Witnesses: Darren Wilson Annotated

darren-wilson1The following abridged testimony of Darren Wilson took place on 09/16/2014.  As before, the pages are in reference to the 4799 page PDF that the New York Times compiled.  Of particular interest are the pages 865-951.

There was no indication of forgiveness for minor crimes like with Dorian Johnson. Seeing as this is his case there shouldn’t be any forgiveness, but there shouldn’t have been with Dorian either.  During the introduction Darren Wilson advises that he is a little short of 6 foot 3 inches tall and weighs around 210 lbs.

Prior to the incident on Canfield, Wilson was on a sick case involving a baby with a fever and her mother at Northwind Estates apartments down the road from Canfield Green. The mother and her baby were transported to the hospital.


 

Page 871

Q: Okay. Did you get any other calls between the time of the sick baby call and your interaction with Michael Brown and Dorian Johnson?

A: While on the sick case call, a call came out for a stealing in progress from the local market on West Florissant, that the suspects traveling towards QT. I didn’t hear the entire call, I was on my portable radio, which isn’t exactly the best. I did hear that a suspect was wearing a black shirt and that a box of Cigarillos was stolen.

Q: Okay. And was this your call or you just heard the call?

A: It was not my call, I heard the call.

Q: Some other officers were dispatched to that call?
A: I believe two others were.


WS: This is consistent with the radio traffic.


Page 873

Q: Okay. Tell us what else is on your duty belt?

A: I have my, I’ll go in order. Magazine pouches sit right here, my weapon is on my right hip, I have an asp that sits kind of behind me and kind of to the right and then a set of handcuffs, another set of handcuffs, my OC spray or mace is on this side and then my radio and that’s it.


874

Q: Did you carry a taser?

A: No.

Q: Why not?

A: I normally don’t carry a taser. We only have a select amount. Usually there is one available, but I usually elect not to carry one. They are very large, I don’t have a lot of room in the front for it to be positioned.


WS: Most right handed officers carry the taser on their left hip. If you are a skinnier officer you don’t have as much room to put the weapon horizontal, leaving a diagonal or upright setup for the holster. I carried one upright for a while and it was a pain. It would always rub against my thigh while I was sitting down which as an officer in a patrol car is all the time.


Page 875

Q: All right. You are coming west, is it on Canfield Drive?

A: Yes, I started out on Glenark and then I turn onto Bahama and then onto Glen Own, and then I turned on Windward, which actually turns into Canfield Green and that’s where I was going west on that.

Q: West on Canfield Drive?

A: Yes, ma’am.


A: As I was going west on Canfield, I observed two men in the middle of the street, they are walking along the double yellow line single file order.

Q: Okay. And you say something to them, did they say something to you first?

A: No, you want my to just go with the whole thing?

Q: Sure, go ahead, let’s start there.

A: I see them walking down the middle of the street. And the first thing that struck me was they’re walking in the middle of the street. I had already seen a couple cars trying to pass, but they couldn’t have traffic normal because they were in the middle, so one had to stop to let the car go around and then another car would come. And the next thing I noticed was the size of the individuals because either the first one was really small or the second one was really big. And just for the conversation, I didn’t know this then, but the first one’s name was Dorian Johnson, the second one was Michael Brown. That was discovered, I think, the following day is when I learned the names. I had never seen them before.

And then the next thing I notice was that Brown had bright yellow socks on that had green marijuana leaves as a pattern on them. They were the taller socks that go halfway up your shin. As I approached them, I stopped a couple feet in front of Johnson as they are walking towards me, I am going towards them. And I allowed him to keep walking towards my window, which was down. As Johnson came around my driver’s side mirror, I said, “Why don’t you guys walk on the sidewalk.” He kept walking, as he is walking he said, “we are almost to our destination.”

Q: Do you think he used those words destination, we are almost to our destination?

A: Yes, ma’am. He said we are almost to our destination and he pointed this direction over my vehicle. So like in a northeasternly (sic) direction. And as he did that, he kept walking and Brown was starting to come around the mirror and as he came around the mirror I said, “well, what’s wrong with the sidewalk?” Brown then replied, um, it has vulgar language.

