Case: State of Missouri v. Darren Wilson
Transcript of: Grand Jury, Volume XV
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State of Missouri V. Darren Wilson
Grand Jury, Volume XV October 23, 2014
Page 1
VS.
DARREN WILSON
GRAND JURY
October 23, 2014
VOLUME XV
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October 23, 2014
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VS.
DARREN WILSON
The following is a hearing before the Grand
Jury of St. Louis County, at the offices of St.
Louis County Prosecuting Attorney's Office, 100
South Central Avenue, in the City of Clayton, State
of Missouri, on the 23th day of October, 2014,
before
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FOR THE STATE:
Ms. Kathi Alizadeh Ms. Sheila Whirley
Assistant Prosecuting Attorneys for St. Louis
County
100 South Central Avenue, 2nd Floor
Clayton, MO 63105
(314) 615-2600
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2 MS. ALIZADEH: Good morning.
3 (Everyone says good morning.)
4 MS. ALIZADEH: It is Thursday,
5 October 23rd at 9:06 a.m. This is Kathi Alizadeh,
6 Sheila Whirley is also present, all l2 grand jurors
7 are present as well as the court reporter,
8 and we need to take up a few matters before we begin
9 with witnesses today.
10 Um, I would imagine all of you, I mean,
ll most of you, if not all of you, have been aware that
12 there have been media reports out there that seem to
13 indicate that there are leaks in the investigation
14 and that reports have been leaked and testimony has
15 been leaked and so forth.
16 And first off, as I've said from the very
17 beginning, you all have to be guided by what occurs
18 in this room. We all know sometimes the media
19 doesn't get things right, but you know, if you do
20 read those things, you need to make sure you take
2l that with a grain of salt. You all have heard all
22 the evidence together, so you know what you have
23 heard and seen.
24 But I do want to say, and Sheila and I
25 have had a conference, we've had a conference with
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Mr. McCulloch, we've had conferences with a lot of
2 others, with the County Police Department and
3 everything, and I can assure you that we know that
4 the leak, that the leaks are not coming from the
5 grand jury. There is no doubt in our minds that
6 none of you are the source of that.
7 And to tell you the truth, one of the
8 reasons that I know that is the medical examiner's
9 report is out there and I've looked at what's out
10 there, what was leaked by the Post?Dispatch, it was
ll put out there by the Post?Dispatch and I can tell
12 you it is not the copy that you have. It is the
13 medical examiner's report, but every medical
l4 examiner's report that we get has a stamp on it. It
15 says not for secondary release.
16 And the report that is out there that was
17 published by the Post?Dispatch does have that stamp
18 on there, but it is not the same stamp that I have,
19 and I know it is not the same stamp that is on your
20 copy.
2l So it says the same thing, but their's is
22 in a straight line and it is different looking than
23 our stamp, the stamp that we have on our copies.
24 And the same thing with the County Police,
25 it is different than the stamp that they have from
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their copies.
So wherever this came from, it did not
come from our office, it did not come from you guys.
You don't have a copy that looks like that, it did
not come from the County Police.
And the other reason why we're fairly, not
fairly, we're 100 percent confident that this is not
coming from the grand jurors or from the County
Police is that in the very beginning when there was
a supposed leak, this was a story that was broken by
the New York Times, but it was their Washington
Bureau that published the story and they cited their
source as a government official who had been briefed
on the civil rights investigation.
We are sharing our information with the
federal government because they are conducting their
own independent investigation and so they have all
the same reports and the same things that we have.
And so we are confident that the leak is
someone in probably the Department of Justice and is
not coming from St. Louis County Police, not from
our office, and not from this grand jury.
I know you all maybe were concerned about
that, but we are 100 percent confident that we're
all good.
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The other reason being you all don't take
2 your things home with you. We collect your
3 materials before you leave so that being said, I
4 just want everybody to know that we still have
5 complete confidence in the grand jury and the
6 judicial system and we know that you're going to do
7 your duty and you're going to be guided by the
8 evidence that you've heard during your
9 investigation.
10 So that's the first thing. Anything else
ll that we discussed that needs to be said?
12 The other thing that we have talked about
13 at the very beginning of this process we kind of had
14 set a goal for ourselves that we were going to try
15 to complete this by mid November.
16 If you recall that was originally the idea
17 that we could extend the grand jury or that it could
18 be a six month term and that would put you at like
19 mid November. It was then again extended to
20 January, that was done just out of an abundance of
2l caution in case we didn't get done by mid November.
22 We still would like to finish by mid
23 November. I can tell you that the light is at the
24 end of the tunnel so to speak. We have discussed
25 what we have left to put on and I will tell you
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1 there are approximately 15 eyewitnesses or lay
2 witnesses who we believe would have valuable
3 testimony to give. However, I will tell you that I
4 don't know, we are making our best efforts to get
5 everyone in, but I can tell you that you some of
6 these witnesses are resisting.
7 Some of them have frankly said there is no
8 way I'm coming in, no way I'm going to testify.
9 We're trying to get witnesses under subpoena, but if
10 you knock on the door and nobody answers, we have no
11 right to, you know, kick in the door and serve them
12 with a subpoena.
13 We can only do so much. So even though we
14 have potentially 15 lay witnesses that we may still
15 call, I expect we are not going to be able to call
16 all of those witnesses. We are going to do our
17 best.
18 But in the event that we want to wrap this
19 up, if we try our best to wrap this up in mid
20 November, we talked about possibly going to again a
21 three day a week schedule. That would, you know,
22 again, we're trying to get this completed and by all
23 means, there is no deadline so you all don't feel
24 that you have the time, there is no magic date,
25 there is no reason this hasn't to be done on a
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certain date.
With that in mind, if you can talk during
your lunch break today about your November schedule
because we don't have any dates yet for November and
think about including an additional day.
I know you've been very generous to give
us two days a week, and keep in mind as well that
from the very beginning we've said if you all need
to meet in the evening or Saturday or Sunday, even
if it is a half day on Saturday or Sunday, we will
be there, we will do it.
The other thing that we talked about is
that there was a question early on about possibly
getting the police vehicle for you all to see for
yourself, which I've already investigated that and
we can't.
It's been repaired, so it has a window in
it now and I haven't seen it myself whether or not
the demarcation where the bullet hole was, I don't
know if that's still there. But I know that you are
interested in how big the vehicle is, how tall it
is, what it might be like to stand next to it and so
forth.
We can have that done a number of ways.
We can have that done a number of ways. We can
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bring that here and made available for you in the
2 parking garage for you all to get in, examine, get
3 around. However, if we do it here, it would be wise
4 not to do it during business hours, because there's
5 really no place in the parking garage where we can
6 do this where people won't see you up and around a
7 Ferguson Police car.
8 We have construction workers in the
9 parking garage, there are county employees, we have
10 just members of the public that can park in the
ll parking garage.
12 If you would like to see the vehicle here
13 in this location, I would suggest that maybe if we
14 do that on an evening or weekend where nobody will
15 be down here, no construction workers, very few
16 county employees.
17 The other possibility is that we could
18 bring the vehicle to the St. Louis County Police
19 Academy, which is in Wellston, it is maybe a l5
20 minute drive from heretake you out there.
