At approximately noon on Saturday, August 9, 2014, Officer Darren Wilson of the Ferguson Police Department (“FPD”) shot and killed Michael Brown, an unarmed 18-year-old. The Criminal Section of the Department of Justice Civil Rights Division, the United States Attorney’s Office for the Eastern District of Missouri, and the Federal Bureau of Investigation (“FBI”) (collectively, “The Department”) subsequently opened a criminal investigation into whether the shooting violated federal law. The Department has determined that the evidence does not support charging a violation of federal law. This memorandum details the Department’s investigation, findings, and conclusions. Part I provides an introduction and overview. Part II summarizes the federal investigation and the evidence uncovered during the course of the investigation, and discusses the applicable federal criminal civil rights law and standards of federal prosecution. Part III provides a more in-depth summary of the evidence. Finally, Part IV provides a detailed legal analysis of the evidence and explains why the evidence does not support an indictment of Darren Wilson.
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Federal authorities reviewed physical, ballistic, forensic, and crime scene evidence; medical reports and autopsy reports, including an independent autopsy performed by the United States Department of Defense Armed Forces Medical Examiner Service (“AFMES”); Wilson’s personnel records; audio and video recordings; and internet postings. ***always know, the eye in the sky records everything***
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The principles of federal prosecution, set forth in the United States Attorneys’ Manual (“USAM”), require federal prosecutors to meet two standards in order to seek an indictment. First, we must be convinced that the potential defendant committed a federal crime. (a federal prosecution should be commenced only when an attorney for the government “believes that the person’s conduct constitutes a federal offense”). Second, we must also conclude that we would be likely to prevail at trial, where we must prove the charges beyond a reasonable doubt.
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Wilson was on duty and driving his department-issued Chevy Tahoe SUV westbound on Canfield Drive in Ferguson, Missouri when he saw Brown and his friend, Witness 101, 2 walking eastbound in the middle of the street. Brown and Witness 101 had just come from Ferguson Market and Liquor (“Ferguson Market”), a nearby convenience store, where, at approximately 11:53 a.m., Brown stole several packages of cigarillos. As captured on the store’s surveillance video, when the store clerk tried to stop Brown, Brown used his physical size to stand over him and forcefully shove him away. As a result, an FPD dispatch call went out over the police radio for a “stealing in progress.” The dispatch recordings and Wilson’s radio transmissions establish that Wilson was aware of the theft and had a description of the suspects as he encountered Brown and Witness 101.
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Brown ran at least 180 feet away from the SUV, as verified by the location of bloodstains on the roadway, which DNA analysis confirms was Brown’s blood. Brown then turned around and came back toward Wilson, falling to his death approximately 21.6 feet west of the blood in the roadway.
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As detailed throughout this report, several witnesses stated that Brown appeared to pose a physical threat to Wilson as he moved toward Wilson. According to these witnesses, who are corroborated by blood evidence in the roadway, as Brown continued to move toward Wilson, Wilson fired at Brown in what appeared to be self-defense and stopped firing once Brown fell to the ground. Wilson stated that he feared Brown would again assault him because of Brown’s conduct at the SUV and because as Brown moved toward him, Wilson saw Brown reach his right hand under his t-shirt into what appeared to be his waistband. There is no evidence upon which prosecutors can rely to disprove Wilson’s stated subjective belief that he feared for his safety.
**was he reaching for something**
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As documented by crime scene photographs, Brown fell to the ground with his left, uninjured hand balled up by his waistband, and his right, injured hand palm up by his side...
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While credible witnesses gave varying accounts of exactly what Brown was doing with his hands as he moved toward Wilson – i.e., balling them, holding them out, or pulling up his pants up – and varying accounts of how he was moving – i.e., “charging,” moving in “slow motion,” or “running” – they all establish that Brown was moving toward Wilson when Wilson shot him. Although some witnesses state that Brown held his hands up at shoulder level with his palms facing outward for a brief moment, these same witnesses describe Brown then dropping his hands and “charging” at Wilson.
Now, can we please stop supporting young black men, doing the wrong thing, and blaming the police for it?
LOL @ how a dumb racist Trollop and her fav racist cop, login, to pretend that darkskinned-NI99ER Mike Brown raising his hand up at a store clerk who (illegally) grabbed him...is why Darren Wilson executed Mike Brown.
ROFL
I love IT how easy it is to expose, lowdown racists, who only post on this website to try and make negroes look subhuman.
Witness 102 explained that it made no sense to him why Brown turned around. Brown did not get on the ground or put his hands up in surrender. In fact, Witness 102 told investigators that he knew “for sure that [Brown’s] hands were not above his head.” Rather, Brown made some type of movement similar to pulling his pants up or a shoulder shrug, and then “charged” at Wilson. It was only then that Wilson fired five or six shots at Brown. Brown paused and appeared to flinch, and Wilson stopped firing. However, Brown charged at Wilson again, and again Wilson fired about three or four rounds until Brown finally collapsed on the ground. Witness 102 was in disbelief that Wilson seemingly kept missing because Brown kept advancing forward. Witness 102 described Brown as a “threat,” moving at a “full charge.” Witness 102 stated that Wilson only fired shots when Brown was coming toward Wilson. It appeared to Witness 102 that Wilson’s life was in jeopardy.
