Report: Feds don’t have evidence to charge officer who shot Michael Brown

Darren Wilson, the Ferguson, Missouri, police officer who on August 9 shot and killed unarmed black 18-year-old Michael Brown, told federal investigators that Brown reached for his gun and made him fear for his life as he was pinned to his car, according to unnamed government officials interviewed by the New York Times.

The officials, who were reportedly briefed on the federal civil rights investigation into the Brown shooting, reportedly said that forensic tests performed by the FBI found Wilson’s gun had been fired twice in the car. One bullet struck Brown in the arm, while the other missed.

The forensic evidence also found Brown’s blood on the gun, the interior door panel of Wilson’s vehicle, and on Wilson’s uniform.

Wilson reportedly told officials that Brown attacked him, leaving a swelling on his face and cuts on his neck after multiple punches and scratches. This reported account contradicts what other eyewitnesses who saw the shooting have told media and investigators.

So far, the evidence in the federal investigation, officials told the New York Times, doesn’t support civil rights charges against Wilson, although the investigation is still underway. To press charges, the Justice Department would need to clear the high legal bar of proving Wilson willfully violated Brown’s civil rights by shooting him.

Alongside the federal investigation and a local police department investigation, a grand jury in Missouri is currently considering whether it should indict Wilson over the shooting.

Why was Michael Brown shot?

On August 9, 2014, Ferguson Police Officer Darren Wilson shot and killed Michael Brown, an unarmed black 18-year-old.

The details of the shooting are in dispute: eyewitnesses say Brown was killed while trying to surrender, but police say Brown assaulted Wilson prior to the shooting. Police also said Brown was a suspect in a robbery earlier that day, but they later clarified that Wilson initially stopped Brown for jaywalking, not the alleged robbery.

What’s confirmed so far

Ferguson Police Chief Tom Jackson fields questions from press
Ferguson Police Chief Tom Jackson fields questions from press

1) Wilson shot and killed Brown in the early afternoon of Saturday, August 9, outside of an apartment complex.

2) Wilson stopped Brown because he was jaywalking, not because Wilson believed him a robbery suspect.

3) Brown was unarmed. All the shell casings found on scene were from Wilson’s gun.

4) At least one round was fired from inside Wilson’s squad car. Brown died about 35 feet from the car.

5) An independent, preliminary autopsy found Wilson shot Brown at least six times from the front, and two of the bullets struck Brown on the head. One of the bullets appears to have hit the top of Brown’s head. “This one here looks like his head was bent downward,” Dr. Michael Baden, who conducted the autopsy on behalf of Brown’s family, told the New York Times. “It can be because he’s giving up, or because he’s charging forward at the officer.”

6) Wilson has been on the police force for six years, and he has no disciplinary action on his record. He has been put on paid administrative leave following the shooting.

What’s disputed about the shooting

"Hands up, don't shoot" became the motto of the Ferguson protests after eyewitnesses said Michael Brown tried to surrender before Darren Wilson fatally shot him.
“Hands up, don’t shoot” became the motto of the Ferguson protests after eyewitnesses said Michael Brown tried to surrender before Darren Wilson fatally shot him.

The accounts of eyewitnesses and police differ. Here is what some of the eyewitnesses at the scene of the shooting said happened, as well as Wilson’s reported account.

Dorian Johnson’s account

This is what Johnson, a friend of Brown’s who was with him when he died, said happened: He and Brown were walking in the middle of the street when Wilson intercepted them and told them to get on the sidewalk. When Wilson tried to get out of his car, the door hit Johnson and Brown and ricocheted into Wilson — upsetting the officer. Wilson grabbed Brown by the neck, and Brown tried to get away. Wilson pulled out his gun and shot Brown. At that point, Brown and Johnson began to run away and the officer fired again. When Brown realized he was hit, he turned around and raised his hands in the air. Wilson approached Brown and fired several more shots.

Tiffany Mitchell’s account

This is what Mitchell, who saw the shooting while on her way to pick up an employee in the area of the shooting, saidhappened: She first saw a struggle between Brown and Wilson, with Brown trying to push away from the police car and Wilson trying to pull the teenager into the vehicle. The first gunshot then came from the car, while both of Brown’s hands were outside the vehicle. At that point, Brown broke away and started running down the street. Wilson chased after Brown while shooting at the teenager. Brown’s body jerked, as if he was hit, and he turned around, stood still, and put his hands up. Wilson continued shooting Brown even as the teenager attempted to surrender, and Brown went down.

Piaget Crenshaw’s account

This is what Crenshaw, who saw the shooting while she was waiting for a ride to work, said happened: She saw Wilson try to pull Brown into the squad car. When Brown ran away with his back facing the officer, Wilson fired several shots. Brown then turned around and began putting his hands up, and Wilson fired more shots and Brown collapsed. Crenshaw recorded video after Brown was killed, which she turned over to police.

Anonymous local resident’s account

This is what an anonymous local resident, who reportedly saw the shooting from start to finish, said happened: Wilson and Brown appeared to tussle at the officer’s police SUV. A shot went off, and Brown ran, followed by Wilson. Wilson aimed his handgun while yelling, “Stop! Stop! Stop!” Brown stopped, mumbled something inaudible, and took a step toward Wilson. The officer again told Brown to stop, and he fired three shots. Brown then put his hands up, staggered, and Wilson fired more shots as Brown fell to the floor.

Darren Wilson’s account

This is what Wilson said happened, according to St. Louis County Police Chief Jon Belmar and a New York Times interview with unnamed government officials briefed on the federal investigation: Brown physically assaulted Wilson prior to the shooting. Wilson attempted to get out of the car, but Brown pushed him back into the vehicle. Brown then physically assaulted Wilson and attempted to grab the officer’s weapon. Two gun shots were fired in the car — one missed, while the other hit Brown’s arm. Brown then ran away, and Wilson fired more gunshots and eventually killed Brown about 35 feet from the police car. Wilson was reportedly injured during the encounter, and one side of his face was left swollen.

Did Brown’s alleged robbery influence Wilson’s actions?

Ferguson Police claim Brown and Johnson stole some cigars in a convenience store robbery prior to the shooting. Police clarified, however, that Wilson wasn’t aware of the robbery allegations at the time of the initial stop and instead stopped Brown for jaywalking. Ferguson Police Chief Tom Jackson later told the St. Louis Post-Dispatch that Wilson realized Brown could be the suspect of the robbery when he spotted potentially stolen cigars in Brown’s hand in the middle of the stop.

(From the: Vox)