After learning of Witness 101's account alleging that Wilson grabbed Brown's throat by reaching out the driver's window and then subsequently shooting him while he was surrendering, Wilson told Witness 134 that Witness 101 was not present for the shooting because he saw Witness 101 run off as soon as Brown handed him the cigarillos during the assault at the SUV window. Wilson and Witness 134 agreed that the notion that a police officer would attempt to pull an individual into his vehicle, especially someone as big as Brown, is contrary to training. Wilson described Brown as Hulk Hogan-like, such that he could have easily overpowered Wilson.
Witness 134 has no criminal history. If called as a defense witness in a prosecution of Darren Wilson, Witness 134 would be subject to cross-examination due to obvious bias. However, her account of what Wilson told her is consistent with Wilson’s previous statements, with other credible witness accounts, and with the forensic and physical evidence. Accordingly, having met Witness 134 and considered her manner and demeanor, federal prosecutors found her account credible. Nonetheless, because of Witness 134’s relationship with Wilson and because most of her information came directly from Wilson, prosecutors did not heavily rely on her account when making a prosecutive decision.
ii. Witnesses Consistent with Prior Statements, Physical Evidence, and Other Witnesses Who Inculpate Wilson
There are no witnesses who fall under this category.
2. Witnesses Who Neither Inculpate Nor Fully Corroborate Wilson
i. Witness 107
Witness 107 is a 30-year-old black female. Witness 107 was seated in the passenger seat in the middle row of a minivan that was stopped opposite Wilson’s SUV at the time of the shooting. Witness 107 was seated next to her sister Witness 104 and behind her father, Witness 106. Witness 105, her mother, was seated in the driver's seat. However, when Witness 107 initially described what happened, she mistakenly thought she was in the front passenger seat and forgot that her father was present. She also mistakenly thought that they had been driving in the same direction as Wilson.
Witness 107 gave three statements. First, an SLCPD detective and an FBI agent jointly interviewed her. Federal prosecutors and agents conducted a follow-up interview to address inconsistencies with the physical evidence in her original account. Witness 107 also testified before the county grand jury.
According to Witness 107, she was looking at her mobile phone when she heard two gunshots. She looked up and out the front windshield, and saw Brown run away from Wilson. Witness 107 mistakenly thought that Wilson was standing toward the front of the passenger side of the police vehicle, and could not remember whether the vehicle was an SUV or a car. Wilson then chased after Brown and drew his gun, shooting three times. Contrary to the autopsy results, Witness 107 stated that Wilson shot Brown in the leg and hip as Brown was running away.
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