Report: Brown Was Not Shot With His Hands In The Air

1408390089660_Image_galleryImage_Officer_DARREN_WILSON_pic1408392017717_Image_galleryImage_Piaget_Crenshaw_who_livesMore evidence is emerging supporting Ferguson officer Darren Wilson’s claims in the shooting of Michael Brown. The most recent story states that Brown did not have his hands up in the air, as supporters have long claimed, when he was shot. The image of people holding her hands in the air has become the unifying symbol of case and the new evidence represents a new contradiction of the account of Brown’s friend, Dorian Johnson, who insisted that Brown was not shot in a struggle in the car and was shot with his hands in the air.

The fatal encounter between Wilson and Brown occurred shortly after Brown committed a strong arm robbery of a store owner in stealing some cigars:

However, Brown was unarmed when he was shot and Missouri Governor Jay Nixon quickly called for the prosecution of Wilson and referred to Brown as the victim and Eric Holder ordered a massive federal investigation of the shooting as a civil rights violation before the completion of the local investigation.

Middle_of_the_crowd_in_FergusonMuch of the anger stemmed from the account of Johnson. As discussed earlier, the evidence indicates that Wilson was suffered some injuries in a struggle and that, consistent with his account, Brown was shot at close quarters, his blood was on the service weapon. The evidence also reportedly supports the claim that the gun was discarded within the car in a struggle.

Regardless of how one reads this evidence, it is another cautionary tale in rushing to judgment in such cases before the investigation is completed. The involvement of politicians and protesters in immediately demanding prosecution can have a highly distortive effect on such cases. There has been an immediate and negative response to any suggestions of evidence supporting the officer in this controversy. The fact is that this controversy — and subsequent rioting — was based on the account of Johnson and very early (and contested) stories of what occurred. As I have previously discussed, while the looting and rioting was not their fault, it was highly improper for politicians to assign guilt before the completion of even the initial investigation.

Wilson reportedly testified before the Grand Jury that he pulled over in his SUV to talk to Brown and his friend Dorian Johnson about the theft of cigarillos. He said that when tried to get out, Brown slammed the door shut and punched him in the face. He just that, when he reached for his weapon, Brown grabbed it and it was pointing for a time at Wilson in the struggling. He said that it was in this struggle that Brown was shot in the hand. He said that he then chased after Brown who allegedly turned and ran toward him. Wilson testified that he told him to stop and then fired. He said that when Wilson continued, he fired more shots.

The independent experts hired by the Post-Dispatch said that they believed that the evidence supported Wilson on some critical points and that a significant struggle occurred in direct and irreconcilable conflict with the account of Johnson. Forensic pathologist from San Francisco, Dr. Judy Melinek, said that Brown’s palms could not have been facing Wilson in the standard surrender position – with hands up and palms out – when he was shot. While other scenarios could explain the evidence and there is still the question of why so many shots were fired (even if the officer’s account is true), there may remain considerable conflicts in the original account.

Those conclusions would seem to support growing view that the Obama Administration also found insufficient evidence to support any federal charge in the shooting and is leaking stories to prepare people for the closing of the investigation.

Source: CBS

287 thoughts on “Report: Brown Was Not Shot With His Hands In The Air”

  1. The pretense of white liberals is that they are inciting black mob violence because their hears bleed for blacks.

    The outcome of the riots will be that Ferguson will be a wasteland for decades, a la Detroit and Newark.

    And white liberals will refuse to acknowledge that that is the result of their actions.

  2. This case should never have made the papers and TV. It did so only because white liberals are constantly on the lookout for cases to justify black tribal blood vengeance. Well, and the Obama administration is desperate to turn out the black vote. Al Sharpton, the race demagogue, was dispatched by the Obama administration to incite black mob violence.

  3. Darren, In a perfect world you are correct. But, JT posted this and folks are not going to wait for a final report.

  4. The evidence is clear. This unfortunate young child was on his way to Bible study when this obviously racist cop decided to drag him into his car and when he acted in self-defense and attempted to distance himself from this abuser, he was fatally shot.

  5. Jim22,

    Yes! Those same idiots relied on a release of the metro police dispatch audio to determine what was put out over the radio in Ferguson. Problem is; Ferguson PD is not on metro dispatch. Anyone listening to the audio can clearly hear the dispatcher say that Ferguson is requesting assistance, but you never actually hear Ferguson call for assistance. It’s a dead giveaway, but those idiots will never figure it out.

