street when the officer asked them to get out of street. Brown responded something to the effect of, "Fuck the police." According to Witness 109, Wilson got out of his vehicle and Brown, the "young guy that died," hit him in the face. Witness 109 explained that Wilson reached for what appeared to be a taser but dropped it, and then grabbed a gun. Witness 109 explained that Brown reached for Wilson's gun. Although Witness 109's description was somewhat disjointed, he also stated that at first Brown ran away from Wilson, but then kept coming toward Wilson. Wilson told Brown to stop and lie down, but Brown failed to comply. Witness 109 said that Wilson fired in self-defense, explaining that Wilson did not shoot to kill at first, but "he unloaded on him when [Brown] wouldn't stop." Witness 109 said that "a lot of people saw that it was justified," ending the call by stating, "I know police get a bad rap, but they're here to protect us."
Federal and county prosecutors and investigators tried to no avail to interview Witness 109. True to his word on that initial phone call, he would not discuss what he saw. He did, however, acknowledge that he placed a call to the SLCPD information line.
Witness 109 does have a criminal history that would be admissible in federal court. Witness 109 has a misdemeanor theft conviction from 1985 and a felony arrest, both of which likely would be inadmissible in federal court for impeachment purposes. Witness 109's account is exculpatory as to Wilson and although Witness 109 may be subject to limited impeachment, the majority of his description is consistent with the physical and forensic evidence, and consistent with other credible witness accounts. Community sentiment and therefore his reluctance to testify on behalf of Wilson would likely bolster his account.
Witness 113 is a 31-year-old black female. She was interviewed one time by FBI agents during their canvass on August 16, 2014, and gave an account that generally corroborated Wilson, but only after she was confronted with untruthful statements she initially made in an effort to avoid neighborhood backlash. When local authorities tried to serve Witness 113 with a subpoena to testify before the county grand jury, she blockaded her door with a couch to avoid service.
Witness 113 was on her brother's balcony, located opposite and to the left of the aforementioned minivan, when she first saw Brown walking in the street. Contrary to other witness accounts, Witness 113 saw what she believed to be three black males walking in the street, and two police vehicles present, calling into question whether she actually witnessed the beginning of the incident. She explained that one of the police officers told Brown and his friends to go on the sidewalk, and then subsequently called Brown over to his vehicle, where a struggle occurred.
Witness 113 then gave an account that was contrary to physical evidence, internally inconsistent, and admittedly untrue. She first explained that Brown ran east, away from Wilson, as Wilson shot at him. However, she then explained that she watched as Brown ran west past Wilson, who shot Brown right next to the SUV. Witness 113 stated that Wilson fired shots into Brown's back as he lay flat on his stomach on the ground. When the FBI told Witness 113 that the autopsy results and other evidence were inconsistent with her account, she admitted that she
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