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5 6 too much of a pussy to shoot,” and put his right hand over Wilson’s right hand, gaining control of the gun. Brown then maneuvered the gun so that it was pointed down at Wilson’s left hip. Wilson explained that Brown’s size and strength, coupled with his standing position outside the SUV relative to Wilson’s seated position inside the SUV, rendered Wilson completely vulnerable. Wilson stated that he feared Brown was going to shoot him because Brown had control of the gun. Wilson managed to use his left elbow to brace against the seat, gaining enough leverage to push the gun forward until it lined up with the driver’s door, just under the handle. Wilson explained that he twice pulled the trigger but the gun did not fire, most likely because Brown’s hand was preventing the gun from functioning properly. Wilson pulled the trigger a third time and the gun fired into the door. Immediately, glass shattered because the window had been down, and Wilson noticed blood on his own hand. Wilson initially thought he had been cut by the glass. Brown appeared to be momentarily startled because he briefly backed up. Wilson saw Brown put his hand down to his right hip, and initially assumed the bullet went through the door and struck Brown there. Wilson then described Brown becoming enraged, and that Brown “looked like a demon.” Brown then leaned into the driver’s window so that his head and arms were inside the SUV and he assaulted Wilson again. Wilson explained that while blocking his face with his left hand, he tried to fire his gun with his right hand, but the gun jammed. Wilson lifted the gun, without looking, and used both hands to manually clear the gun while also trying to shield himself. He then successfully fired another shot, holding the gun in his right hand. According to Wilson, he could not see where he shot, but did not think that he struck Brown because he saw “smoke” outside the window, seemingly from the ground, indicating to him a point of impact that was farther away. Brown then took off running. Wilson radioed for additional assistance, calling out that shots were fired. Wilson then chased after Brown on foot. Federal prosecutors questioned Wilson as to why he did not drive away or wait for backup, but instead chose to pursue Brown despite the attack he just described. Wilson explained that he ran after Brown because Brown posed a danger to others, having just assaulted a police officer and likely stolen from Ferguson Market. Given Brown’s violent and otherwise erratic behavior, Wilson was concerned that Brown was a danger to anyone who crossed his path as he ran. Wilson denied firing any shots while Brown was running from him. Rather he kept his gun out, but down in a “low ready” position. Wilson explained that he chased after Brown, repeatedly yelling at him to stop and get on the ground. Brown kept running, but when he was about 20 to 30 feet from Wilson, abruptly stopped, and turned around toward Wilson, appearing “psychotic,” “hostile,” and “crazy,” as though he was “looking through” Wilson. While making 5 According to Wilson’s sergeant, Witness 147, Wilson told him that Brown made that comment later when Brown was charging at Wilson in the roadway. Witness 147 remembered this part of Wilson’s account when he testified before the county grand jury, and not when he was interviewed by state and federal authorities. In every other account, Wilson stated that Brown made that comment as soon as he withdrew his gun. 6 During his second interview with SLCPD detectives, Wilson stated he was unsure with which hand Brown reached for Wilson’s gun. During all other statements, when asked, Wilson said that Brown used his right hand. 14

DOJ Report on Shooting of Michael Brown  - Page 14 DOJ Report on Shooting of Michael Brown Page 13 Page 15