Q: You can say it, say it.

A: Brown then replied, “fuck what you have to say.” And when he said that, it drew my attention totally to Brown. It was very unusual and not expected response from a simple request. When I start looking at Brown, first thing I notice is in his right hand, his hand is full of Cigarillos. And that’s when it clicked for me because I now saw the cigarillos, I looked in my mirror, I did a doublecheck that Johnson was wearing a black shirt, these are the two from the stealing.


WS: A couple of issues. I don’t believe for a second that Wilson didn’t cuss back at them just like I don’t believe that Dorian and Mike remained respectful. Wilson also forgot to say that he drove down the road after the short conversation.


Page 878

A: And they kept walking, as I said, they never once stopped, never got on the sidewalk, they stayed in the middle of the road. So I got on my radio and Frank 21 is my call sign that day, I said Frank 21 I’m on Canfield with two, send me another car. 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 fuck 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. I then looked at him and told him to get back and he was just staring at me, almost like to intimidate me or to overpower me. The intense face he had was just not what I expected from any of this. I then opened my door again and used my door to push him backwards, and while I’m doing that I tell him to, “get the fuck back” and then I use my door to push him.

Q: You tell him to, “get the fuck back”?

A: Yes.

Q: Okay.

A: He then grabs my door again and shuts my door. At that time is when I saw him coming into my vehicle. His head was higher than the top of my car. And I see him ducking and as he is ducking, his hands are up and he is coming in my vehicle. I had shielded myself in this type of manner and kind of looked away, so I don’t remember seeing him come at me, but I was hit right here in the side of the face with a fist. I don’t think it was a full-on swing, I think it was a full-swing, but not a full shot. I think my arm deflected some of it, but there was still a significant amount of contact that was made to my face.


 

WS: I believe he means that the blow did not land flush but I’m not sure. He’s not clear but probably because it seems that he’s demonstrating something with body language that we’re not getting in the transcript.


Page 879

Q: Now, he was hitting you with that hand?

A: I believe it was his right, just judging by how we were situated.

Q: Right.

A: But like I said, I had turned away, had my eyes, I was shielding myself.

Q: Where did you see the Cigarillos at?

A: They were in his right hand.

Q: Okay. Were there any broken Cigarillos or anything in your car later?

A: No, I don’t remember seeing anything on the ground or anything.

Q: Okay.

A: After he hit me then, it stopped for a second. He kind of like, I remember getting hit and he kind of like grabbed and pulled and then it stopped. When I looked up, if this is my car door, I’m sitting here facing that way, he’s here. He turns like this and now the Cigarillos I see in his left hand. He’s going like this and he says, “hey man, hold these.”


WS: The pause and Mike Brown handing off the cigarillos is consistent with Dorian’s account as well.


Page 881

A: And he said, “hey man, hold these.” And at that point, I tried to hold this right arm because it was like this at my car. This is my car window. I tried to hold his right arm and use my left hand to get out to have some type of control and not be trapped in my car anymore. And when I grabbed him, the only way I can describe it is I felt like a five year-old holding onto Hulk Hogan.

Q: Holding onto a what?

A: Hulk Hogan, that’s just how big he felt and how small I felt just from grasping his arm. And as I’m trying to open the door is when, and I can’t really get it open because he is standing only maybe 6 inches from my door, but as I was trying to pull the handle, I see his hand coming back around like this and he hit me with this part of his right here, just a full swing all the way back around and hit me right here. (indicating)

After he did that, next thing I remember is how do I get this guy away from me. What do I do not to get beaten inside my car. I remember having my hands up and I thought to myself, you know, what do I do. I considered using my mace, however, I wasn’t willing to sacrifice my left hand, which is blocking my face to go for it. I couldn’t reach around on my right to get it and if I would have gotten it out, the chances of it being effective were slim to none. His hands were in front of his face, it would blocked the mace from hitting him in the face and if any of that got on me, I know what it does to me and I would have been out of the game. I wear contacts, if that touches any part of my eyes, then I can’t see at all.