  6. As for the mention someone had earlier of the pounding of someone’s head into the concrete, Washington’s appellate courts, in an example, held that a hard surface such as a floor or sidewalk could be considered a weapon for the purpose of a felony assault where a suspect repeatedly strikes a victim’s head into the ground.

  7. Remember the Ferguson Police Chief stated that the convenient store ‘robbery’ was not reported to Officer Wilson before Officer Wilson confronted Mike Brown and Dorian Johnson? The police Chief stated that Officer Wilson told the two teenagers to get out of the street, and when they refused Officer Wilson got out of his car to place them under arrest for refusing to obey?

    I am going to wait until I receive the full grand jury report, before assuming Officer Wilson made a statement to the grand jury, contradicting the police Chief’s and police dispatcher’s statements?

  8. Again as I have said, we need to wait until the final report is released and then comment based upon those findings but here are a few generalities:

    According to the training we received as LEOs when a suspect disarms a police officer during a struggle there is, according to FBI statistics, a 90% chance the officer will be killed with his own firearm. Preventing that from happening an officer is generally justified in using deadly force during a struggle to retain that firearm if he/she reasonably believes at the time of occurrence that the attacker will obtain the weapon.

    The rest will have to wait until the final report comes out.

  9. We have no evidence to prove that Michael Brown was going for Officer Wilson’s gun. There is possibility that he did–but no proof for certain. Check out what forensic pathologist Dr. Judy Melinek said after conducting an analysis of the autopsy report.

  10. Oddly, white folks are not looking around for martyrs and demanding tribal blood vengeance when a white person is shot by police.

    Liberals obviously believe that blacks should be entitled to tribal blood vengeance, and that they should be exempt from the constraints of the legal system.

    The issue is not whether a particular case provides perfect justice. The issue is whether we foreswear tribal blood vengeance.

  11. Jack, Isn’t it amazing how the thug supporters always know so much more about what happened without being there?

  12. The challenge is so much larger than this particular set of events. Since increasing numbers of black people (but certainly not all) have been given opportunities similar to white folks, we now see black people at all levels of government, in highly technical professions, in all types of roles on TV and movies. We have moved forward and that must continue. There is still an enormous challenge ahead in reducing destructive racism practiced by underachievers who build their own self-importance by assuming the automatic inferiority of others based on race and gender. One way to do this is to recognize the importance of the work done by truck drivers, restaurant workers, health care and child care workers, construction workers, by paying them a living wage and thanking them for their service.

  13. “Jack, It is part of police procedure that incidence reports get filled out. Specifically, the officer who discharges his weapon is required to fill out the use-of-firearm report. The reports are not filled out. But maybe you’re right, maybe the chief ordered him not to fill them out.”

    You have absolutely no idea what forms were or were not filled out. At best, you know that they have not yet been made public. –Would there be good reason to not yet make them available to the public? Why YES, They would not be released to the public because they don’t want to taint witness testimony.

    Now you’re changing from “Wilson refused” to maybe the Chief ordered him not to fill them out? –Absence of evidence is not evidence of absence. They must not teach that at Freddy’s.

  14. Missouri “fleeing felon” law is superseded by federal constitutional law, because the Missouri law violates the 14th Amendment.

    The Missouri Jury Instruction posted upthread, however, comply with federal law.

    I wonder if the grand jury was read the petite jury instructions or just the Missouri statute that is unconstitutional?

  15. Nick Spinelli

    A black cop would have shot this guy just like a white cop did. No doubt. When someone is trying to take your gun, it ain’t about race, folks.
    ============================
    It is when they effectively shoot the victim after the reason to shoot the fleeing suspect has passed (Tennessee v Garner, supra).

    Time changes things.

  16. bettykath, The union attorney may well have told the cop not to fill out the report. Any good attorney, seeing the shitstorm brewing, would have told his client to say NOTHING.

  17. Jack, It is part of police procedure that incidence reports get filled out. Specifically, the officer who discharges his weapon is required to fill out the use-of-firearm report. The reports are not filled out. But maybe you’re right, maybe the chief ordered him not to fill them out.

  18. Just like with the Trayvon Martin case. And then they wonder why there is civil unrest.

    1. Annie – Trayvon Martin was armed with a concrete sidewalk that he was beating GZ head against. Michael Brown was going for Wilson’s weapon and had he gotten it would have been even more seriously armed. Both are thugs.

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