Officer who killed Michael Brown claims he was forced inside his vehicle and feared for his life

Darren Wilson, the white police officer who killed Michael Brown, an 18-year-old black man, told federal investigators his account of the events of August 9 that resulted Brown's death. According to Wilson, Brown "punched and scratched him repeatedly"as the teenager held him inside his vehicle. Wilson claims "Brown reached for his gun" and "removed [it] from the holster on [Wilson's] right hip," according to this NYTimes report.

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.

 

The account of Officer Wilson’s version of events did not come from the Ferguson Police Department or from officials whose activities are being investigated as part of the civil rights inquiry.

The Brown family's attorney said that Wilson's account is unreliable, and that Wilson cannot dispute that he shot "Brown [as he] ran away from him." Dorian Johnson, who was with Brown that day, claims that Wilson actually "grabbed [Brown] around his neck" and pulled him into the police S.U.V.  before shooting him. After he shot Brown, Johnson says they "took off running" but Wilson shot Brown again -- and again -- a claim supported by at least one eyewitness. Johnson also denies that Brown ever attempted to grab Wilson's gun. 

The evidence confirms that there was a struggle between Wilson and Brown at last part of which occured inside the S.U.V., and that Brown was shot at close range with Wilson's gun. Brown's blood has been found on the gun and Wilson's uniform, as well as on the inside of the police S.U.V. The evidence also shows that two bullets were fired inside the vehicle, one of which struck Brown's arm. 

Then there's the matter of the shots fired outside the vehicle. The Times reports that Wilson did not account for these shots. Even if Wilson's conduct inside the vehicle was reasonable (which is disputed), the family's attorney will certainly claim that any perceived threat ceased once Brown began to flee. 

It seems to me that the NYTimes's report protends badly for those hoping the grand jury will issue an indictment. But perhaps I'm a cynic. Supposedly, we'll find out within the next 30 days.