Like I said, I don’t carry a taser, I considered my asp, but to get that out since I kind of sit on it, I usually have to lean forward and pull myself forward to the steering wheel to get it out. Again I wasn’t willing to let go of the one defense I had against being hit. The whole time, I can’t tell you if he was swinging at me or grabbing me or pushing me or what, but there was just stuff going on and I was looking down figuring out what to do. Also, when I was grabbing my asp, I knew if I did even get it out, I’m not going to be able to expand it inside the car or am I going to be able to make a swing that will be effective in any manner.

Next, I considered my flashlight. I kept that on the passenger side of the car. I wasn’t going to, again, reach over like this to grab it and then even if I did grab it, would it even be effective. We are so close and confined. So the only option I thought I had was my gun. I drew my gun, I turned. It is kind of hard to describe it, I turn and I go like this. He is standing here. I said, “get back or I’m going to shoot you.” He immediately grabs my gun and says, “you are too much of a pussy to shoot me.”


Page 884

A: My gun was basically pointed this way. I’m in my car, he’s here, it is pointed this way, but he grabs it with his right hand, not his left, he grabs with his right one and he twists it and then he digs it down into my hip. (indicating)


Page 885

Q: And it was your opinion that you needed to pull out your weapon because why did you feel that way, I don’t want to put words in your mouth?

A: I felt that another one of those punches in my face could knock me out or worse. I mean it was, he’s obviously bigger than I was and stronger and the, I’ve already taken two to the face and I didn’t think I would, the third one could be fatal if he hit me right.

Q: You thought he could hit you and it would be a fatal injury?

A: Or at least unconscious and then who knows what would happen to me after that.


WS: It’s important to note the distinction here.  Being knocked out as an officer with a belt full of weapons is tantamount to a death sentence.  It is not uncommon for officers killed in the line of duty to have their weapons stolen afterward as evidenced by the FBI’s LEOKA data.  I can’t speak to the sequence of events, for example, did they lose the weapon first, get killed, and then the weapon left with the suspect?  OR did they get knocked out or incapacitated, weapon stolen, and then used to finish them?  I can’t answer that.  However, this possibility is something Wilson has to be considering in the moment.  Even if it is rare, it only takes one bad incident to get killed.  Incidentally, it’s also pretty rare that someone attacks you during an arrest attempt.


Page 887

Q: And why did you go to the hospital?

A: For my face being swollen.

Q: Was there any other injuries that you had other than your face?

A: They had discovered there that I had scratches on the back of my neck.

Q: Okay. Anything else, tell us about your injuries?

A: I had a swollen right cheek, my left they said was swollen, I had scratches around my hairline in the back and I think on the side of my neck, but that’s all that I remember.

Q: Any injuries to your hand?

A: No.


Page 892

A: He grabs my gun, says, “you are too much of a pussy to shoot me.” The gun goes down into my hip and at that point I thought I was getting shot. I can feel his fingers try to get inside the trigger guard with my finger and I distinctly remember envisioning a bullet going into my leg. I thought that was the next step.

Q: I’m going to stand back so you can talk a little louder.

A: As I’m looking at it, I’m not paying attention to him, all I can focus on is just this gun in my leg. I was able to kind of shift slightly like this and then push it down, because he is pushing down like to keep it pinned on my leg. So when I slid, I let him use his momentum to push it down and it was kind of pointed to where the seat buckle would attach on the floorboard on the side of my car. Next thing I remember putting my left hand on it like this, putting my elbow into the back of my seat and just pushing with all I could forward.

Q: Were you saying anything?

A: I don’t know.

Q: You don’t know if he was saying either?

A: I heard stuff, but I couldn’t tell you what it was.

Q: Okay.

A: Like I said, I was just so focused on getting the gun out of me. When I did get it up to this point, he is still holding onto it and I pulled the trigger and nothing happens, it just clicked. I pull it again, it just clicked again. At this point, I’m like why isn’t this working, this guy is going to kill me if he gets a hold of this gun. I pulled it a third time, it goes off. When it went off, it shot through my door panel and my window was down and glass flew out of the door panel. I think that kind of startled him and me at the same time.