Witness 102 “kept thinking” that Wilson’s shots were “missing” Brown because Brown kept moving.
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Witness 103 is a 58-year-old black male who gave two statements. saw Brown punching Wilson at least three times in the facial area, through the open driver’s window of the SUV. Witness 103 described Wilson and Brown as having hold of each other’s shirts, but Brown was “getting in a couple of blows.” Wilson was leaning back toward the passenger seat with his forearm up, in an effort to block the blows.
Brown came to a stop near a car, put his hand down on the car, and turned around to face Wilson. Brown’s hands were then down at his sides. Witness 103 did not see Brown’s hands up.
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Witness 104 was in a minivan that had been traveling in the opposite direction of Wilson. According to Witness 104, she was leaning over, talking to her sister, Witness 107, when she heard two gunshots. She looked out the front window and saw Brown at the driver’s window of Wilson’s SUV. Witness 104 knew that Brown’s arms were inside the SUV, but she could not see what Brown and Wilson were doing because Brown’s body was blocking her view. Witness 104 saw Brown run from the SUV, followed by Wilson, who “hopped” out of the SUV and ran after him while yelling “stop, stop, stop.” Wilson did not fire his gun as Brown ran from him. Brown then turned around and “for a second” began to raise his hands as though he may have considered surrendering, but then quickly “balled up in fists” in a running position and “charged” at Wilson.
Witness 104 described it as a “tackle run,” explaining that Brown “wasn’t going to stop.” Wilson fired his gun only as Brown charged at him, backing up as Brown came toward him. Witness 104 explained that there were three separate volleys of shots. Each time, Brown ran toward Wilson, Wilson fired, Brown paused, Wilson stopped firing, and then Brown charged again. The pattern continued until Brown fell to the ground, “smashing” his face upon impact. Wilson did not fire while Brown momentarily had his hands up.
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Witness 104 explained that it took some time for Wilson to fire, adding that she “would have fired sooner.”
Yea, me too..
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Witness 108 is a 74-year-old black male who claimed to have witnessed the shooting, stated that it was justified, but repeatedly refused to give formal statements to law enforcement for fear of reprisal should the Canfield Drive neighborhood find out that his account corroborated Wilson. Witness 108 refused to identify himself or give details, but told detectives that the police officer was “in the right” and “did what he had to do,” and the statements made by people in the apartment complex were inaccurate. SLCPD detectives finally tracked down Witness 108 at a local repair shop, where he reluctantly explained that Wilson told Brown to “stop” or “get down” at least ten times, but instead Brown “charged” at Wilson. Witness 108 told detectives that there were other witnesses on Canfield Drive who witnessed the same thing.
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Witness 108 said, “would have fucking shot that boy, too.”
Ho-hum ... White racist HISP cop spits on grave of dead darkskinned-NI99ER by way of what Philosophical Scholars title as 'The Irrelevent Conclusion Fallacy Argument' and 'The Straw Man Fallacy Argument' no doubt indeed... Nothing new to see here
Fortunately, I am able to help you readers "see" right through a racist cop and get cognizant of his sick, vile hatred for darkskinned-Blacks.
LOL @ how a dumb racist Trollop and her fav racist cop, login, to pretend that darkskinned-NI99ER Mike Brown raising his hand up at a store clerk who (illegally) grabbed him...is why Darren Wilson executed Mike Brown.
ROFL
I love IT how easy it is to expose, lowdown racists, who only post on this website to try and make negroes look subhuman.
REPORT: Autopsy, Toxicology Report On Mike Brown Reveal Marijuana, Casting Doubt On Witness Claims He Was Running Away
POSTED BY: STAFF WRITER OCTOBER 22, 2014
Michael Brown, the 18-year-old black man whose fatal shooting by a white police officer in the St. Louis suburb of Ferguson in August touched off weeks of racially-charged rioting, had marijuana in his system, was initially shot at close range and does not appear to have been killed while running away, according to experts who reviewed the official autopsy and toxicology report.
The documents, obtained by the St. Louis Post-Dispatch and analyzed by two experts not directly involved in the case, appears to contradict witness accounts that claimed Brown was running away from Police Officer Darren Wilson, 28, when he was killed on Aug. 9. The new information comes on the heels of reports that Wilson told authorities Brown had reached inside Wilson’s police SUV and struggled for his gun, resulting in Wilson firing twice, hitting Brown once in the hand. Moments later and outside of the vehicle, Wilson fired the fatal bullets that sparked a national controversy.
The toxicology test, also obtained by the newspaper and performed by a St. Louis University laboratory, revealed marijuana in Brown’s blood and urine. Alfred Staubus, a consultant in forensic toxicology at The Ohio State University College of Pharmacy, told the newspaper THC could impair judgment or slow reaction times but that there was no reliable measurement to make those conclusions.
“The detection of THC in the postmortem blood of Michael Brown really indicates his recent use of marijuana (within a few hours) and that he may or may not have been impaired at the time of his death,” Staubus said.
The shots fired outside of the vehicle hit Brown in the forehead, upper right arm and twice in the chest, Melinek said. The fatal shot to the top of Brown’s head indicates he was falling forward or in a lunging position toward the shooter, she said. The fact that a sixth shot hit his forearm and traveled from the back of the arm to the inner arm shows Brown’s palms could not have been facing Wilson, as some witnesses have said, Melinek said.