22 They've got a secure garage and you could
23 exit there. If you recall Detective talked
24 about it, they had towed it to their garage which is
25 a secure facility here in Clayton. I can
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investigate whether or not that garage might be
available.
The problem with that is, it contains
other evidence, there might be things in there the
County Police may say, yeah, we can't let these
people in here, we have other evidence in other
cases and it would be compromised, the integrity of
other investigations. So, plus I'm not 100 percent
sure that that garage is even still there.
They're in the process of demolishing
buildings, that might not even be available, but
those are a couple options bringing it here and
seeing it on a weekend or evening or taking a field
trip to the police academy to exit there. So you
guys can talk about that as well.
Sheila has a better recollection than me,
so I have to always ask her did I forget everything.
MS. WHIRLEY: She has the gift of grab.
MS. ALIZADEH: I do. I'm the mouth and
she's the brains. So you all had asked for a
topographical map at some point, I have one that I
will pass out today. Don't know how helpful it is
going to be for you. I looked at it, I don't know.
It is the only one that we can come up with without
actually, you know, I guess hiring a company to go
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out there and do that.
2 And then also you had asked for the floor
3 plans of the apartments in the complex, I've got
4 that as well.
5 Also, there was a question about whether
6 or not we were going to call Dr. the
7 pathologist who was hired by the family of Michael
8 Brown to perform an independent autopsy. It was
9 actually the second autopsy on the remains.
10 There was then later a third autopsy that
ll was done by the Department of Defense medical
l2 examiners, which I expect we'll call one of them to
13 tell you what their findings were.
14 We have contacted the attorney who
15 represents the family of Michael Brown and asked
16 that they contact Dr. and invite him to
17 testify.
18 So we haven't heard back if he's going to
19 be available to do that, or if he's willing to do
20 that, but we're going to make those efforts to try
2l to get him here because I know that there was a
22 question about that.
23 What would I do without Sheila. Now, as I
24 said, we have potentially l5 more eyewitnesses who
25 may be testifying. And it's been our habit and our
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process during this time to play for you every
2 recorded statement that a witness has made.
3 We initially were, our goal and plan was
4 to do that before the witness testified, sometimes
5 that didn't work out, but we've always gotten around
6 to playing it eventually for you.
7 As you know, sometimes these witnesses
8 make two or three recorded statements, sometimes
9 you've got, you know, statements that are in excess
10 of an hour, hour and a half, hour and 40 minutes,
ll two hours.
12 And so our question to you is we can
13 proceed in that manner as we've done in the past or
14 we're wondering if you find it helpful to listen to
15 those statements if those statements are consistent
16 with what the witness testifies to.
17 So if the witness testifies, like if we
18 put a witness on and they testify, and Sheila and I
19 who have listened to these tapes feel that there's
20 really no inconsistency in what they already said.
2l I mean, obviously, any statement there could be, you
22 know, minor inconsistencies, and that will be
23 something that she and I will discuss together about
24 whether we think that there are inconsistencies.
25 And if we feel that there are not, it
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would be possible if you feel that that doesn't help
you to hear this tape statement again, that we then
just forgo playing that taped statement.
Obviously, it takes up a lot of time and I
know it is tiring for you all to sit here and listen
and read transcripts.
So maybe you can discuss that during your
lunch as well. If you think that that would speed through this. I don't
mean speed through it in a way that's not efficient.
I don't want to say we're rushing through anything,
but if you are finding that it is not really that
helpful and you don't need to hear it, then we don't
have to play it.
We have it, we have all of them and, of
course, if at any time you would have some issue
with, you know what, maybe we should hear that
witness'
statement that they made before, at any
time we can play it for you, okay. So that's
something for you to consider. All right.
Is there anything, you know, that anybody
has an issue or question about? You can discuss
this during your lunch and then we'll ask questions
during the lunch break, especially if we are talking
about scheduling issues and things of that nature.
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Don't necessarily need to afford those kind of
things, but let me know after lunch and we have, I
think, two people here right now, and going to have
to give me a second to get somewhat organized.
MS. ALIZADEH: Yes.
Officer Wilson, he only
had one recorded statement? I know we only heard
one, if I'm not mistaken.
MS. ALIZADEH: If I'm not mistaken,
Officer Wilson's statement was not recorded prior to
him testifying. Check your folders to see if you
have a transcript of the testimony of Darren Wilson?
We have one.
There was supposed to have
been one with Detective
MS. WHIRLEY: Detective did one that
wasn't recorded and then there was one that was
recorded, you have a transcript of that?
We have one that is
recorded.
MS. ALIZADEH: My recollection is, we can
certainly go back and look at the transcripts, but
that Sergeant testified about statements that
he made right at the scene when he first got there,
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and none of that was recorded. And then
was the detective who went to the police
station and did a cursory interview and that was not
recorded. And then, you have one?
That must have been done on the 9th at
10:00 in the morning?
August 10th.
The 9th is the
MS. ALIZADEH: 10th, okay.
day of. I knew it was the next morning. All right.
And then there was Agent who came
in and testified that she had interviewed him, but
that their interview was not recorded, I believe.
MS. WHIRLEY: Right.
Ms. ALIZADEH: All right. I forgot about
that.
Again, if there is a need to bring any
witness back that you have already heard from
because now you have additional questions, you just
need to let us know. We put on things in a way that
we think was easier for you to understand the case,
but, you know, just the sake of when we put on a
witness early on in the process and then now later
in the process you might think well, I didn't know
that when I heard from that witness before, so now I
have a couple of additional questions.
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1 So if anyone of you feel the need to have
2 any witness who has testified previously return and
3 answer some questions, we will get them here. And
4 obviously, Officer Wilson, I cannot compel him to
5 appear before you, but he appeared previously and I
6 would reach out to his representatives to invite him
7 back if you felt that you would want to hear from
8 him again.
9 Any other questions?
10 Is there any
ll recorded testimony with Officer Darren Wilson and
12 the FBI or the civil rights investigation?
13 MS. ALIZADEH: My understanding is, no,
14 that they did not record that. If you recall it was
15 the brunette female FBI agent
16 who came in and testified that she was present and
I7 interviewed him that they did not record that.
18 I know, now this is
19 reported in the newspaper or whatever, there was a
20 statement that was supposedly made by him about the
2l first two shots. In our transcripts he didn't think
22 he hit him on the second shot because he saw some
23 dirt fly up. But then it was reported later on that
24 he said he thought he did hit him with the second
25 shot. I just wondered if there was any recorded
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1 evidence of him saying that?
2 MS. ALTZADEH: Not that I'm aware of. And
3 I will tell you that, you know, as you can probably
4 imagine, any news agency is not going to reveal to
5 me who the source of their information is. They
6 have this First Amendment thing, freedom of the
7 press.
8 And so while it might be make sense for
9 me to call them and say, hey, where did you get that
10 because we're interested and if you've heard that
11 from another source, we'd like to hear who told you
12 that, but they're not going to tell me.
13 And that might be something that if you
14 would care to have another witness back to testify
15 to ask that question, but I don't know where that
16 information came from for that particular news
17 article.
18 Two quick
19 things. One, Grand Jury Exhibit Number 2 is the map
20 that we use almost daily. I notice also it still
21 says not to scale. Do you know if you would ever
22 get one to scale or even if it is that much of a
23 difference?