When I see the glass come up, it comes, a chunk about that big across my right hand and then I notice I have blood on the back of my hand. After seeing the blood on my hand, I looked at him and he was, this is my car door, he was here and he kind of stepped back and went like this. And then after he did that, he looked up at me and had the most intense aggressive face. The only way I can describe it, it looks like a demon, that’s how angry he looked. He comes back towards me again with his hands up. At that point, I just went like this, I tried to pull the trigger again, click nothing happened.


 

WS: While what’s he’s saying as far as the gunshot into the door is consistent with the evidence so far. I’m wondering about the gun malfunctions. When you clear a jam, it usually kicks out the spent or unspent round. However, it’s also possible that re-racking the gun reseated the bullet in the barrel. 12 shell casings of 13 were recovered so something else has to be going on in his gun that prevents him from firing in the first place if true. It’s also possible that the gun wouldn’t fire because Mike Brown had his hand on the slide and the slide was pushed back at the time he first pulled the trigger. We can rule out the possibility that Wilson forgot to load a bullet in the slide due to the 12 in the magazine, one in the barrel set up of his firearm and the fact that 12 spent casings were recovered and one intact bullet.


 

Page 894

Q: When you say he came back up to you with his hands up, describe to us what he is doing?

A: Last thing I saw was this coming at me.

Q: Was it a fist?

A: I just saw his hands up, I don’t know if they were closed yet, on the way to going closed, I saw this and that face coming at me again, and I just went like this and I shielded my face.

Q: And you did what?

A: Went like this and shielded my face.

Q: Did he hit you at that time?

A: Yes.

Q: Okay. Go ahead.

A: So I pulled the trigger, it just clicks that time. Without even looking, I just grab the top of my gun, the slide and I racked it, and I put my, still not looking just holding my hand up, I pulled the trigger again, it goes off. When I look back after that–

Q: So how many times does it go off in the car?

A: It went off twice in the car. Pull, click, click, went off, click, went off. So twice in the car.

Q: Are you certain?

A: Yes.

Q: Okay.

A: When I look up after that, I see start to run and I see a cloud of dust behind him. I then get out of my car. As I’m getting out of the car I tell dispatch, “shots fired, send me more cars.”


WS: There’s been a lot of discussion about the fact that this radio traffic didn’t go through. Wilson later contends that it failed because in the struggle his radio had been knocked to a different channel. This is possible. It’s also possible that the radio was simply not functioning effectively. Far too often radios in this region encounter rolling dead zones and problems because the county has failed to shift over to digital radios as was mandated by the state around 2011. Extension after extension has resulted in us not being any closer to a solution. Furthermore, what does it say about Canfield that there’s gunfire breaking out in the middle of a neighborhood in the middle of the afternoon and as far as I’ve heard no one from the community called 911 to report it?


Page 895

A: We start running, kind of the same direction that Johnson had pointed. Across the street like a diagonal towards this, kind of like where the parking lot came in for Copper Creek Court and Canfield, right at that intersection. And there is a light pole right there, I remember him running towards the light pole. We pass two cars that were behind my police car while we were running. I think the second one was a Pontiac Grand Am, a green one. I don’t know if it was a two door or four door, I just remember seeing a Pontiac green Grand Am.

When I passed the second one, about that same time he stopped running and he is at that light pole. So when he stopped, I stopped. And then he starts to turn around, I tell him to get on the ground, get on the ground. He turns, and when he looked at me, he made like a grunting, like aggravated sound and he starts, he turns and he’s coming back towards me. His first step is coming towards me, he kind of does like a stutter step to start running. When he does that, his left hand goes in a fist and goes to his side, his right one goes under his shirt in his waistband and he starts running at me.

Q: You say under his shirt?

A: Yes.

Q: Was he wearing a shirt that was longer than his waistband?

A: Yes, ma’am.

Q: So he goes up under the shirt?

