The DOJ report Footnote 19 explains Wilson could have contaminated evidence by DNA transfer as outlined in the SCLC report but the government stops short of adopting this possibility as a more likely scenerario. The government doesn't cover Wilson's lengthy testimony about clearing and making his firearm serviceable by ejecting an unspent round. As outlined in the SCLC analysis report I concluded in the SCLC report my concern that Wilson's story of clearing his weapon to fire shot No. 2 while seated inside the SUV is not supported by the recovery of unspent round No. 13. A total of 12 spent shell casings, however, were recovered inside and outside the SUV by CSC. 

 

 

DOJ Findings

1. Shooting at the SUV

The evidence establishes that the shots fired by Wilson while he was seated in his SUV were in self-defense and thus were not objectively unreasonable under the Fourth Amendment.

 

According to Wilson, when he backed up his SUV and attempted to get out to speak with Brown, Brown blocked him from opening the door. Brown then reached through the window and began to punch Wilson in the face, after which he reached for and gained control of Wilson’s firearm by putting his hand over Wilson’s hand. As Brown was struggling for the gun and pointing it into Wilson’s hip, Wilson gained control of the firearm and fired (First Shot) it just over his lap at Brown’s hand. The physical evidence corroborates Wilson’s account in that the bullet was recovered from the door panel just over Wilson’s lap, the base of Brown’s hand displayed injuries consistent with it being within inches of the muzzle of the gun, and Wilson had injuries to his jaw consistent with being struck. Witnesses 102, 103, and 104 all state that they saw Brown with the upper portion of his body and/or arms inside the SUV as he struggled with Wilson. These witnesses have given consistent statements, and their statements are also consistent with the physical evidence.

 

SCLC Ethics Project Analysis p.224-225 Wilson Testimony. Brown has no injury to hand from (First Shot) because Wilson testified he looked at Brown's hands and saw no blood. 

27. Wilson’s testimony second shot fired inside cruiser. See page 225. Here Wilson testified that he pulled the trigger, in a second attempt to stop Brown from punching him with an alleged open or closed fist. Again, Brown has no weapon and Wilson is in a motor vehicle with less than lethal mace, baton, flashlight or driving off yet Wilson decides to pull the trigger of his Sig P229 in the direction of Brown again. Wilson’s testimony this time is his weapon, without Brown’s hands allegedly touching the barrel; malfunctions again with a ‘click’ on trigger pull. Here Wilson admits he pulled the trigger without looking at his target. Brown’s injury to the right hand is open and on the palmer side and not a clenched fist. Was Brown after the first shot raising his hands to give up? IMPORTANT: Brown’s hands are not on the barrel according to Wilson during this second malfunction. Wilson racked the slide and ejected one unspent round, according to his testimony. Crime Scene Services never located the unspent round #13 inside or outside Wilson’s cruiser. 

 

Discovery is evolving and I reserve the right to update my findings.