24 MS. ALIZADEH: That's another thing. That
25 brings up something else. There was a question
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1 awhile back about getting a transparency that maybe
2 would have the diagram images that we could lay on
3 top of the map. I did look into that and the
4 problem that I learned with doing that is that map
5 is not to scale and so just because on the map I'm
6 holding my fingers out, if the map says this is
7 137 feet, I'm just making up a number, of course.
8 There might be another place on the map that says
9 this is 150 feet. And the actual measurement was
10 accurately done, but the map might not be to scale,
11 you know, the entrance, the driveway, you know, to
12 some of these parking entrances might not be as wide
13 in real life as it appears on the diagram. The size
14 of the police vehicle is not necessarily on the
15 diagram the exact size of what it is in the street.
16 I would suggest that, you know, I have all
17 of those crime scene photos and if you ever are
18 curious about, you know, the real size of things,
19 you can sift through those photos to see if they can
20 help you determine or answer some of those
21 questions, but I can ask about the possibility of
22 having a diagram to scale.
23 It is my, this is strictly my belief based
24 upon my experience that when the police officers do
25 these diagrams, they use a computer program that, I
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1 don't think they are done freehand, I think they use
2 a computer program to do these diagramsscale would require someone, actually, a
4 draftsman type of person, I think, to actually make
5 sure that the diagram is to scale.
6 So that would probably have to be done by
7 not the police department, we probably would have to
8 look into whether or not there could be some
9 draftsman that could do that, but I mean, I can
10 investigate that as well if you think it would be
11 helpful.
12 But as far as the transparency goes, I'm
13 afraid it might even be misleading if we had a
14 transparency and you laid it on top of the aerial
15 photograph, it might appear that oh, look, this is
16 actually not where it is in the picture because on
17 the transparency it is past the fire hydrant. Well,
18 that just might be because it is not to scale. So I
19 wouldn't want you to rely on something and be misled
20 by that.
21 Yes.
22 Prior to knowing
23 I was on this case, I remember vaguely hearing in
24 the news there was a gentleman on some sort of audio
25 phone that recorded the succession of gunshots and
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didn't know, again, I didn't pay much attention to
it, I kept it in my memory. I didn't know if that
was something even credible or something we will get
to.
MS. ALIZADEH: Yes. That is something
that the police have the custody of that recording
and we will be putting that on for you as well.
And there was a question quite some time
ago about surveillance cameras in the complex and I,
believe me, before you guys even got this
assignment, that was one of the first questions out
of my mouth. Are their surveillance cameras? I was
told no.
Now, before you complete your
investigation, probably the very last witness that I
will call for you to hear from is going to be
Detective because as the primary case agent,
he knows more about this case than any other person.
So there are some things that he's going
to testify about that he did himself and whatnot,
but he would be the person to ask a lot of these
questions to because he was in charge of the
investigation.
What was done, what did you do about this,
did you ever try to get ahold of this person, he can
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answer a lot of those questions with firsthand
knowledge.
Me, all my knowledge about this comes from
other sources because I was not out there
investigating the case. So I don't want to be the
person to actually have you rely on what I'm telling
you, I'm just telling you that it is my
understanding that there were not, but that would be
a question better put to Detective about
that, all right?
Anyone else?
Okay. We have a witness here, the first
witness we are going to call and I'm not organized
this morning.
I know
that had asked sometime ago would it
be possible for us to see where this happened. And
I know we had discussed it before and that probably
wouldn't be in our best interest to go there. I
think somebody had talked
I think it was
About getting pictures of
the distance and things like that?
MS. ALIZADEH: That's one of the things
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we've had that done. I think that Detective
when I put him on last we're going to have him show
you those pictures because he'll be able to point
out for you in the picture this apartment building
right here or this window right here, this balcony
right here, that's where witness so and so was. And
if you see right here, that's where witness so and
so was because he's the one that knows that
information and in very intimate detail.
So we do have pictures that we have the
police and Detective went out with them to
take those pictures to make sure we got the vantage
points. We weren't able to take vantage point
pictures from where the witness was that would
require going into people's apartments and they felt
that that wasn't going to be safe or welcomed.
So the pictures that they took are from
the location of where the vehicle was, the location
of where Michael Brown's body laying in the street
and then the location of the corner near a light
post. And those pictures are done in 360, so you
might be able to see from here can you see that
witness' balcony who says they can see this. That's
the best we can do as far as getting vantage point
pictures.
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I guess I do have a
question. I know that some of these media reports
they're saying that he had marijuana in his system.
And I guess that's another way of knowing it didn't
come from us because we were never told that he had
marijuana in his system.
So is there still like evidence out there
that we haven't heard like that?
MS. ALIZADEH: Yes.
The DNA on the gun?
MS. ALIZADEH: Yes, there's going to be,
you know, our plan was to try to get through the
eyewitnesses and then at the end put on some of the
scientific evidence because frankly those witnesses
are there at my fingertips and are going to come in
whenever I tell them to come in.
And so I just knew that when it came time
to try to wrap things up, we would be able to get
them through in and out fairly quickly. So I do
anticipate that you are going to hear additional
evidence from experts who have tested various
things, all right?
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of lawful age, having been first duly sworn to
testify the truth, the whole truth, and
nothing but the truth in the case aforesaid,
deposes and says in reply to oral
interrogatories, propounded as follows, to?wit:
EXAMINATION
Do you remember the second part of the
oath talks about what happens here, okay?
A Okay. All right.
Have a seat, thank you.
You're sure you
don't want a glass of water.
A No.
Can you introduce yourself to the grand
jurors?
A My name is
And, ma'am, I'm going to stand back here
because the microphone that is up there is not, it
is not going to amplify your voice.
A Okay.
And so you just need to keep your voice up
so that I can hear you back here and then if I can
hear you,
I know that everybody back here can hear
you, okay?
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Page 27
1 A Okay.
2 And, ma'am, back in August of this year,
3 were you living in the Canfield Green Apartment
4 Complex?
5 A Yes.
6 And were you home on Saturday, August 9th?
7 A Yes.
8 Now, and I told you when I talked to you
9 that I was not going to ask you to give your
10 address, but there is a laser pointer that is
11 sitting right in front of you there.
12 A Uh?huh.
13 And if you press this gray button here, it
14 makes a laser pointer. Can you show the grand
15 jurors on the map, which is marked Grand Jury
16 Exhibit Number 25, do you recognize these streets,
17 it says Canfield Drive, and for your reference over
18 here is West Florissant, okay?
19 A Uh?huh.
20 And then over here is the Northwinds
21 Apartments. So that does help orient you to
22 understand the buildings that are shown on the map?
23 A Yes.
24 Can you put the laser pointer on the
25 building that you were living in back in August?
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A (Indicating)
Okay. This building right here?
(indicating)
A Yes.
And can you, now, we've heard testimony
already how these buildings are, that there's three
floors to every building, correct?
A Yes.
What floor were you living on?
A Third.
So that's the top floor?
A Right.
And so this particular building has
entrances for units that would be, actually those
units would face the west if this is west. And then
there's also some entrances to the building that
face the east. Was your apartment facing the west
or facing the east?
A I'm kind of confused because the building
sits like this and I can see out and see Canfield
Court.
Okay. Do you know your apartment number
back then?
A Yeah.
Does it help you to look up here? Can you
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Page 29
see the number?