A: Yes.


WS: Interestingly the arm under the shirt is somewhat consistent with Dorian’s statement about one of Mike’s arms being somewhat down. It’s possible that he was reaching under his shirt to put his hand on his side while running due to his obesity or trying to put pressure on a possible gunshot that punctured his lung.  Both possibilities would explain why he was reaching under his shirt, since it clearly wasn’t to retrieve a weapon.  Since the one hand up, one hand down story started with Dorian, it’s interesting that Darren’s story is actually similar.  If nothing else, both testimonies seem to shed further doubt on the both hands up, palm out theory that Dorian first started with his local news interview moments after the shooting.


 

Page 896

Q: Okay. Go ahead.

A: That was all done, like I said the first step, his first stride coming back towards me. As he is coming towards me, I tell, keep telling him to get on the ground, he doesn’t. I shoot a series of shots. I don’t know how many I shot, I just know I shot it. I know I missed a couple, I don’t know how many, but I know I hit him at least once because I saw his body kind of jerk or flinched. I remember having tunnel vision on his right hand, that’s all, I’m just focusing on that hand when I was shooting.

Well, after the last shot my tunnel vision kind of opened up. I remember seeing the smoke from the gun and I kind of looked at him and he’s still coming at me, he hadn’t slowed down. At this point I start backpedaling and again, I tell him get on the ground, get on the ground, he doesn’t. I shoot another round of shots. Again, I don’t recall how many it was or if I hit him every time. I know at least once because he flinched again.

At this point, it looked like he was almost bulking up to run through the shots, like it was making him mad that I’m shooting at him. And the face that he had was looking straight through me, like I wasn’t even there, I wasn’t even anything in his way. Well, he keeps coming at me after that again, during the pause I tell him to get on the ground, get on the ground, he still keeps coming at me, gets about 8 to 10 feet away. At this point I’m backing up pretty rapidly, I’m backpedaling pretty good because I know if he reaches me, he’ll kill me. And he had started to lean forward as he got that close, like he was going to just tackle me, just go right through me.

Q: Can you demonstrate for us how he was leaning forward?

A: His hand was in a fist at his side, this one is in his waistband under his shirt, and he was like this. Just coming straight at me like he was going to run right through me. And when he gets about that 8 to 10 feet away, I look down, I remember looking at my sites and firing, all I see is his head and that’s what I shot. I don’t know how many, I know at least once because I saw the last one go into him. And then when it went into him, the demeanor on his face went blank, the aggression was gone, it was gone, I mean, I knew he stopped, the threat was stopped.

When he fell, he fell on his face. And I remember his feet coming up, like he had so much momentum carrying him forward that when he fell, his feet kind of came up a little bit and then they rested. At that point, I got back on the radio and said, “send me a supervisor and every car you got.”


Page 899

Q: After the second shot. Are you still in the car?

A: When he starts to run?

Q: Yes.

A: Yes, ma’am.

Q: Okay. Do you, at that time, do you say shots fired?

A: As I’m exiting the car to chase him, yes.

Q: Did you know that radio dispatch did not go out?

A: No, I didn’t find out until later while I was actually driving back to the station that my portable radio was on channel 3 and our main channel was channel 1.


 

WS: This is plausible. I’ve bumped both the in car radio and my portable on various things and changed the channel before without even realizing it. I’ve also lost the mic chasing people on foot which is really annoying as you’re chasing someone and it’s dangling between and getting wrapped up in your legs. This is one of the reasons why body cameras aren’t exactly the panacea many politicians seem to think they are. When a struggle ensues, like the type of event you would want a body camera specifically to record, the chances that the device will face the wrong direction, get knocked, accidentally turned off, or broke increase exponentially. Police work isn’t conducted from the confines of a shark cage or a bunker.

Furthermore, the time frame from the radio traffic released by the Post Dispatch seems to dispute any related claim that he didn’t immediately call for backup due to some malicious purpose. Regardless of what happened, this was all over so quickly there really wasn’t the opportunity to fraudulently stage a crime scene in his own favor. Plus, the entire community was starting to come out at this point rendering that impossible within moments of Mike Brown’s death.


