Posted on 07/28/2017 6:45:23 AM PDT by rktman
The ‘VIEW’? What sane person watches that garbage?
Twenty-Five Top Quotes from the DOJ’s Report on the Michael Brown Shooting
(If link above does not work, Google “DOJ Report on Shooting of Michael Brown PDF” for official DOJ report.)
[01] The evidence, when viewed as a whole, does not support the conclusion that Wilson’s uses of deadly force were “objectively unreasonable” under the Supreme Court’s definition. (Page 5)
[02] when the store clerk tried to stop Brown, Brown used his physical size to stand over him and forcefully shove him away. (Page 6)
[03] Wilson was aware of the theft and had a description of the suspects as he encountered Brown and Witness 101. (Page 6)
[04] Autopsy results and bullet trajectory, skin from Brown’s palm on the outside of the SUV door as well as Brown’s DNA on the inside of the driver’s door corroborate Wilson’s account that during the struggle, Brown used his right hand to grab and attempt to control Wilson’s gun. (Page 6)
[05] there is no credible evidence to disprove Wilson’s account of what occurred inside the SUV. (Page 7)
[06] autopsy results confirm that Wilson did not shoot Brown in the back as he was running away because there were no entrance wounds to Brown’s back. (Page 7)
[07] witnesses who originally stated Brown had his hands up in surrender recanted their original accounts (Page 8)
[08] several witnesses stated that Brown appeared to pose a physical threat to Wilson as he moved toward Wilson. (Page 8)
[09] The physical evidence also establishes that Brown moved forward toward Wilson after he turned around to face him. The physical evidence is corroborated by multiple eyewitnesses. (Page 10)
[10] evidence does not establish that it was unreasonable for Wilson to perceive Brown as a threat while Brown was punching and grabbing him in the SUV and attempting to take his gun. (Page 11)
[11] Wilson’s account is corroborated by physical evidence and that his perception of a threat posed by Brown is corroborated by other eyewitnesses (Page 12)
[12] Wilson’s account was consistent with those results, and consistent with the accounts of other independent eyewitnesses, whose accounts were also consistent with the physical evidence. Wilson’s statements were consistent with each other in all material ways, and would not be subject to effective impeachment for inconsistencies or deviation from the physical evidence.8 Therefore, in analyzing all of the evidence, federal prosecutors found Wilson’s account to be credible. (Page 16)
[13] Witness accounts suggesting that Brown was standing still with his hands raised in an unambiguous signal of surrender when Wilson shot Brown are inconsistent with the physical evidence, are otherwise not credible because of internal inconsistencies, or are not credible because of inconsistencies with other credible evidence. (Page 78)
[14] Multiple credible witnesses corroborate virtually every material aspect of Wilson’s account and are consistent with the physical evidence. (Page 78)
[15] several of these witnesses stated that they would have felt threatened by Brown and would have responded in the same way Wilson did. (Page 82)
[16] there are no witnesses who could testify credibly that Wilson shot Brown while Brown was clearly attempting to surrender. (Page 83)
[17] There is no witness who has stated that Brown had his hands up in surrender whose statement is otherwise consistent with the physical evidence. (Page 83)
[18] The media has widely reported that there is witness testimony that Brown said “don’t shoot” as he held his hands above his head. In fact, our investigation did not reveal any eyewitness who stated that Brown said “don’t shoot.” (Page 83)
[19] Wilson did not know that Brown was not armed at the time he shot him, and had reason to suspect that he might be when Brown reached into the waistband of his pants as he advanced toward Wilson. (Page 84)
[20] Wilson did not have time to determine whether Brown had a gun and was not required to risk being shot himself in order to make a more definitive assessment.