2 A Yeah.
3 And so I'm going to point, I'm not going
4 to say it out loud, but is that your apartment
5 number?
6 A Uh?huh.
7 This one right here? (indicating)
8 A Yes.
9 So you're, this little out jet right here,
10 that's like a little covered stairwell, staircase;
ll is that right? You take some exterior steps up to
12 the third floor; is that right? Is that how you get
13 in your apartment?
14 A Right.
15 So the front door of your apartment is
16 actually right there where that stairwell is,
17 correct?
18 A Right.
19 And so you have a window, you have a
20 sliding glass door that's on the front of your
2l apartment?
22 A Yes.
23 And then there's a window that's also on
24 the front?
25 A Yes.
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Page 30
1 And is there also a window that would be
2 around the corner?
3 A No.
4 No, okay. So you have a sliding glass
5 door and a window, is that like a bedroom window?
6 A Ri .
7 Okay. So when you are looking out of the
8 front of your apartment, can you see down to
9 Canfield Drive?
10 A Yes.
11 All right. So do you recall on the
12 morning of August 9th, was there anything special
13 about that day, that morning that you recall oh, it
14 was, I remember it because it was, had these plans
15 to do something or was it an ordinary day?
16 A It was an ordinary day. 1 was just kind
17 of looking out the window.
18 And do you recall that this was a
19 Saturday?
20 A Yes.
21 Sunny day?
22 A Yes.
23 And does your apartment, did your
24 apartment back then have air conditioning?
25 A Yes.
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And this was August 9th, and I know that
it got warmer in the day, but do you recall if you
had your windows opened or closed?
A Closed.
Do you normally run the air conditioning
in the month of August?
A Yes.
Okay. And so you said that you were
looking out the window, was there a reason you
looked out the window? Was there anything that drew
your attention outside or were you just happening to
be working out the window?
A I just happen to be looking out.
All right.
And then once you were looking
out, did you see something unusual?
A Not unusual at first.
Why don't you describe what you saw?
A Um, these two boys or two guys walking
down the street. They were kind of out in the
street, but not all the way out. They weren't quite
to the yellow line.
Then I kind of stepped back a little
bit. Then for some reason I looked again and I saw
the police car pull up, and he said something to the
said something back because
boys. They, obviously,
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you could see the motion of their hands, but I
couldn't hear anything because my window was closed.
Then the boys kind of went on, walked
on and then he backed up, the cop backed up, the
policeman backed up.
Then, I guess, I'm not sure what else
happened after that, but I could see the one boy,
the shorter one, he kind of stepped a little bit
past the window of the police car. It was actually
an SUV, it wasn't just a regular car, but the bigger
guy was standing at the window, near the window of
the car. And I could see the top of his head and I
could see their hands moving. And so it seemed like
they were kind of, I guess, tussling through the
window of the car.
Then the boy, the guy broke loose and
began to go down the street and that's when the
policeman got out of the car. Then he proceeded,
the boy was ahead of him and that's all I could see.
Okay.
A Because they were past, they were past my
building. See, like my building is here, well, I
couldn't see, I could only see the police car and
him going so far. I could not see after it passed.
They I said, um, in a few seconds I heard a shot. I
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don't know whether it was three or four because I
really did not necessarily count them, but I knew it
was more than two.
Oh, my God. I don't guess, you
know, they were shooting. This had anything to do
with it and I just went on back and started to put
my clothes on.
By that time the crowd of people had
started, people had started to come, not a lot of
them but, you know, I knew something had happened.
So by the time I got out, it was all over. The boy
was in the street and the police was beginning to
put some cones out.
Okay.
So let's, you know, we're going to
need to go back. We're going to go through step by
step and ask some more detailed questions, okay?
A That's fine.
So when you say you were looking out the
window.
A Uh?huh.
First off, was anybody home with you at
that time?
A No, I was there by myself.
And so when you said you happen to look
out the window, was it the sliding glass door or was
it a bedroom window?
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October 23, 2014
window,
was just,
look out to see what's going onbedroom window.
Are there any window coverings on that
blinds, shades?
Blinds.
Are they horizontal blinds?
Yes.
And were they,
NO,
you know, looking out.
So did you have to move the blinds in
order for you to see out the window?
being up high,
you're on the third floor of this building,
a little rise,
somewhat,
this,
walk up to your building,
all?
A
A
A
NO.
Okay.
Because they were high enough and by me
I can see on the street,
And so,
a small hill?
The street?
Does the ground,
like if you are driving up here and if you
were the blinds down?
I had it pulled up so high because I
Sometimes I just
you know.
and that's a good point.
is this a little bit on a hill
You mean my building?
is there any elevation to
are you walking uphill at
Page 34
so.
When
is there
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bedroom window,
you were seeing the police car?
A Right.
Okay. And so when you look down you said
you first saw two boys walking in the street?
A Right.
Did you know either boy?
A No.
Hadn't seen them before?
A No.
What about them do you recall. Can you
tell me anything about them?
A One was short, he had dreads, he was
darker skin. The other one was a big guy, over
6 feet.
basically.
only thing big guy and that
he was a lighter skin than the smaller one and that
the smaller one had dreads.
that I wasn't that close,
You know,
Page 35
NO.
Okay. So it is pretty level at this
Uh?huh.
And from the third floor,
from your
you could see down to the area that
he was just a big guy that's
I couldn't say whether he was the
Because of the fact
I couldn't give you
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Page 36
details of what they look like.
Okay.
You refer to them as boys. I want
to ask you if you have an opinion as to how old they
were?
A Well, I knew they were all under 25.
Okay.
A One of them seemed like he might have been
close to l8, 19 years old, the bigger one. He was a
big guy, he didn't really look that old. The other
one he looked, I don't know, maybe he could have
been just a year or so older than the other one. As
far as the size and the way they were dressed, and
what have you.
Did you, at this point now do you recall
any time when you have seen either of them in the
apartment complex before that day?
A Not to my knowledge I haven't seen them.
And so how about how they were dressed or
what they were wearing, do you have any memory of
what either one of them had on?
A Not specific. I really didn't pay that
much attention to it. All I know is that they were,
let's see, I really didn't pay that much attention
to them. Just had normal clothes on.
Okay.
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Page 37
A I wasn't specifically looking for
anything.
Sure.
A As far as they were concerned they were
just people walking down, two guys walking down the
street.
And was that unusual that there would be
two older teenagers walking down the street?
A No, no. It's an apartment complex and
there is apartments on each side. There are
families, there are a lot of youngsters living in
the apartment complex at this point. When I first
moved in, there wasn't quite as many males, younger
males in the apartment.
So you see them all day. You just
see them when I'm home, you know.
Hanging out, walking around?
A Hanging out, they're walking around, what
is it, they are interacting with each other.
Sometimes they have cars parked, they are sitting on
cars. I don't really pay a whole lot of attention.
Sure.
A It is just that particular morning, which
I do every morning, I just look out. It is really
more of a safety thing. If I'm going to leave out
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Page 38
1 of my house, out of my apartment, I want to know
2 what is surrounding me.
3 Okay.
4 A So I don't really always look at features
5 and clothing they have on, this kind of thing. I
6 know this little guy with the dreads, he was so much
7 shorter than the bigger guy.