Q: So nobody heard you say shots fired to your knowledge?

A: To my knowledge.

Q: Okay.

A: They did ask me why my radio for the car was laying on the floorboard, asked me if I used that. I don’t remember using that radio. I, for some reason, remember using this one. It could have been sitting in my lap, there is also that chance that I used that one. I don’t know which one that I used.

Q: I’m sorry, why you say your radio, you mean the mike–

A: The mike, yes, ma’am.

Q: –for the radio? The radio is attached to the dash, correct?

A: Yes, it is in the center console. So the mike was probably in my lap at some point.

Q: The mike, okay.

Q2: All right. So you’re in the car, you fire two shots and he’s running and you get out of the car to chase after him and tell use your rationale, what are you thinking now?

A: When I’m chasing him?

Q: Yes. You get out of the car and run after him.

A: My main goal was to keep eyes on him and just to keep him contained until I had people coming there. I knew I had already called for backup and I knew they were already in the area for the stealing that was originally reported. So I thought if I can buy 30 seconds of time, that was my original goal when I tried to get him to come to the car. If I could buy 30 seconds of time, someone else will be here, we can make the arrest, nothing happens, we are all good. And it didn’t happen that way. So when he ran, you know, just stay with him, someone is going to be here, you know, we’ll get him.

Q: And when you, when the second shot was fired inside the car, did you think he was hit at all?
A: No, I thought I missed.

Q: Both shots. You didn’t see any blood on him?

A: The first shot, judging by his reaction he went back, I thought it went through the door and hit him in the leg, in the hip, is what I thought.

Q: The second one I saw the cloud of dust and him running, I knew I missed.

Q: Okay. So you got out of the car, you are running, you are telling him to stop; is that right?

A: Correct.

Q: And he’s not listening?

A: No, not until he gets to that light pole and that’s when he stopped.

Q: To what now?

A: He gets to that light pole at that intersection.

Q: Are you firing at him while he’s running?

A: No, ma’am.


 

WS: I’ve seen a few people claiming that Wilson testified that he shot at Mike while he was running away. We have yet to see that unless Wilson changes his story from here.


 

Q: Is Dorian Johnson anywhere around?

A: I never saw him after the very beginning. Once he walked past my car, I never saw him again.


WS: Which is pretty much what I suspected as well.


 

Q: Any idea what happened to make him turn around or he just all of the sudden turns around?

A: No, just turns around. His whole reaction to the whole thing was something I’ve never seen. I’ve never seen that much aggression so quickly from a simple request to just walk on the sidewalk.

Q: Okay. Because you never did talk to him about the Cigarillos or the stealing at the Ferguson Market?

A: No, I never had the chance to.


WS: This is a misstep from Wilson. If Wilson made contact with Brown in reference to the robbery, he should have known that his aggression was due to trying to avoid prosecution for that offense, not for walking in the middle of the road.  Also his contention that Brown’s aggression was something he had never seen before is a bit hyperbolic in line with his “demon” comments.  Of course, we know that Wilson was aware of the robbery because of the radio traffic released in the Post Dispatch.


Page 907

Q: Did you guys have a volatile, well, how can I put this. Did you not really get along well with the folks that lived in that apartment, not you personally, I mean the police in general?

A: It is an antipolice area for sure.


WS: Understatement of the year.


 

Q: And when you say antipolice, tell me more?

A: There’s a lot of gangs that reside or associate with that area. There’s a lot of violence in that area. There’s a lot of gun activity, drug activity, it is just not a very well-liked community. The community doesn’t like the police.

Q: Were you pretty much on high alert being in that community by yourself, especially when Michael Brown said, “fuck what you say,” I think he said?

A: Yes.

Q: You were on pretty high alert at that point knowing the vicinity and the area that you’re in?

A: Yes, that’s not an area where you can take anything really lightly. Like I said, it is a hostile environment. There are good people over there, there really are, but I mean there is an influx of gang activity in that area.


