November 25, 2014
Ferguson Case Documents: State of Missouri v. Darren Wilson
written by Net Advisor™ Documents Facilitated by NetAdvisor.org®
FERGUSON, Missouri. A Grand Jury representing a cross-section of twelve people from the town of Ferguson, MO., examined evidence, met 25 days over last three months with some 170 hours of testimony given by some 60 witnesses according to the prosecutor, Robert McCulloch.
Robert McCulloch is a registered Democrat and has been the Prosecuting Attorney for St. Louis County, Missouri since 1991. McCulloch won re-election six times to office by the people of Ferguson.
The purpose of the Grand Jury was to determine if material LEGAL evidence exists to pursue a criminal case against the accused.
“A grand jury’s purpose is to investigate alleged crimes, examine evidence, and issue indictments if they believe that there is enough evidence for a trial to proceed.
They are an impartial panel of citizens who must determine whether reasonable cause or probable cause to believe that a crime has been committed exists. The grand jury acts as a check on the prosecutorial power of the state.”
— Source: U.S. Legal.com
Michael Brown has been described by many media organizations as an ‘unarmed black teenager.’ The prosecutor in the case, McCulloch chastised the media for their speculative handling on this case.
Michael Brown was 18, technically a ‘teenager,’ but in the eyes of U.S. law, Mr. Brown was a legal adult. Michael Brown was built like a formidable football linebacker. At Brown’s time of death he measured 6 foot 4 inches tall and weighed 292 pounds.
Mr. Brown did not have a typical weapon such as a knife or gun. Mr. Brown used his sheer size, weight and strength to intimidate and physically assault both a convenience store clerk and a police officer.
Michael Brown and his companion were caught on video surveillance at a Ferguson convenience store where Brown reportedly stole a box of $48 cigars.
The store clerk tried to prevent Mr. Brown from leaving by blocking the door’s exit. Mr. Brown assaulted the clerk by physically pushing the clerk away from Brown. Mr. Brown then began to walk away from the clerk by pushing the exit door wide open with one hand.
Brown then turns around and re-engages the store clerk. Mr. Brown towers over the clerk in an intimidating fashion, as if his body language is suggesting, don’t challenge me, I’m physically much bigger than you.
Ferguson Store Surveillance Video:
At this point, Brown and his companion are suspects in a robbery. This video alone would not give cause for an officer to shoot at the suspects. Police had not seen the video at this time either. Had Mr. Brown not committed the crime of robbery, he would not have been sought after by police.
Shortly after police dispatch notified area officers of the incident at the convenience store. Officer Wilson noticed a man fitting the description of the convenience store robbery. This is what Officer Wilson stated in regard to his initial contact with Mr. Brown (P209).
“…I then placed my car in reverse and backed up and I backed up just past them and then angled my vehicle, the back of my vehicle to kind of cut them off kind to keep them somewhat contained.”
“As I did that, I go to open the door and I say, hey, come here for a minute to Brown.”
“As I ‘m opening the door he turns, faces me, looks at me and says, “what the f**k are you going to do about it”, and shuts my door, slammed it shut. I haven’ t even got it open enough to get my leg out, it was only a few inches.””
— Officer Wilson Testimony, Initial Contact with Robbery Suspect Michael Brown (P209).
Mr. Brown’s behavior demonstrated that Brown took immediate and hostile actions toward the officer.
Many people did not see the actual officer-involved incident, and many witnesses acknowledged later that they did not actually see the shooting. The prosecutor believes that the witness believed what they thought they saw, however some witnesses “made up” claims.
Witness(es) saw Mr. Brown punching the officer who was inside his police vehicle where the first two shots were fired, one striking Mr. Brown. The second gunshot was “unrecoverable” the prosecutor said. Brown’s DNA was found inside the police vehicle and on officer’s weapon. Many of the witnesses were Afro-American and from Ferguson.
A foot chase began as Officer Wilson pursued Mr. Brown. Some have alleged that Mr. Brown was shot in the back. Physical evidence showed that this was not the case.
At one point, Mr. Brown stopped being pursued, turned toward the officer and began ‘charging’ at the officer. Fearing for his life, the officer drew his sidearm and fired at Mr. Brown who was struck several times, but not fatal wounds.
Mr. Brown stopped after being shot again (first in the police car struggle), then again after charging toward the officer. The officer stopped shooting when Brown stopped charging at him.
Mr. Brown seemed unfazed after being repeatedly shot and resumed charging again at Officer Wilson. A toxicology report found that Mr. Brown “had marijuana in his system.” This may partially explain why Brown did not feel the pain of bullets in his body.
A man almost six-and-a-half-feet tall and nearly 300 pounds could take a lot of firepower to stop. This would explain the multiple shots fired at Brown. With drugs in his system acting as a painkiller, Brown still had plenty of Adrenalin and strength to charge at Officer Wilson again.
At this point, it appears Officer Wilson made the determination that Mr. Brown had every intent to re-engage an attack as he did in the officer’s police car.
Some people claimed that Mr. Brown threw his hands up, suggesting he was giving up or surrendering to the officer. Robert McCulloch, the Prosecutor against the officer said the following:
#FergusonDecision Prosecutor: The raising of Mr. Brown’s hands & movement was not consistent with many witnesses reporting.
— NetAdvisor™ (@NetAdvisor) November 25, 2014
Citing the Ferguson decision.
Officer Wilson, already attacked once by Mr. Brown was now facing a do or die situation. Either shoot to kill at this point the subject charging at you (like a bull), or suffer whatever physical carnage Brown had intended.
Officer Wilson fired several more shots including a final shot to Mr. Brown’s head which would immediately incapacitate the subject according to Prosecutor McCulloch during the Nov. 24, 2014 press conference.
The Prosecutor against Officer Wilson said (paraphrased), that physical evidence is how cases are built and the evidence did not support a murder charge for mis-use of deadly force.
Enter Politics
President Obama had weighed in the Michael Brown case much like Obama did during the Trayvon Martin case on at least two occasions (one, two).
In both cases, the President Obama sided with the wrong side of the law.
During his November 24, 2014 post Grand Jury speech, President Obama called for ‘peace,’ in Ferguson, then quickly inflamed the situation by stating that he has witnessed ‘racism in his life’.
Barack Obama went to several Ivy League colleges including Harvard Law School, became a U.S. Senator; became a multi-millionaire while in office (mostly from book sales), and out of the blue, suddenly got elected as the first Afro-American President of the United States – TWICE!
Outgoing U.S. Attorney General Eric Holder also called for peace in Ferguson, and on the same day encouraged police, not the protestors to restrain themselves?
Many others have tried to politicize the Michael Brown tragedy. For example, Pamela McDonald of the Alameda County Democratic Central Committee tried to make Mr. Brown’s death political and based on racism even before the case evidence was determined. As it turns out, there was no evidence of racism in this case, and the shooting was justified.
OFFICIAL Full Documents from Public Primary Sources:
- 2014-08-15 Ferguson Police Report (19 pps) (link only – download local PDF)
- 2014-09-16 Grand Jury Case Files “Vol 5” (286 pps) (link only – download local PDF)
- 2014-09-16 Darren Wilson Testimony (92 pps) (link only – download local PDF)
TV images of Ferguson, Missouri and Los Angeles, California © 2014 Fox News and Fox News Los Angeles.
Video may be copyright by their respective owner, and was found in the public domain. Please advise for uncredited items.
original article content copyright © 2014 NetAdvisor.org®
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