8 Okay. And when you saw them, can you use
9 that laser pointer and show me where on the map here
10 the boys were when you first saw them. Were they on
11 Canfield Drive?
12 A Yes.
13 Can you use that and show me where you
14 first saw them?
15 A They were on this, let me see. They were
16 kind of, this map is really confusing me because
17 they were on this side of the street.
18 Okay. I don't know if that's, that might
19 be pointing up to high?
20 A I'm just saying they were on this side of
21 the street.
22 So on
23 A They were on this side of the street.
24 On the south side of the street?
25 A They were on this side of the street. My
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1 apartment, wait a minute, I'm getting confused. My
2 apartment is over there.
3 Uh?huh. Over here? (indicating)
4 A Yeah, they were on this side of the
5 Over here? (indicating)
6 A That's too far over. You have Canfield
7 Drive and Coppercreek and all of this over there.
8 They were on the opposite side of the street from my
9 apartment.
10 Okay.
11 A There is a fire hydrant on my side of the
12 street. They were like the fire hydrant was right
13 here and they were kind of just a little bit, I'm
14 trying to think now. They were a little bit, not
15 quite even with the fire hydrant.
16 But the opposite side of the street?
17 A Okay. So that is kind of confusing me
18 because I'm looking at it from my side.
19 Sure, yeah. This is an aerial view.
20 A They were on the opposite side of my
21 apartment.
22 Okay.
23 A Which means that when they were coming,
24 they were coming like walking kind of like, not
25 straight, they were kind of walking at an angle and
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Page 40
they were like not all the way in the middle of the
2 street, but they were still in the street.
3 Okay.
4 A And when the policeman pulled up to them,
5 it kind of like blocked my view of what was going on
6 because of the size of the vehicle that the cop was
7 in.
8 Okay. Let's back up then.
9 A Uh?huh.
10 So the boys were walking on Canfield?
ll A Right.
12 Were they walking in that direction toward
13 Northwinds or were they walking towards
14 A No, they were walking toward Northwinds.
15 The policeman was going toward West Florissant.
16 Okay. So the policeman's vehicle is
17 moving toward them and they are walking to the
18 police vehicle. They're facing each other, the
19 vehicle and the boys as the boys are walking?
20 A Yes, the police were going this way and
2l the boys were running this way.
22 Could you tell this was a police vehicle?
23 A Sure, it had the emblems and everything on
24 it.
25 Okay. Had how about the lights, you know,
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Page 41
1 police cars have the red lights?
2 A He didn't have any lights on.
3 All right.
4 A It seems likes he was coming from
5 Northwinds from that way, that is the way he was
6 coming.
7 He had no signal light on and then he
8 just stopped. He didn't stop all the way because he
9 still had, his car was still running, he just had,
10 like you just know how you pull up to somebody and
11 you switch to put on your brake and he was talking
12 to them.
13 Okay. So you observed the vehicle come up
14 to the boys and you said it looked like they're
15 talking. You could see their hands moving and
16 stuff?
17 A Yeah, that's all I could see was movement.
18 I knew that there was some kind of verbal
19 conversation going on between the three people.
20 So the car is between you and the boys,
21 correct?
22 A Right.
23 And so does that mean that the boys would
24 have been on the driver's side of the vehicle?
25 A Yes.
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It looked like they were near the driver's
door?
A At that time the first beginning of it
they were kind of a little ways away from him
because he was talking to them through the window.
Okay. And so about how long do you think
this part of it last?
A A_couple of seconds, not really long.
Could you see the officer inside the
vehicle?
A I could see him inside the vehicle, but,
you know, just the shadow of him because, you know,
his window on my side was up, so I could only see
the shadow of him.
So could you tell if he was white or
black, or male or female, or anything about the
officer?
A You mean when he was in the car?
Yeah.
A Not really.
What about, could you tell if there was
anyone else inside the vehicle?
A There was only one person.
All right. And so you said that this part
of it where they appear to be talking to each other
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last just a couple of seconds and so what happens
next?
A The boys walked away.
Okay. And then at this point are the boys
just still walking casually or they running?
A They still in the street, they still just
walking casually.
They're not running?
A No.
Okay. So then what happens?
A The cop backs up, he backs up a just a
little bit and stops and gets out. He backs up to
catch up with them.
Okay.
A He catches up with them, by then the boys,
the little one, he's kind of away from, he was not
at the window, he's kind of walking away. The
bigger guy was having some kind of interaction with
the cop.
Okay. I think you described, initially
you described that you could see their hands going
back and forth?
A Yeah, it was like. It was like, if I'm
talking to you in the car and we're having a
discussion and something happens and you're like
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wrestling with each other, not wrestling, you know,
the hands are going, you can see the hands going.
Okay.
A I could not see what was actually
happening, all I could see was the moves.
Was the police vehicle moving?
A No, the vehicle was stopped.
Was it rocking or anything like that?
A No, it didn't look like it was rocking to
me.
And just from your, just from what you
could see, could you tell or did you have an
impression as to might have initiated the physical
part of it, could you tell? Could you see the
officer reach his hand out of the vehicle to grab
the boy or you saw the boy stick his hand in the
vehicle first, could you tell who started it?
A No.
Okay. And so could you tell whether any
punches were exchanged?
A Not from where I could see because, I
never saw anything other than the top of the kid's
head and the fact that they were tussling with each
other. I never seen him bend or I never seen any
movement where there was punching or anything. All
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Page 45
I could see was like they were wrestling through the
2 window.
3 I want you to think and if you need to
4 close your eyes and picture it in your head, did you
5 ever see the boy that's wrestling at the officer's
6 vehicle with the officer, did you ever see, you can
7 see his head, he's taller than the car then, right?
8 A Yes.
9 Did you ever see his head disappear?
10 A No.
II All right. And you couldn't see what was
12 going on inside of the car?
13 A No.
14 All right. And then how long did that
15 wrestling part last?
16 A I don't know, maybe, not long, it wasn't a
17 long confrontation. Maybe about ten seconds or
18 something, I'm not sure, that's just a guess.
19 And then what happened next?
20 A The boy broke away and started to leave.
2l Okay. Now, at this point had you heard
22 any gunshots?
23 A No.
24 So when you say the boy broke away, you
25 mean the taller, bigger boy?
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A Yeah.
2 And I know you said that the smaller boy
3 kind of was not right at the driver's window, but
4 was kind of off to the side?
5 A Well, he was out of my sight.
6 Okay.
7 A I don't know where he wentsight, which means he could have just went
9 further down the street and would have been out of
10 my view.
ll Okay. So you don't know what happened to
12 him?
13 A What happened to the other boy?
l4 Right.
15 A No. All I know is he's walking away.
16 And at this point did you notice any other
17 cars that were on Canfield Drive?
18 A I didn't see any other cars.
19 And so you say that the boy broke away and
20 then what happened, what did he do?
2l A He just walked away and he walked out of
22 my view.
23 When he broke awayboy and this is the police vehicle. And, obviously,
25 they were close enough that they were touching each
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1 other at the point where they were wrestling?
2 A At the window, yeah.
3 Okay. So when you said the boy broke
4 away, did he step backwards or did he turn back from
5 the vehicle and walk away that?
7 A Um, all I saw was whatever they were
8 engaged in, obviously, must have been over or
9 somebody was able to get their hand off of each
10 other and the boy walked away.