WS: All of this is true regardless of the shooting, regardless of Mike Brown.  Now it’s obviously worse.


 

Page 910

Q: Okay. All right. So you drive back to Ferguson [PD] by yourself, you are at Ferguson [PD], what do you do?

A: I immediately go to the bathroom. On the way back I found that I had blood on the inside of my left hand and I already know I had it on the back of my right hand. And just from everything we have always been taught about blood, you don’t want it on you, you don’t touch it, you don’t come in contact with it. And my original thought was that it was the glass had cut my wrist and cut my hand, which is why this hand was bleeding. And so thinking that I was cut with someone else’s blood on me, I had to wash my hands.

So I go directly to the bathroom. I actually washed them, went to the bathroom and then I looked, like I still had it like in my cuticles and stuff, so I washed my hands again. After I washed my hands, I go to our roll call room.

Q: Let me ask you this, was there a lot of blood?

A: From like my finger tips to about here was blood.

Q: Like dripping blood?

A: No, just on the back of my hand, it wasn’t liked wraparound like I dipped my hand in blood, but there was like blood on the back of my hand.


Page 936

Q (Juror): Did you ever or do you recall grabbing Michael Brown by the throat?

A: Never touched his throat.

Q: Shoulder?

A: No. Only part of him I touched was his right forearm.

Q: When Michael Brown was running from you, after the shots were fired within the car and they both just disappeared and you had Michael in focus, did you ever at any time fire with his back facing you?

A: No, I did not.


Page 937

Q (juror): So kind of going on that as well. So the comment that you made to your supervisor Sergeant REDACTED when he got there at the scene was that he went for my gun, I had to shoot him. I think that kind of goes along with that. Because I think when I heard someone say he went for my gun, if I literally take that comment, I would assume that someone literally went to your holster and tried to pull it out. Either unholstering it or literally taking from you.

And in this instant that was not the case. You had already unholstered and you were aiming at him. He essentially in his, your point of view and the point of view of who we can no longer obtain that, he deflected or pushed it towards you, but he did not at any point try to pull it from your holster is, I guess, my question?

A: He didn’t pull it from my holster, but whenever it was visible to him, he then took complete control of it.

Q (APA): I can’t hear you, sorry.

A: Whenever, he didn’t pull it from my holster, but whenever it was displayed to him, he did take complete control. Because he had twisted it around so my hand was no longer this way, it was bent this way and it was dug into my hip. He had complete control of that weapon at that time.

Q (juror): Was you hand, I’m sorry, was your hand still on it and finger on the trigger?

A: Yes, ma’am, or yes, sir.

Q: I wouldn’t say he had complete control, I would say he had some control.

A: He was controlling where it went, how it went there and his finger was in the process of going on the trigger with mine.

Q: Okay.

A: I could feel his fingertips on my trigger finger trying to get in the trigger guard.

Q: Okay. When I just hear the word complete control, I think it is entirely in his possession and none of yours, that’s the way I feel is complete control.

A: Okay.


 

WS: I don’t have a problem with this line of questioning at all. However, this is evidence against the Mike Brown Supporters’ claim that the grand jury was a white wash. This is adversarial questioning coming from one of the jurors in complete contrast to the depiction many of have been attempting to make in the media.


Page 939

Q (Juror): When you got back to the police department, after you washed off and everything, did you ever think at what time that I need to write a report while it is fresh on my mind?

A: No. The protocol is whenever you are involved in a significant use of force, that you contact your FOP representative and then he will advise you of what to do step by step because they are the clear head in that situation. They have not been through a traumatic experience.


WS: I don’t know what Ferguson’s SOP is as far as this is concerned.  I know when I was in the academy I was advised if I was ever in an officer involved shooting not to write a report until I had been to sleep first and had a chance for adrenaline to wear off.  If I felt it necessary, it was also advisable to speak to an attorney or union rep (of which there aren’t many in at-will employment Missouri).  Given everything that transpired in just twenty-four hours from this incident, I can see why he did not write a formal report for a few reasons:

1.) The community was already calling him a murderer and the media was starting to eat it up as soon as the shooting happened.

