Here’s a story from the NY Times about testimony Officer Darren Wilson gave investigators about his struggle, and fatal shooting of Michael Brown. It definitely shows a struggle and 2 shots in the car. From there we’re left with state of mind and witness’s testimony. Not enough to indict in my mind, but then again what’s the saying…”You can indict a ham sandwich” It won’t be pretty.—————————————————————————————————-
Police Officer in Ferguson Is Said to Recount a Struggle
WASHINGTON — The police officer who fatally shot Michael Brown in Ferguson, Mo., two months ago has told investigators that he was pinned in his vehicle and in fear for his life as he struggled over his gun with Mr. Brown, according to government officials briefed on the federal civil rights investigation into the matter.
This is the first public account of Officer Wilson’s testimony to investigators, but it does not explain why, after he emerged from his vehicle, he fired at Mr. Brown multiple times. It contradicts some witness accounts, and it will not calm those who have been demanding to know why an unarmed man was shot a total of six times. Mr. Brown’s death continues to fuel anger and sometimes-violent protests.
The officer, Darren Wilson, has told the authorities that during the scuffle, Mr. Brown reached for the gun. It was fired twice in the car, according to forensics tests performed by the Federal Bureau of Investigation. The first bullet struck Mr. Brown in the arm; the second bullet missed.
The forensics tests showed Mr. Brown’s blood on the gun, as well as on the interior door panel and on Officer Wilson’s uniform. Officer Wilson told the authorities that Mr. Brown had punched and scratched him repeatedly, leaving swelling on his face and cuts on his neck.
In September, Officer Wilson appeared for four hours before a St. Louis County grand jury, which was convened to determine whether there is probable cause that he committed a crime. Legal experts have said that his decision to testify was surprising, given that it was not required by law. But the struggle in the car may prove to be a more influential piece of information for the grand jury, one that speaks to Officer Wilson’s state of mind, his feeling of vulnerability and his sense of heightened alert when he killed Mr. Brown.
Police officers typically have wide latitude to use lethal force if they reasonably believe that they are in imminent danger.
The officials said that while the federal investigation was continuing, the evidence so far did not support civil rights charges against Officer Wilson. To press charges, the Justice Department would need to clear a high bar, proving that Officer Wilson willfully violated Mr. Brown’s civil rights when he shot him.