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Ferguson probe: Conflicting witnesses, ME denied access

Wilson says Brown charged at him, medical examiner complains of lack of police transparency, Eric Holder says the federal case is still open.

By Matt Bradwell
Fire hoses are useless as a section of of Ferguson, Missouri burns during the night of November 24th/25th after a grand jury decided not to indict police officer Darren Wilson in the killing of Michael Brown late on November 24, 2014. Wilson killed Brown, who was unarmed, in an August 9, 2014 incident that has sparked racial tension and riots. UPI/Lawrence Bryant
1 of 2 | Fire hoses are useless as a section of of Ferguson, Missouri burns during the night of November 24th/25th after a grand jury decided not to indict police officer Darren Wilson in the killing of Michael Brown late on November 24, 2014. Wilson killed Brown, who was unarmed, in an August 9, 2014 incident that has sparked racial tension and riots. UPI/Lawrence Bryant | License Photo

ST. LOUIS, Nov. 25 (UPI) -- Evidence released in the shooting of Michael Brown sheds light on how a grand jury concluded there was no probable cause to indict Ferguson Police Officer Darren Wilson in the unarmed teenager's death.

The file, released by St. Louis County prosecutor Robert McCulloch, also illuminates complaints from the Medical Examiner that he was denied access to some evidence in the case.

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In testimony to the grand jury, whose decision not to indict was announced Monday, sparking protests, Wilson described the killing as self-defense and said the incident began with punches.

Wilson told the grand jury Brown eventually overpowered him in his police car and when the conflict moved out of the vehicle, Brown charged at him. Fearing for his life, Wilson said he fired multiple shots, eventually fatally striking Brown in the head.

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"I was yelling at him to stop and get on the ground. He kept running and then eventually he stopped in this area somewhere. When he stopped, he turned, looked at me, made like a [grunting] noise and had the most intense aggressive face I've ever seen on a person. When he looked at me, he then did like the hop ... you know like people do to start running ... During his first stride, he took his right hand put it under his shirt and into his waistband. And I ordered him to stop and get on the ground again. He didn't; I fired, a, multiple shots. After I fired the multiple shots I paused for a second, yelled at him to get on the ground again, he was still in the same state. Still charging hands still in his waistband, hadn't slowed down. I fired another set of shots. Same thing, still running at me hadn't slowed down, hands still in his waistband. He gets about 8 to 10 feet away, and he's still coming at me in the same way. I fired more shots. One of those, however many of them hit on him in the head and he went down right there ... I never touched him."

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Witness accounts vary.

One told police Brown exited the cruiser and signaled "[I] give up" before Wilson opened fire.

"He got outta the car and he ... was goin' back toward them like '[I] give up."

Another witness' testimony more closely reflected Wilson's, describing Brown charging at Wilson even after shots were fired.

"The dude turned back around and started charging towards the police officer, the police officer told him to stop at least three times ... The boy wouldn't stop, he fired three rounds, the dude kept running, fired four more rounds, and then he finished off the rounds I guess, and he fell on the ground dead."

Also released was medical examiner Michael Barden's Nov. 24 letter to prosecutors complaining about information he did not have access to.

"I have not yet been permitted to have access to requested police crime scene photographs and reports, to the results of the forensic examination of the patrol car, to the Christian Hospital EMS report of Mr. Brown and the emergency room examination of Officer Wilson, to the ballistics information, to the results of the autopsy hand swabs and fingernail clipping examinations, and to witness statements.

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In his 25 years as medical examiner, Barden said the withholding of such information was highly unusual.

Although the St. Louis County grand jury declined to charge Wilson, Attorney General Eric Holder has announced a federal investigation into the shooting and alleged "unconstitutional policing patterns or practices by the Ferguson Police Department" remained ongoing.

"Michael Brown's death was a tragedy. This incident has sparked a national conversation about the need to ensure confidence between law enforcement and the communities they protect and serve. While constructive efforts are underway in Ferguson and communities nationwide, far more must be done to create enduring trust. The Department will continue to work with law enforcement, civil rights, faith and community leaders across the country to foster effective relationships between law enforcement and the communities they serve and to improve fairness in the criminal justice system overall."

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