Inconsistencies in Ferguson grand jury evidence

FERGUSON, Mo. — Some witnesses said Michael Brown had been shot in the back. Another said he was face-down on the ground when officer Darren Wilson finished him off. Still others acknowledged changing their stories to fit published details about the autopsy or admitted that they did not see the shooting at all.

An Associated Press review of thousands of pages of grand jury documents reveals numerous examples of statements made during the shooting investigation that were inconsistent, fabricated or provably wrong. For one, the autopsies ultimately showed Brown was not struck by any bullets in his back.

Prosecutors exposed these inconsistencies before the jurors, which likely influenced their decision not to indict Wilson in Brown’s death.

Bob McCulloch, the St. Louis County prosecutor, said the grand jury had to weigh testimony that conflicted with physical evidence and conflicting statements by witnesses as it decided whether Wilson should face charges.

“Many witnesses to the shooting of Michael Brown made statements inconsistent with other statements they made and also conflicting with the physical evidence. Some were completely refuted by the physical evidence,” McCulloch said.

The decision Monday not to charge Wilson with any crime set off more violent protests in the St. Louis suburb of Ferguson and around the country, fueled by claims that the unarmed black 18-year-old was shot while surrendering to the white officer in the mostly African-American city.

What people thought were facts about the Aug. 9 shooting have become intertwined with what many see as abuses of power and racial inequality in America.

And media coverage of the shooting’s aftermath made it into the grand jury proceedings. Before some witnesses testified, prosecutors showed jurors clips of the same people making statements on TV.

Their inconsistencies began almost immediately after the shooting, from people in the neighborhood, the friend walking with Brown during the encounter and even one woman who authorities suggested probably wasn’t even at the scene at the time.

Jurors also were presented with dueling versions from Wilson and Dorian Johnson, who was walking with Brown during the Aug. 9 confrontation. Johnson painted Wilson as provoking the violence, while Wilson said Brown was the aggressor.

But Johnson also declared on TV, in a clip played for the grand jury, that Wilson fired at least one shot at his friend while Brown was running away: “It struck my friend in the back.”

Johnson held to a variation of this description in his grand jury testimony, saying the shot caused Brown’s body to “do like a jerking movement, not to where it looked like he got hit in his back, but I knew, it maybe could have grazed him, but he definitely made a jerking movement.”

Other eyewitness accounts also were clearly wrong.

One woman, who said she was smoking a cigarette with a friend nearby, claimed she saw a second police officer in the passenger seat of Wilson’s vehicle. When quizzed by a prosecutor, she elaborated: The officer was white, “middle age or young” and in uniform. She said she was positive there was a second officer — even though there was not.

Another woman testified that she saw Brown leaning through the officer’s window “from his navel up,” with his hand moving up and down, as if he were punching the officer. But when the same witness returned to testify again on another day, she said she suffers from mental disorder, has racist views and that she has trouble distinguishing the truth from things she had read online.

Prosecutors suggested the woman had fabricated the entire incident and was not even at the scene the day of the shooting.

Another witness had told the FBI after the shooting that he saw Wilson shoot Brown in the back and then stand over his prone body to finish him off. But in his grand jury testimony, this witness, acknowledged that he had not seen that part of the shooting, and that what he told the FBI was “based on me being where I’m from, and that can be the only assumption that I have.”

The witness, who lives in the predominantly black neighborhood where Brown was killed, also acknowledged that he changed his story to fit details of the autopsy that he had learned about on TV.

“So it was after you learned that the things you said you saw couldn’t have happened that way, then you changed your story about what you seen?” a prosecutor asserted.

“Yeah, to coincide with what really happened,” the witness replied.

Another man, describing himself as a friend of Brown’s, told a federal investigator that he heard the first gunshot, looked out his window and saw an officer with a gun drawn and Brown “on his knees with his hands in the air.” He added: “I seen him shoot him in the head.”

But when later pressed by the investigator, the friend said he had not seen the actual shooting because he was walking down the stairs at the time and instead had heard details from someone in the apartment complex.

“What you are saying you saw isn’t forensically possible based on the evidence,” the investigator told the friend.

Shortly after that, the friend asked if he could leave.

“I ain’t feeling comfortable,” he said.