2.) He has a fifth amendment right not to make any potentially incriminating statement and not to have that right used against him should he observe it.

3.) Since county was officially handling the investigation, their report should be the only one taken.  How good would it look to have Darren Wilson as the investigating officer on his own shooting?  


Page 951 ends testimony

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4 thoughts on “Witnesses: Darren Wilson Annotated

  1. “I believe he means that the blow did not land flush but I’m not sure.”

    In his original interview, he calls it a “glancing blow” because he somehow defended himself — dodged or partially deflected it with his arm, I guess.

    “I’m wondering about the gun malfunctions.”

    Original interview he says he thinks the gun didn’t fire the first few times because Brown’s fingers were “over in between from the hammer and the slide,” a sentence which has way too many prepositions for clarity. When it doesn’t fire again after the first shot, he racks it and it works, so while I think his statement that it didn’t fire the first few times because of Brown is likely a guess after the fact, it seems a reasonable one.

    “Also his contention that Brown’s aggression was something he had never seen before is a bit hyperbolic…”

    Agreed, but I think he really was shocked by Brown’s aggression at the time. In the first interview, he says he was “non-confrontational” about the jaywalking, and that he “downplayed the whole issue because i didn’t want a confrontation.” There’s a big difference between escalation when you half expected it, and unexpected escalation; even though the level of violence is the same, your reaction to it is different and a tad delayed, and the aftermath much more emotionally charged, in my experience.

    “I’ve seen a few people claiming that Wilson testified that he shot at Mike while he was running away.”

    I wonder if they’re misremembering. The Daily Kos and Little Green Footballs both ran articles with headlines saying Wilson’s version is that he shot as Brown ran away, pointing to a New York Times article that says, “As Officer Wilson got out of his car, the men were running away. The officer fired his weapon but did not hit anyone, according to law enforcement officials.”

    http://www.nytimes.com/2014/08/20/us/shooting-accounts-differ-as-holder-schedules-visit.html?ref=us&_r=1

    The closest I remember Wilson getting to that idea is when he says, in the statement, “Once we got out, I mean, I didn’t run very far or very long, um, and that’s when the shooting started.” I suppose if someone’s skimming, and especially if they’re looking for that sort of evidence, they could see that as Wilson saying he started shooting as soon as he got out of the car, but that isn’t what he’s saying here, and earlier he’d clearly said he started shooting only after Brown turned around.

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    • In reference to the malfunction, a friend of mine sent me this, “Just read your last post with Darren Wilson’s testimony. Regarding the weapon malfunctions- if the slide is ever so slight pushed back on the sig P226, it won’t fire. It will “click”, but the hammer won’t go all the way back and come back down. I know because as soon as I read this section, I went and grabbed my P226 out of the safe and started fooling around. Also, if the slide is being grabbed, hand clasping slide and frame while the weapon is discharged, it won’t cycle. The round can discharge if the weapon isn’t out of battery, but the slide won’t operate. Darren Wilson “clicking” on a spent case in the chamber and having to clear that case manually would be consistent with someone clasping the muzzle end of the firearm.”
      I responded, “So in the struggle Brown’s hand slides off enough for it to fire but not enough for the slide to eject the casing properly. Thus the jam that he has to clear.”

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  2. The only thing I find truly puzzling is why Officer Wilson backed his car up and put himself in such close proximity to Michael Brown. If Michael Brown has already set off Darren Wilson’s alert meter, to me it would have been more sensible to do a u-turn and then angle my car to put the passenger side and engine block between me and Brown. I know it’s Monday morning quarterbacking but it doesn’t seem like Wilson did the most sensible thing in terms of managing the threat. I think he made himself more vulnerable.

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    • I agree. It was a mistake that almost cost him his life. However, I understand why he’s been hesitant to call it as such because any time there’s been police mistakes since August (and there’s been plenty), you’ve had a thousand voices screaming that it is evidence of some other unrelated willful act, be it a cover up or evidence of misconduct.

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