11 Okay.
12 A He kind of walked away not real slow, but
13 not real fast.
14 Okay.
15 A And that's when the policeman got out of
16 the car.
17 Okay. So now at this point, when you say
18 the boy broke away and started walking not real
19 fast, but not slow, which direction was he going?
20 A Toward what is the name of those
21 apartments?
22 Northwinds.
23 A Northwinds.
24 Okay.
25 A He just proceeded in the direction he was
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going before the incident with the policeman.
officer get out of the patrol car?
A
at that point enough to tell woman,
IO lO
policeman's uniform?
A
gun?
A
A
vehicle immediately after the bigger boy started to
walk away or was there any because before he was out
of the vehicle?
A
white or black?
Page 48
Okay. So at this point you see the
Uh?huh.
Or the patrol vehicle. Could you see him
Yeah.
Was it a man?
Yes.
White or black?
White.
Could you tell if he's wearing a
Yes.
At this point could you see that he had a
I don't remember.
Okay.
Seeing him with a gun, I'm not sure.
Did the police officer get out of his
It took him, he had to like open the door
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October 23, 2014
owe-I,Page 49
and get out.
Okay.
A So I'm saying whatever time it took him to
get, because if you are sitting in a vehicle you
have to step out, get out, and he come out kind of
almost at a run. He come out kind of fast.
And at the time that the officer came out
of the vehicle, did he then move in the direction
that you saw the boy moving in?
A Uh?huh, that same direction.
At the time that officer got out of the
vehicle and you said started, you said kind of
started to go kind of fast, kind of run?
A Uh?huh.
Could you still see the big boy?
A No.
When the officer began running in that
direction on Canfield, could you see if he had a
gun?
A I could see his left side and I don't
know, I'm not sure if he had anything, but he held
his hand like he had something in his hand and I
could not see it.
You are motioning with your right hand.
So did it appear to you that he might of had
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something?
A He might have had somethingyou get out you have something in
your hand, you carry in your hand a little bit
differently, so I don't really see it then.
Okay. Did the police officer then move
quickly or return out of your sight?
A Out of my sight.
And then how long after you lost sight of
police officer did you hear some gunshots?
A A couple seconds.
You said it was more than two, could have
been four?
A It could have been. It was kind of
shocking to hear it because it was such a minor,
thought minor thing that I saw before the gunshots.
Okay.
A And so I know I heard pow, pow, pow, and
then I just said, you know, how you say it, I don't
believe this, can't be a shooting back here.
So at this point everything that you see
at this point are you still looking out the same
window?
A No, I left the window.
From the time you first looked out the
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window and you saw the officer and the bag boy out
of your the window?
A I moved away from the window.
When did you move away from the window?
A After the policeman went down and when I
heard the shot.
Okay. But before then had you been at the
window the whole time, from the time when you first
saw the boys talking to the time you moved away, or
did you like step away and get your cell phone and
then come back to the window?
A No.
You were at the window the whole time that
you said you were watching this. Do you understand
my question?
A Yeah, I understand your question. What
I'm trying to say was, when I saw the boys, I kind
of backed away from the window a little. When I
kind of just look back, I didn't really go back, I
kind of look back and that's when I saw the police
car. That's the only time I'm at the window until
the cop moved.
Okay. And now you said after you heard
the shots, you didn't see the shooting, you said you
got dressed?
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A Yeah. I just had on some shorts and
things in the house, so I couldn't go out like that.
I just put on my pants and went out.
You went outside?
A Yes. I'm hearing the shots and then I'm
seeing people, you kind of could hear too, you know.
I heard the shots and then I said, I saw people, you
could hear people by then, people were kind of
screaming.
So I could hear them through the
window. So that's when I put my clothes on to go
out.
Okay. So other than the shots, you
couldn't hear anything that was going on between the
boys and the officer?
A No.
You didn't hear anybody yelling or say
anything that maybe you couldn't make out?
A No.
And so when you left your apartment, did
you go down to Canfield Drive, did you see the boys?
A I had just come out of my apartment, still
in the apartment lot. I had never left the parking
lot where I could see. I wasn't going to get too
close to that, so I stayed back.
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Could you see someone lying in the street?
A Yeah.
And did it look like the same big boy that
you had seen?
A Same one.
Could you tell?
I could tell.
A Yeah, It was the same one.
Okay. Did you, when you got down there.
Already officers at the scene down there or the
police hadn't gotten there yet?
A That's kind of questionable. I saw this
one white cop, blond hair, he looked like the same
one that was in the confrontation. He was putting
out some cones, put some cones down to make sure
that traffic gets,
you know, doesn't get through
there. And then after that I saw another policeman
coming.
Okay. Was it in a police car?
A Yes.
Did he come from the direction of West
Florissant or from the northbound direction?
A Uh, looked like to me the car was, I'm not
sure. I didn't really pay a whole lot of attention
to thatthem standing on
the side, the one was like here, my apartment was
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over here and they was on the other side of the
street because they were further down. From further
down from where was.
Okay. How long did you stay out in that
area in the parking lot area that day?
A About an hour or so.
Could you hear people talking, people that
gathered, people were coming out of their
apartments, right?
A Coming out of their apartments. There was
too many for them. After a while they were coming
from other apartments on the other side.
Did it appear to you that the people that
were beginning to gather, were they becoming angry
or agitated?
A They were more, more like in shock. You
just don't see a body laying in the street every
day, you know. There were some people there that I
think must have been family members that were real
upset. I didn't see anybody who was actually
violent.
Did anyone that was out there ask you if
you had seen anything?
A No.
Did you hear anybody saying anything about
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don't talk to the police?
A
officer knocked on your door?
A
officer?
A
A
A
Saturday?
A
my door.
lO 10
Found out my daughter called him to let him know. I
told him I saw that,
involved in it.
Page 55
NO.
Was it later that day that a police
NO.
Where is it that you saw the police
Never.
No one ever knocked on your door?
NO.
Anybody leave a card for you?
Later on, much later on.
And would that have been like the next
I saw them, but they never put a card on
But you talked to the
No.
You didn't talk to the
NO.
Who did you talk to?
I have a son who is in law enforcement.
but I really didn't want to be
And we went downtown to see and
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talk to the FBI. The never came to my house, ma'am.
2 The police nor the County Cops, Ferguson Police
3 never asked me any questions.
4 Okay. So you did talk to the FBI and talk
5 to them about what you saw?
6 A Yes.
7 Was there any other law enforcement
8 officers that you talked about what you saw?
9 A No.
10 Any other people besides that came and
ll talk to you about what you saw?
12 A No.
13 Do you know any Ferguson police officers?
14 A No.
15 Do you know any members of Michael Brown,
16 you know, Michael Brown was the boy that was killed?
17 A Right.
18 Do you know any members of his family?
19 A No.
20 Anybody in his family or representing his
2l family, ever try to come and talk to you?
22 A No.
23 Is there anything else, let me ask you,
24 ma'am. You are wearing glasses today?
25 A Uh?huh.
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read.
distance without your glasses?
A
if you had your glasses on?
A
A
A
problems with your hearing?
A
asked you so far that you think is important for the
grand jurors to know about what you saw that day or
what happened after that?