[21] In addition, even assuming that Wilson definitively knew that Brown was not armed, Wilson was aware that Brown had already assaulted him once and attempted to gain control of his gun. (Page 85)
[22] Wilson has a strong argument that he was justified in firing his weapon at Brown as he continued to advance toward him and refuse commands to stop, and the law does not require Wilson to wait until Brown was close enough to physically assault Wilson. (Page 85)
[23] we must avoid substituting our personal notions of proper police procedure for the instantaneous decision of the officer at the scene. We must never allow the theoretical, sanitized world of our imagination to replace the dangerous and complex world that policemen face every day.” (Page 85)
[24] “It may appear, in the calm aftermath, that an officer could have taken a different course, but we do not hold the police to such a demanding standard.” (citing Gardner v. Buerger, 82 F.3d 248, 251 (8th Cir. 1996) (same))). Rather, where, as here, an officer points his gun at a suspect to halt his advance, that suspect should be on notice that “escalation of the situation would result in the use of the firearm.” Estate of Morgan at 498. An officer is permitted to continue firing until the threat is neutralized. See Plumhoff v. Rickard, 134 S.Ct. 2012, 2022 (2014) (“Officers need not stop shooting until the threat has ended”). For all of the reasons stated, Wilson’s conduct in shooting Brown as he advanced on Wilson, and until he fell to the ground, was not objectively unreasonable and thus not a violation of 18 U.S.C. § 242. (Page 85)
[25] Given that Wilson’s account is corroborated by physical evidence and that his perception of a threat posed by Brown is corroborated by other eyewitnesses, to include aspects of the testimony of Witness 101, there is no credible evidence that Wilson willfully shot Brown as he was attempting to surrender or was otherwise not posing a threat. (Page 86)
For the reasons set forth above, this matter lacks prosecutive merit and should be closed.
Bullshit, bullshit, bullshit. Black witnesses are biased against cops. Everyone forgets that the "gentile giant" Brown had just accosted a small convenience store owner (video proved). Brown and Trayvon Martin were two of kind and deserved to be deaded.
When CNN kept posting pics of Marin's child years and not his recent social media hooded gang signs is when I stopped watching that biased channel.
Neither were a loss to mankind, but the Mayor with her statement, "They need to express their anger and do what they will" or words to that effect should have gotten her fired immediately. That stupid woman and other racist politicians was the reason Ferguson and Baltimore went up in flames.
Somebody please explain to me why blacks are so quick to riot. Yeah, yeah, police brutality...how does that explain Katrina??
When there is any kind of confrontation involving blacks, all you can see is cell phones in the air recording the incident. What I continue to ask is where are the cell phone videos from Ferguson?
Will they be hosting Muslim cop and women killer Mohamed Noor of the MPD any time soon I wonder?
No doubt they’ll plan some sort of celebratory gala. “Pajamas on Don’t Shoot!” ‘#PODS’
Thanks for posting that.
It means not much if there’s a gun in one of the hands.
Yes. That was the DOJ conclusion as well.
Do they know what:
‘Don’t be stupid, don’t commit suicide by cop’ means?
Department of Justice Report Regarding the Criminal Investigation into the Shooting Death of Michael Brown by Ferguson, Missouri Police Officer Darren Wilson
March 4, 2015
...The two most prominent witnesses who have stated that Brown was shot with his hands up in surrender are Witness 101 and Witness 127, both of whom claim that Brown turned around with his hands raised in surrender, that he never reached for his waistband, that he never moved forward toward Wilson after turning to face him with his hands up, and that he fell to the ground with his hands raised. These and other aspects of their statements are contradicted by the physical evidence. Crime scene photographs establish that Brown fell to the ground with his left hand at his waistband and his right hand at his side. Brown’s blood in the roadway demonstrates that Brown came forward at least 21.6 feet from the time he turned around toward Wilson. Other aspects of the accounts of Witness 101 and Witness 127 would render them not credible in a prosecution of Wilson, namely their accounts of what happened at the SUV. Both claim that Wilson fired the first shot out the SUV window, Witness 101 claims that the shot hit Brown at close range in the torso, and both claim that Brown did not reach inside the vehicle. These claims are irreconcilable with the bullet in the SUV door, the close-range wound to Brown’s hand,Brown’s DNA inside Wilson’s car and on his gun, and the injuries to Wilson’s face.
