About 3 pm Pacific on Monday, I said to a friend, “Did you see that the grand jury reached a decision?”
He said yes, and we began a short discussion about race in America. I didn’t have to say any magic words like “Ferguson” or “Mike Brown” or “Darren Wilson.” This is the first time we had talked about the August shooting or race, although we have talked about inequity.
Neither of us expected the grand jury to indict for murder.
I had hoped for manslaughter. However, I would not have placed even a $5 bet on that outcome despite the fact that Darren Wilson had fired 12 shots at the unarmed Michael Brown, with at least six hitting him.
That’s because cops are rarely charged with shootings.
We say “at least” that many justifiable homicides at the hands of cops because not all departments report data to the FBI, and the FBI data are just for “felons,” which assumes a conviction.
Both the law and court decisions have made it difficult to prosecute an officer for killing someone while on duty. The trump card: “I feared for my life.”
When prosecutors take a case to a grand jury, however, the ratio flips. Not a cop? Expect to be charged.
Bumbling procedures tainted evidence
The grand jury investigation was hampered by “unorthodox forensic practices.”
For example, Wilson was allowed to return unescorted to the station where he “placed his recently fired pistol into an evidence bag himself.” That would have been a violation of the rules of the St. Louis County Police Department but no one in the DA’s office clarified what the rules were in Ferguson.
In addition, no one from the Ferguson police department dusted the gun for prints. Or photographed his hands before he cleaned up.
The grand jury heard a Ferguson investigator claim that because Wilson “never lost control of his gun” there was no need to dust it for prints.
Yet Wilson had claimed that he “was not in control of the gun” (page 7, pdf). Then later he claimed that Brown’s “fingers were over in between from the hammer and the slide preventing it from firing (page 8).”
Story misses
Some aspects of Wilson’s story did not jibe with the recollection of his fellow officers. However, they didn’t tape the interviews and “sometimes conducted them with other police personnel present.” What was the grand jury supposed to think?
Wilson says no one in police dept asked him to give statement. Only 1 he wrote was for attorney, conveniently protecting it from disclosure.
— Lisa Bloom (@LisaBloom) November 25, 2014
Not only did the supervising officer not record the initial interview, he didn’t write up his notes immediately after the interview. “I didn’t take notes because at that point in time I had multiple things going through my head besides what Darren was telling me.”
And the St. Louis County Medical Examiner’s office investigator chose not to take measurements at the crime scene.
Perhaps I’ve watched too many police procedurals on TV and on the silver screen, but it sure seems like basic forensics was MIA.
Wilson’s story changed over time
Police chief Tom Jackson asserted several times that Wilson did not associate Brown with the theft of cigarillos.
Yet in his grand jury testimony, Wilson said he “had to stop” Brown because of “the cigarillos in his hands judging by the call we just had as well” (page 14).
In his grand jury testimony, Wilson said that Brown had his hands all over him and hit him at least 10 times with “at least two” solid blows (page 10).
When Wilson went to the hospital (accompanied by two supervisors, not the St. Louise detective who was supposed to be interviewing him), he said he had been “struck twice in the face by a suspect.” The nursing notes continue: patient “denies difficulty moving jaw” and “no obvious deformity noted.”
Looks pretty not-beat-up to me.
But the worst …
… is this from the ABC “exclusive” interview with George Stephanopoulos.
Wilson would’t change a thing if he had a do-over.
On air @ABC w/ Darren Wilson special report. Wilson tells me he feared for life. Would not do anything different. pic.twitter.com/CrCCB2IyrR
— GeorgeStephanopoulos (@GStephanopoulos) November 25, 2014
I’m embedding the promo but I’m begging you not to watch it. Don’t reward ABC or Wilson with your attention.
You can read all 4,799 pages of the Wilson grand jury testimony in one pdf or browse the material at TheGuardian or the New York Times (includes photos used in this story, Wilson’s police car and ER photo).
Sources for chart
Funny, I almost never write about technology anymore. Social justice seems so much more important.
Known for gnawing at complex questions like a terrier with a bone. Digital evangelist, writer, teacher. Transplanted Southerner; teach newbies to ride motorcycles. @kegill (Twitter and Mastodon.social); wiredpen.com