A
kind of living in fear.
stay where I am because it wasn't a good place to
Page 57
Do you need those glasses to see?
No, ma'am.
I'm not going to test you.
The only thing these are for is for me to
Yeah, I got the same so. So you can see
Without my glasses.
And what about that day, do you remember
NO.
You don't remember or you didn't?
I didn't have it on.
You didn't?
No.
How about your hearing, do you have any
No.
Is there anything that maybe I haven't
Not really, except for the fact that I'm
I don't know whether to
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stay. It wasn't the best in the first place, but
now it's like you get all kind of elements, people
are always there, it is just bad.
Have you, do you think that people in that
area know that you've seen this, do you talk to your
neighbors about it?
A No, and the reason for that was that's the
only reason why I agreed to make a statement was,
and thatsaid
it was the safest way. He didn't want to put me in
harms way was for me to go to the FBI rather than, I
told him I wasn't going to talk to Ferguson.
And why is that? Did you have any prior
experiences with the Ferguson Police Department that
would make you feel that way?
A No, but I seen things.
Okay.
A And, um.
You've seen things that make you leery of
talking to Ferguson?
A Yes.
And is that, let me ask you this. The
thing that you saw, do you know if it had to do with
that same police officer?
A I really did not know the police officer
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that was involved in the shooting. I have to kind
2 of give you a background on me. I don't have a lot
3 of interaction with policemen.
4 I think I've gotten a ticket twice
5 and they were completely out of my area. Anything
6 else, I just don't get involved with them. I do
7 what I'm supposed to do, try to follow what I'm
8 supposed to do. I work, I work most of the time,
9 I'm gone five days a week, most of the time working.
10 And when I'm home, when I'm there in that apartment,
II I stay in my apartment, I mind my own business.
12 I know of maybe one or two of the
13 neighbors that's in the apartments. I speak to them
14 and I keep goingapartment, I see the
16 police coming down the streets. I have a problem
17 with them doing 50, 60 miles an hour coming down the
18 complex where you've got children and people walking
19 all the time and it is five, six, seven, eight cops
20 and they're all speeding down the street. Less than
2l five minutes later you see them coming back. You
22 see them, they all pull up into the parking lot and
23 there will be, oh, I don't know in these funny
24 looking suits and playing cards.
25 They surround the parking lot to go
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in, and they go into some apartment, and I don't
know which one, and then they come back out. I
mean, it is just a lot of things that go on.
Frankly, I'm really not use to this.
This is my first experience with an apartment. I've
always lived in a house and never lived in an
apartment before.
And the things that go on, you know,
make me kind of leery of the police because they,
when they come in, if you come to go get in your
car, get back in your apartment, get back in your
apartment. When there is really nothing going on.
If you got a warrant for somebody to
go in or something,
you know, it is for you to talk
to people. The little bit that I did do interaction
that I did see with them, the tone, the way they
talk to you, the way they approach you.
I had a couple of them knock on my
door because they was looking for somebody. You
knock on my door and you want me to give some
information, there is certain way you talk to me.
I'm not violating anybody.
You feel that the police officers
A Sometimes I think they're bullies.
And disrespectful?
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A Disrespectful, very disrespectful.
And so I understand, is that some of the
reasons why you didn't feel comfortable talking to
Ferguson. Is it Ferguson Police Department that you
have that feeling about or is it all police
officers?
A Not all, Ferguson.
And, again, just to clarify, did you ever
witness the officer involved in the shooting?
A No.
Ever see him behave in that manner?
A No, I never saw him. To know him, I never
seen him.
MS. ALIZADEH: I don't have any questions.
Sheila?
MS. WHIRLEY: Yeah, hi.
A Hi.
(By Ms. Whirley) When you were interviewed
by the FBI, that would have been August the 12th, a
couple days after this occurred; is that right?
A Right.
A few days,
I guess. When you talked with
them, I've read your statement, it indicates that
you thought, it appeared to you that Michael Brown
was trying to get away from the officer when you saw
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what was going on in the car. Do you still have
that opinion?
A Yeah, they were, I mean, they were just
like, you know, I mean, it is like tussling with
each other. And he was like, I guess, he was trying
to get away and he finally was able to break away
and that's when he walked away.
Okay. It appeared to you that the police
officer was actually holding onto Brown as he was
trying to get away?
A Yeah, he was holding, I mean, they was
tussling. They were just tussling. And it was like
one was trying to hold the other, you know what I'm
saying?
I do. And at the time that you were
talking to the FBI, you thought it was the officer
that was trying to hold onto Brown?
A Yes.
And Brown was trying to get away, that's
what it appeared to you?
A Uh?huh.
When you saw the officer, once Brown did
get away, you said he was kind of, the first you
said running, but more walking fast?
A Walking fast.
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Okay.
A He was a big guy and when he broke loose,
he just like went at a fast pace, but not in a total
run.
I understand. And he was going in the
opposite direction of the officer?
A Right. Same direction he was going when
the policeman approached him.
Approached him, okay. And then you saw
the officer get out of the car and I think in your
statement you said it appeared that he was running
after Brown and his gun was drawn, does that sound
familiar that his gun was drawn?
A I'm trying to mentally see.
Sure, that's what we want you to do.
A Because it has been a while. I don't
really want to deal with it.
I understand.
A When he got out of the car, he jumped out,
I could see him when he was getting out of the car,
okay. When he got out of the car, wherever his gun
was, he must of had to reach for it because when he
got out, I could see his hand on this side and then
when he got so far, I could see the beginning of the
gun, like he had something in his hand.
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Okay. And it looked like a gun?
A Yeah.
In his right hand?
A Yeah.
You are motioning with your right hand.
A Yeah, with his right hand because it was
all on that side. That is why nothing is really
totally just say clear because he was on the
opposite side of me and I'm looking at him from this
side.
Okay.
A From this side.
From the passenger side?
A Yeah, because he was on the passenger side
of the car.
Who is on the passenger side of the car?
A The cop when he got out, he got out of the
passenger side of the car.
Okay. He didn't get out of the driver's
door?
A I mean, I'm sorry, the driver's side of
the car. I'm saying on the passenger side of the
car.
So your window is facing the passenger
side of the car?
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A Passenger side of the car and he's on the
driver's side.
Driver's side?
A That's what I meant to say.
Okay. But you could see the tussle from
where you were looking?
A I can see movement.
Okay.
A That's why I say it is not clear to me who
was doing what.
OkayMichael
Brown's head and then I can see figures or
Can you see their hands?
A You can, yeah, because I can see them
tussling through the car, it is like movement.
Okay. Can you see
A You can see Michael's arms and things up
here and you can see him moving.
Did you ever see Michael Brown's hands go
for the officer's weapon?
A All the way inside the car?
Yes.
A No, I didn't see that. I'm not saying it
didn't happen, but I did not see that.
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Okay. And the other guy that was with him
who has identified as Dorian Johnson, where did you
see him once Michael Brown walked fast away from the
car?
A I didn't see him.
You didn't see him any more?
A Huh?uh. He had already went past my View.
Before Michael Brown left?
A Before he broke loose.
Before he broke loose, okay. Did you hear
any shots while the tussling was going on?
A No.
So at what point did you hear, I think you
heard two shots; is that right?
A I say I counted two and then after that I
just didn't count any more.
