Jul 2016 #4
Allow me to propose another scenario Uponthegears Jul 2016 #7
(no one in their right mind is claiming that Wilson knew about the convenience store incident until Ohioblue22 Jul 2016 #14
Just amazing Uponthegears Jul 2016 #18
On the contrary...the JD investigation reported Wilson was aware of the robbery BEFORE he stopped True Earthling Jul 2016 #26
The Justice Department disagrees with you. hack89 Jul 2016 #32
The DOJ is only right when they agree with us ripcord Jul 2016 #37
That's one cute and clever reply Ohioblue22 Jul 2016 #58
The Wiki page references the Justice Department investigation. hack89 Jul 2016 #59
False; the dispatcher alerted the "steaing in progress" at 11:53 am (nt) LongtimeAZDem Jul 2016 #55
Wikipedia is open to anyone to edit. malthaussen Jul 2016 #8
I know so I registered as an editor and changed it Ohioblue22 Jul 2016 #15
^5 Uponthegears Jul 2016 #19
It'll be reverted. Igel Jul 2016 #20
Which is why wiki cannot ever be a reliable source Ohioblue22 Jul 2016 #21
The sources cited can be mythology Jul 2016 #64
Not how I remember it either. gollygee Jul 2016 #11
Message auto-removed Name removed Aug 2016 #125
Did you read the citations noted in the Wiki? True Earthling Jul 2016 #22
If he knew about the robbery he would have tried to arrest them Them instead of just telling them to Ohioblue22 Jul 2016 #40
Ask the Obama JD...are you pretending they didn't investigate? pipoman Jul 2016 #47
+1 Vattel Aug 2016 #159
The same doj that couldn't find anything actionable with the fraud committed by the banksters Ohioblue22 Jul 2016 #43
Wiki reflects what the Justice Department investigation found. hack89 Jul 2016 #28
If he knew about the robbery he would have tried to arrest them Ohioblue22 Jul 2016 #39
I suggest you find and read the Justice Department investigation hack89 Jul 2016 #46
Oh I'm sure what they call the facts back up the conclusion Ohioblue22 Jul 2016 #50
So President Obama directed the Attorney General to cover up a murder? hack89 Jul 2016 #54
The lengths we will go PrideofJefferson Jul 2016 #80
Opinion sites are worth as much as the people posting their opinions about events. Rex Jul 2016 #33
You don't trust the Obama Justice Department? pipoman Jul 2016 #36
Is Wiki the JD? Rex Jul 2016 #38
Almost the entire wiki entry is from the Obama JD report... pipoman Jul 2016 #44
The Obama doj let the banksters walk, trust only goes so far. Strangely the u.s. Couldn't find Ohioblue22 Jul 2016 #42
Other countries were investigating Ferguson? pipoman Jul 2016 #45
What do you think Ohioblue22 Jul 2016 #49
That they weren't. Throd Jul 2016 #57
What do I think? I think idiots and fools think they did... pipoman Jul 2016 #60
The information in the OP is consistent with the Justice Department findings. Trust Buster Jul 2016 #51
Because you remember the media and activist narrative that spread wildly right after Lee-Lee Jul 2016 #52
I've always thought this particular case didn't deserve as much attention as some others. Lil Missy Jul 2016 #53
More context loyalsister Jul 2016 #65
You were listening to the same hype that sparked the awful riots. Boudica the Lyoness Jul 2016 #75
You are NOT wrong. You are 100 percent correct. BlueCaliDem Jul 2016 #76
Message to the Brown haters Uponthegears Jul 2016 #79
I am trying to understand PrideofJefferson Aug 2016 #129
how could you remember what happened? Enrique Jul 2016 #81
Exactly; one of the points of the BLM manifesto is "Independently investigate and prosecute police LongtimeAZDem Jul 2016 #109
A grand jury investigation TeddyR Jul 2016 #82
Ackkk this post is infested by Fuzz Boxerfan Jul 2016 #103
It seems to be the opposite effect imo, people are reading what they type and realize Rex Jul 2016 #112
It's fucking disgusting and pathetic. nt JTFrog Jul 2016 #114
You are correct. But whatever happened, there was no excuse to shoot Brown that many times. Hoyt Jul 2016 #106
Well it doesn't help that the city PD was holding the entire population of POC economic Rex Jul 2016 #111
From 'minimum force' to 'Unleashing the Warrior Spirit' kristopher Jul 2016 #115
All well and good, but shooting 12 times at an unarmed, fleeing man . . . brush Aug 2016 #133
You may have missed my point. kristopher Aug 2016 #134
Sorry if I did, but what was it? brush Aug 2016 #135
I don't think I can make it more clear. kristopher Aug 2016 #136
Benghazi! PrideofJefferson Aug 2016 #128
Maybe because your seeing what you want to see Ohioblue22 Aug 2016 #137
I wasn't there PrideofJefferson Aug 2016 #142
I wasn't there. That's cute Ohioblue22 Aug 2016 #143
What's cute about that PrideofJefferson Aug 2016 #145
No I wasn't there either sorry you don't understand my point Ohioblue22 Aug 2016 #155
My goodness PrideofJefferson Aug 2016 #157
you lost that one Skittles Aug 2016 #151
Lost? I didn't realize this was a game Ohioblue22 Aug 2016 #153
LOLOL Skittles Aug 2016 #154
Ok you win?I congrats Ohioblue22 Aug 2016 #156
Wiki article, for reference steve2470 Aug 2016 #130
While I thank you for the heads-up on that was it really that hard to find? Ohioblue22 Aug 2016 #138
no, just a courtesy request, that's all nt steve2470 Aug 2016 #139
Ok thanks... I'll keep it in mind Ohioblue22 Aug 2016 #140
Latest Discussions»General Discussion»This is not how I remembe...»Reply #116