Posted on 03/05/2015 3:26:55 PM PST by icwhatudo
Its not easy reducing 86 pages to the summary below. But if you are REALLY into following the facts...Below are the key findings of the DOJ on the MIke Brown shooting. Each quote references the page# it came from. A great tool if you battle on twitter/facebook or other social media-just cut and paste and destroy a liberals arguement. Enjoy:
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“the Department has concluded that Darren Wilson’s actions do not constitute prosecutable violations” p5
“evidence, when viewed as a whole, does not support the conclusion that Wilson’s uses of deadly force were “objectively unreasonable” p5
“when the store clerk tried to stop Brown, Brown used his physical size to stand over him and forcefully shove him away. “ p6
“Wilson was aware of the theft and had a description of the suspects as he encountered Brown and Witness 101” p6
"Wilson and other witnesses stated that Brown then reached into the SUV through the open driver’s window and punched and grabbed Wilson. This is corroborated by bruising on Wilson’s jaw and scratches on his neck, the presence of Brown’s DNA on Wilson’s collar, shirt, and pants, and Wilson’s DNA on Brown’s palm." p6
"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." p6
"there is no credible evidence to disprove Wilson’s account of what occurred inside the SUV" p7
"autopsy results confirm that Wilson did not shoot Brown in the back as he was running away" p7
"several witnesses stated that Brown appeared to pose a physical threat to Wilson as he moved toward Wilson."p7
"witnesses who originally stated Brown had his hands up in surrender recanted their original accounts" p8
"Brown was moving toward Wilson when Wilson shot him." P8
"some individuals in the crowd encroaching on the crime scene and chanting, “Kill the Police,” p8
"The Shootings Were Not Objectively Unreasonable Uses of Force" P10
"As detailed throughout this report, the evidence does not establish that the shots fired by Wilson were objectively unreasonable under federal law. The physic al evidence establishes that Wilson shot Brown once in the hand, at close range, while Wilson sat in his police SUV, struggling with Brown for control of Wilson’s gun." P10
"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." P10
"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."P11
"not unreasonable for Wilson to perceive that Brown posed a threat of serious physical harm, either to him or to others." P11
"There is no credible evidence to refute Wilson’s stated subjective belief that he was acting in self-defense." P12
"Wilson’s account is corroborated by physical evidence and his perception of a threat posed by Brown is corroborated by other credible eyewitness accounts." P12
"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. Therefore, in analyzing all of the evidence, federal prosecutors found Wilson’s account to be credible". P16
"Witness 117 (NURSE AT HOSPITAL)noted acute or fresh pink scratch marks on the back of Wilson’s neck as well as swelling to his jaw. Wilson sustained a contusion of the mandibular joint or jaw area, but did not break his jaw or any other bones. Accord ing to Witness 117, Wilson’s injuries were consistent with his description of what transpired." P25
"a father (the clerk who was assaulted) and his adult daughter, are of Indian origin."p26
"Brown’s actions on the surveillance video at that moment mimicked the way in which Wilson described Brown again handing the cigarillos to Witness 101 minutes later as Brown assaulted Wilson in the SUV." P26
"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." p78
"Multiple credible witnesses corroborate virtually every material aspect of Wilson’s account and are consistent with the physical evidence."p78
"Not only do eyewitnesses and physical evidence corroborate Wilson’s account, but there is no credible evidence to disprove Wilson’s perception that Brown posed p79 threat to Wilson as Brown advanced toward him. Accordingly, seeking his indictment is not permitted by Department of Justice policy or the governing law." P80
"if the suspect threatens the officer with a weapon or there is probable cause to believe that he has committed a crime involving the infliction or threatened infliction of serious physical harm, deadly force may be used if necessary to prevent escape, and if, where feasible, so me warning has been given. See Garner , 471 U.S. at 11-12" P80
"The evidence establishes that the shots fired by Wilson while he was seated in his SUV were in self-defense and t hus were not objectively unreasonable under the Fourth Amendment." P80
"the two primary witnesses who state that Wilson instigated the encounter by grabbing Brown and pulling him toward the SUV and that Brown’s hands were never inside the vehicle are Witnesses 101 and 127. Both of those witnesses have given accounts that are inconsistent with the forensic and physical evidence. For example, both witnesses insisted that Wilson shot Brown in the back as he fled and that they saw shots hit Brown in the back. These statements are contradicted by all three autopsies, which concluded that Brown had no entry wounds to his back."P81
"he physical evidence in the form of the blood on the ground establishes that he did move forward and that he fell to the ground with his left hand near his waistband."p82
"The evidence establishes that the shots fired by Wilson after Brown turned around were in self-defense and thus were not objectively unreasonable under the Fourth Amendment" p82
"several of these witnesses stated that they would have felt threatened by Brown and would have responded in the same way Wilson did." P82
"there are no witnesses who could testify credibly that Wilson shot Brown while Brown was clearly attempting to surrender." p83
"There is no witness who has stated that Brown had his hands up in surrender whose statement is otherwise consistent with the physical evidence." P83
"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.”P83
"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."P84
"Sufficent credible evidence supports Wilson’s claim that he reasonably perceived Brown to be posing a deadly threat."p84
"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"p84
"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." P84
"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."P85
#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."P85
"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."P85
“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 obj ectively unreasonable and thus not a violation of 18 U.S.C. § 242." P85
"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."86
"For the reasons set forth above, this matter lacks prosecutive merit and should be closed"p86
Key witness #102 was the voice heard in the background of a You Tube video that was promoted on Free Republic. He was heard saying that Brown kept charging. He thought the officer kept missing his shots.
If you recall seeing the video of some white contractors asking why ou shot a man with his hands up, the told the DOJ they never saw the shooting and were only were only reacting to what they were told. P77
Posted this in chat but if you feel its newsworthy/activism enough feel free to move. Thanks!
That’s a racist report.
Its actually quite incredible that on EVERY contested point, the DOJ found in Wilsons favor.
“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.”P83
Hands up! Dont Shoot!
All those fools at the “die ins” & dopes wearing shirts and hollering this over and over, nothing but lies...lying sacks of horsehockey!
Hooray, this case will stand as a benchmark against every thug who thinks hes above the law and tries to assault or take a lawman’s sidearm.
Good triumphs here.
Having a field day on twitter with this :)
They still think he did not steal cigars lol
Thank you for this summary. I am glad that you took the time to do this for everyone reading. Thanks.
What do you expect from the DOJ - they are just covering for their jack-booted thugs. Holder and all of obama’s people going to the funeral and making such a fuss is just cover as they are all Uncle Toms and trying to keep the black man down. (Well - at least that’s what I’m guessing many people will surmise after reading this report._
Interesting perspective. I was thinking that there were actually good people that still worked at DOJ. I sort of imagined that word was given to the investigators to find fault. They couldn’t find any that could be defended. In this case the actual evidence was too overwhelming to lie about. That didn’t stop Holder’s people to continue their most recent witch hunt. I can only imagine that a second team was brought in after the first failed.
No problem. Someone had to read the darn thing. Its amazing how many lies, besides the “hands up don’t shoot”, are defeated with this report.
Lies is all the left has. If you can’t present your side with the truth, just make it up and push it hard.
I’m glad this report got to the truth - and real justice that the left speaks so much of. Hopefully it will bolster Officer Wilson against the civil charges. But on a national scale this report won’t change anything though - the narrative has already been set by the media and obama.
Just like Global Warming, obamacare, etc. - the facts and/or the results don’t matter, only the agenda.
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