Other witnesses who have suggested that Brown was shot with his hands up in surrender have either recanted their statements, such as Witnesses 119 and 125, provided inconsistent statements, such as Witness 124, or have provided accounts that are verifiably untrue, such as Witnesses 121, 139, and 132. Witness 122 recanted significant portions of his statement by acknowledging that he was not in a position to see what either Brown or Wilson were doing, and who falsely insisted that three police officers pursued Brown and that the shooter was heavy set (in contrast to the slimly-built Wilson). Similar to Witness 128, Witness 122 told Brown’s family that Brown had been shot execution-style. Witness 120 initially told law enforcement that he saw Brown shot at point-blank range as he was on his knees with his hands up. Similar to Witness 138, Witness 120 subsequently acknowledged that he did not see Brown get shot but “assumed” he had been executed while on his knees with his hands up based on “common sense” and what others “in the community told [him.]” There is no witness who has stated that Brown had his hands up in surrender whose statement is otherwise consistent with the physical evidence. For example, some witnesses say that Wilson only fired his weapon out of the SUV, (e.g. Witnesses 128, 101, and 127) or that Wilson stood next to the SUV and killed Brown right there (e.g. Witnesses 139, 132, 120). Some witnesses insist that Wilson shot Brown in the back as he lay on the ground. (e.g. Witnesses 128 and 139). Some witnesses say that Wilson shot Brown and he went to the ground immediately upon turning to face Wilson. (e.g. Witnesses 138, 101, 118, and 127). Some say Wilson went to the ground with his hands raised at right angles. (e.g. Witnesses 138, 118, and 121). Again, all of these statements are contradicted by the physical and forensic evidence, which also undermines the credibility of their accounts of other aspects of the incident, including their assertion that Brown had his hands up in a surrender position when Wilson shot him....
...When the shootings are viewed, as they must be, in light of all the surrounding circumstances and what Wilson knew at the time, as established by the credible physical evidence and eyewitness testimony, it was not unreasonable for Wilson to fire on Brown until he stopped moving forward and was clearly subdued. Although, with hindsight, we know that Brown was not armed with a gun or other weapon, this fact does not render Wilson’s use of deadly force objectively unreasonable. Again, the key question is whether Brown could reasonably have been perceived to pose a deadly threat to Wilson at the time he shot him regardless of whether Brown was armed. Sufficient credible evidence supports Wilson’s claim that he reasonably perceived Brown to be posing a deadly threat....
...While Brown did not use a gun on Wilson at the SUV, his aggressive actions would have given Wilson reason to at least question whether he might be armed, as would his subsequent forward advance and reach toward his waistband. This is especially so in light of the rapidly-evolving nature of the incident. Wilson did not have time to determine whether Brown had a gun and was not required to risk being shot himself in order to make a more definitive assessment.
Moreover, Wilson could present evidence that a jury likely would credit that he reasonably perceived a deadly threat from Brown even if Brown’s hands were empty and he had never reached into his waistband because of Brown’s actions in refusing to halt his forward movement toward Wilson....
...In addition, even assuming that Wilson definitively knew that Brown was not armed, Wilson was aware that Brown had already assaulted him once and attempted to gain control of his gun. Wilson could thus present evidence that he reasonably feared that, if left unimpeded, Brown would again assault Wilson, again attempt to overpower him, and again attempt to take his gun. Under the law, Wilson has a strong argument that he was justified in firing his weapon at Brown as he continued to advance toward him and refuse commands to stop, and the law does not require Wilson to wait until Brown was close enough to physically assault Wilson....
...For all of the reasons stated, Wilson’s conduct in shooting Brown as he advanced on Wilson, and until he fell to the ground, was not objectively unreasonable and thus not a violation of 18 U.S.C. § 242.
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