Witness 128 is a 23-year-old black male who has made three different statements to law enforcement and testified before the county grand jury. He initially had a telephone interview with an investigator from the St. Louis County Prosecutor's Office and then an additional interview with that same investigator and the FBI. Both interviews were materially inconsistent with the physical evidence. Federal agents and prosecutors interviewed Witness 128 again in an effort to evaluate some of the inconsistencies.
According to Witness 128's initial accounts, he was driving east on Canfield Drive when he witnessed the shooting. It is unclear what Witness 128 initially saw because in one interview, he stated that he saw the police vehicle quickly back up. In another interview, he stated that by the time he pulled up, Wilson had already stopped his vehicle. Witness 128 stated that he then saw Brown struggling to get away from Wilson, who was choking Brown with both hands, while Witness 101 stood behind Brown. Witness 128 then heard a gunshot and saw the impact of the bullet, initially giving little detail but subsequently adding that Wilson held the gun out the window with his right hand while holding Brown with his left hand, and firing the gun into Brown's left chest.
Brown broke free and ran about 15 feet while Witness 101 ducked down between the police vehicle and the car right behind it. Witness 128 explained that while Wilson was still seated in the vehicle with the door closed, Wilson "let more shots go." Brown appeared to get hit by four rounds in the middle of his back. Brown “slowed up” and turned around, although Witness 128 later stated that Brown continued running another 20 or 25 feet before he turned around.
Wilson then emerged from the SUV about five seconds after he fired four or five rounds, and "patiently" walked toward Brown in "lazy pursuit." Brown "threw his hands up, clean in the air." Initially, Witness 128 stated that Brown said, “Don't kill me,” but later admitted that he did not actually hear Brown or Wilson say anything. Wilson then fired two shots at "point blank range" from within two feet. The shots hit Brown in the face and Brown fell to the ground. Wilson then fired four or five shots into Brown's back after Brown was already dead, face first on the ground. Witness 128 then drove by Wilson and asked him why he shot Brown. Wilson told Witness 128 to "shut the fuck up," "mind [his] own business," and "keep going." Witness 128 then pulled into his complex and parked, staying away because he did not want to get shot himself. According to Witness 128, there were no other people or cars on the street, except for a white pick-up truck behind him.
Federal prosecutors and agents met with Witness 128 and challenged him on internal inconsistencies and statements he made that were inconsistent with physical evidence. Contrary to his previous account, he stated that when he pulled up on Canfield Drive, he saw Brown in the driver's side window of the SUV from his mid-chest up. He stated that Brown and Wilson were pulling on each other's shirts until Brown backed up. Wilson then held his gun out the window and fired a shot. As a result, Brown ran from the vehicle. Contrary to his previous statement to the FBI, Witness 128 told federal prosecutors that although he heard additional shots, he did not see them because he ducked down in his vehicle. For the first time, Witness 128 mentioned the
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