An updated interactive about the Ferguson grand jury.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

In this Jan. 4, 2019 photo, workers and other officials gather outside the Sky Valley Education Center school in Monroe, Wash., before going inside to collect samples for testing. The samples were tested for PCBs, or polychlorinated biphenyls, as well as dioxins and furans. A lawsuit filed on behalf of several families and teachers claims that officials failed to adequately respond to PCBs, or polychlorinated biphenyls, in the school. (AP Photo/Ted S. Warren)
Judge halves $784M for women exposed to Monsanto chemicals at Monroe school

Monsanto lawyers argued “arbitrary and excessive” damages in the Sky Valley Education Center case “cannot withstand constitutional scrutiny.”

Mukilteo Police Chief Andy Illyn and the graphic he created. He is currently attending the 10-week FBI National Academy in Quantico, Virginia. (Photo provided by Andy Illyn)
Help wanted: Unicorns for ‘pure magic’ career with Mukilteo police

“There’s a whole population who would be amazing police officers” but never considered it, the police chief said.

Alan Edward Dean, convicted of the 1993 murder of Melissa Lee, professes his innocence in the courtroom during his sentencing Wednesday, April 24, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
Bothell man gets 26 years in cold case murder of Melissa Lee, 15

“I’m innocent, not guilty. … They planted that DNA. I’ve been framed,” said Alan Edward Dean, as he was sentenced for the 1993 murder.

Patrick Lester Clay (Photo provided by the Department of Corrections)
Police searching for Monroe prison escapee

Officials suspect Patrick Lester Clay, 59, broke into an employee’s office, stole their car keys and drove off.

People hang up hearts with messages about saving the Clark Park gazebo during a “heart bomb” event hosted by Historic Everett on Saturday, Feb. 17, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Clark Park gazebo removal complicated by Everett historical group

Over a City Hall push, the city’s historical commission wants to find ways to keep the gazebo in place, alongside a proposed dog park.

A person turns in their ballot at a ballot box located near the Edmonds Library in Edmonds, Washington on Sunday, Nov. 5, 2023. (Annie Barker / The Herald)
Deadline fast approaching for Everett property tax measure

Everett leaders are working to the last minute to nail down a new levy. Next week, the City Council will have to make a final decision.

Hawthorne Elementary students Kayden Smith, left, John Handall and Jace Debolt use their golden shovels to help plant a tree at Wiggums Hollow Park  in celebration of Washington’s Arbor Day on Wednesday, April 13, 2022 in Everett. (Olivia Vanni / The Herald)
Snohomish County to hold post-Earth Day recycling event in Monroe

Locals can bring hard-to-recycle items to Evergreen State Fair Park. Accepted items include Styrofoam, electronics and tires.

A group including Everett Mayor Cassie Franklin, Compass Health CEO Tom Sebastian, Sen. Keith Wagoner and Rep. Julio Cortes take their turn breaking ground during a ceremony celebrating phase two of Compass Health’s Broadway Campus Redevelopment project Thursday, Oct. 12, 2023, in Everett, Washington. (Ryan Berry / The Herald)
Compass Health cuts child and family therapy services in Everett

The move means layoffs and a shift for Everett families to telehealth or other care sites.

Everett
Everett baby dies amid string of child fentanyl overdoses

Firefighters have responded to three incidents of children under 2 who were exposed to fentanyl this week. Police were investigating.

Everett
Everett police arrest different man in fatal pellet gun shooting

After new evidence came to light, manslaughter charges were dropped against Alexander Moseid. Police arrested Aaron Trevino.

A Mukilteo Speedway sign hangs at an intersection along the road on Sunday, April 21, 2024, in Mukilteo, Washington. (Ryan Berry / The Herald)
What’s in a ‘speedway’? Mukilteo considers renaming main drag

“Why would anybody name their major road a speedway?” wondered Mayor Joe Marine. The city is considering a rebrand for its arterial route.

Edmonds City Council members answer questions during an Edmonds City Council Town Hall on Thursday, April 18, 2024 in Edmonds, Washington. (Olivia Vanni / The Herald)
Edmonds fire service faces expiration date, quandary about what’s next

South County Fire will end a contract with the city in late 2025, citing insufficient funds. Edmonds sees four options for its next step.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.