specific about which facts. Witness 118 also added that she did not have a lawyer when she was first interviewed by the SLCPD, though there was nothing to indicate that interview was custodial or coercive and Witness 118 expressed no apprehension or hesitation when speaking with the SLCPD.
Witness 118 has no criminal history. Witness 118's accounts are riddled with internal inconsistencies, inconsistencies with the physical and forensic evidence, and inconsistencies with credible witness accounts. Her attention was admittedly diverted away from the shooting when she watched Witness 101 ducking for cover and she acknowledged that her account was also based on assumption and media coverage. Accordingly, after a thorough review of the evidence, federal prosecutors determined the various versions of this witness's account to lack credibility and therefore it does not support a prosecution of Darren Wilson.
Witness 122 is a 46-year-old white male. He was laying drain pipe on Canfield Drive with Witness 130 on the morning of the shooting. Witness 122 gave six statements, including testimony before the county grand jury. SLCPD detectives and an FBI agent twice jointly interviewed him, and SLCPD detectives once independently interviewed him. Witness 122 and Witness 130 authored one-page written statements on advice of a former boss. Witness 122 and Witness 130 claimed that they did not discuss what they witnessed, though Witness 130 admitted that they read each other's statements after they were written. Witness 122 gave a media interview on the condition of anonymity. As noted throughout this memorandum, federal prosecutors interviewed many potential witnesses in an effort to assess credibility and reconcile internal inconsistencies and inconsistencies with physical evidence, as is necessary to make a fair prosecutive decision. Witness 122 agreed to meet with federal prosecutors only after assurances that he would not be held against his will at the FBI office, claiming that he had heard of instances where individuals go to the FBI office and do not emerge for days.
According to Witness 122, Witness 122 and Witness 130 (collectively, "the contractors") twice encountered Brown during the morning of the shootings, first when Brown was alone and then when Brown was with Witness 101. Witness 122 and Brown did most of the talking, and the topics included God and smoking marijuana. About 20 minutes after their last conversation with Brown, the contractors heard a loud bang. Witness 122 saw Brown running, staggering, or falling forward. Contrary to the autopsy results, Witness 122 described Brown being shot in the back and "knew he had gotten hit." In fact, both contractors claimed to have witnessed bullets go through Brown and exit his back, as evidenced by his shirt "popping back" and "stuff coming through." However, in his interview with federal prosecutors, Witness 122 explained that he thought that Brown was shot in the back and stumbled until he saw media reports about the autopsy commissioned by Brown's family. After learning about that autopsy, he realized that Brown was not shot in the back and admittedly changed his account.
Witness 122 also claimed that Brown put his right hand to the ground to regain his balance when he was hit and as he turned around. According to both contractors, Brown then turned around with his hands up and repeatedly screamed "Okay!" as many as eight times, an exclamation heard by no other witness. When Witness 122 demonstrated the position of
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