Okay. At what point did you count two
shots, what was going on when you counted hearing
two shots?
A I started hearing two shots, the policeman
had already gotten out of my View and next thing I
heard was shot.
Okay. So Michael Brown was walking fast
away from the officer?
A Uh?huh.
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The officer get out with his gun drawn and
was following him, is that when you heard two shots?
A Right, I heard the shots after that.
Okay. And then after that did you hear
some additional shots? Like was there a pause
between the first shot you heard and then more shots
were fired?
A I'm trying to think if it was a pause. It
was a very little pause between the shots that I
heard.
Okay. You heard a certain amount of
shots, a very little pause and then some more shots?
A Uh?huh.
And then I think I read that you heard
someone yelling after you heard the last shots?
A Yeah, there was somebody yelling, but I
don't know who it was.
Okay. I think you just said you couldn't
make out
A I heard some yelling and then I guess
that's when whoever heard the shots that was Closer
to him must have started to come out of their
apartments.
But you didn't see any of that?
A I didn't see anything, but I could hear.
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By then you could hear some sounds from people
hollering because then it was over with.
Okay.
A So you hear the aftereffect of people
realizing something has happened they are coming out
screaming and hollering, and there was a lot of
screaming and hollering.
How did you know that it was over with,
like what happened to let you know it was over with?
A You didn't hear any more shots.
Okay. So when you heard those last shots,
then you heard someone yelling?
A Uh?huh.
And no more shots?
A No more shots.
No more shots, okay. When you got dressed
and went back out or went out, where did you go when
you went out. Did you go like on your porch, did
you go down to the street, where did you go?
A I come down into the parking lot.
Can you show us here on the map if it is
visible or if you can figure out where you were?
A There's a parking lot, see this parking
lot here?
Use the laser pen.
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A This really confuses me.
And if you can't do it, it's okay.
A When you come out of my apartment, there's
a parking lot and a parking lot there and there's a
parking on the side, which is like they got there
looks like that's the parking on the side, but there
is also parking in between.
Okay.
A I just come down and walked out of my
apartment and walked over toward.
Canfield Drive, this is Canfield Drive.
A But I didn't leave the parking lot, I
stayed back on the parking lot because they were
already, by the time I got down they were putting
out cones.
Okay.
A So I just stayed back. I was able to see
even with me standing backthe street. All I had to do was walk so far and
then I could see down the street.
Okay. So they were putting cones out by
the time you came?
A Uh?huh.
So you saw other police officers and
police cars by the time you came downstairs?
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1 A Well, when I first came downstairs I only
2 saw one policeman and then another one showed up and
3 then another one showed up.
4 Shortly thereafter?
5 A Uh?huh.
6 But at the time of the altercation, the
7 shooting occurred, you only saw one officer?
8 A I saw only one police car.
9 One police car. Were the people, you said
10 they started coming out, when you came out when they
11 were putting out cones, is that when you saw a lot
12 more people coming out?
13 A People started coming out. Boy's laying
14 here, on the side I am, you could see them flowing
15 from back here. And then they started from that
16 side, and then all of the sudden they were coming
17 out, because see, there is apartments back there.
18 So they were coming out, they were coming around
19 into where, where my apartment is into that parking
20 lot.
21 And then there wasn't, I'm trying to
22 think how long after all this happened that I saw
23 his mother come out. She was easy to recognize, she
24 had the blond hair.
25 Did you know his mother?
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A No.
Never met her before?
A I heard, the people were saying she kept
hollering, my baby, my baby, you know she was the
mother.
Right.
A And they were trying to hold her. There
was just a lot of people, a lot of people and a lot
of screaming.
Can you show us on the map where you saw
his body fall? You didn't see it fall, but where it
was when you came out? If you can. Can you tell on
this map where his body rested, Michael Brown's
body?
A It is kind of hard for me to say because.
Can you hit that little button. If you
cannot
A Canfield Drive, why is Canfield Drive up
there. Copperfield, should be, I thought that
was
Coppercreek?
A I thought that was on the other side of
where I am, but anyway, he was like my apartment
is right there, I'm right here, he was down from me
somewhere in here. (indicating)
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Okay, all right.
A Cause see right here, right here on this
end is the dividing line where my View gets, but not
there, but you know what I'm saying?
I do.
A As you come out of my apartment you come
there, right there, I can't see after that.
Okay.
A That's the end of, like the apartment ends
there and then I can't see any more from there. I
have to come out of my apartment and come to the end
of the parking lot and look down the street.
One thing you mentioned that it was such a
minor incident to end up, I think, in somebody being
dead?
A Right, it was.
Tell me what you mean by that?
A Here is two guys walking down the street.
They're in the street. The policeman pulls up and
says something to them. They say something back,
they start to walk away. Then the police backs up
and then there is a confrontation between him and
one of the guys. Then the next thing you hear is
shots.
I mean, it was such a small incident
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1 if they were in the streets, he didn't want them in
2 the streets and he told them get on the sidewalk.
3 That should have been it.
4 And if they didn't obey and get on the
5 sidewalk, then what are your thoughts?
6 A What are my thoughts?
7 Yes.
8 A I don't think he should have died from it,
9 he could have arrested him.
10 Okay.
11 A Jaywalking, and that's basically what it
12 was if that's what it was. It just seemed to me it
13 was just such a, 1 mean, that's just my point of
14 View that it was such a minor incident, the boys
15 didn't have a gun, there was no big deal on just
16 jaywalking and just to me it seems a waste of life
17 to me, that's just me.
18 MS. WHIRLEY: Okay. Questions?
19 MS. ALIZADEH: I just want to clarify some
20 things.
21 (By Ms. Alizadeh) Ma'am, I totally
22 understand and agree that as we sit here now some
23 several weeks later and we have learned a lot about
24 what happened that day, it does seem like a waste,
25 it seems terrible that this happened. A couple of
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questions I have for you though is that when you
were looking out your window, you said you could see
the hands going back and forth?
A Right.
Do you remember telling the FBI agents
that you could see Michael Brown's hands in the
police vehicle?
A In the window of the vehicle.
Right. Inside the vehicle, past the
window. If the window were up, the hands were
inside, correct?
A Yeah, if they're wrestling, there's
confrontation, I'm in your window, my hands are in
your window.
Okay. From your vantage point, because
when Sheila asked you if you could see Michael Brown
going for or trying to grab the officer's gun and
you said no.
A I didn't see that.
So what I want to clarify is, are you
saying that didn't happen because you could see what
was happening, or are you saying, you know, I can't
tell what was going on in the car so I didndon't know what happened?
A That's what I'm trying to tell you. All I
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could see was their hands going back and forth.
Okay.
A I never saw anybody reaching for a gun or
reaching into the car to try to get his gun. In
that case from what I could seereached into the car, he would of had to have been
in some kind of way, no way he could have stood up
straight and reach in the car without me seeing it.
Okay.
A And all I ever saw was the top of his head
and them wrestling through the thing. I never saw
him bend to reach in the car, I never saw the
policeman reaching in his gun holster to get his
gun, all I saw was them wrestling at the thing.
Okay.
A Now, but that don't mean that I didn't,
there's something I could have missed something, but
I did not see anything beyond that.
Okay. When you first saw the boys, and
you just said today you really don't recall what
they were wearing in particular. You could see
their hands when they were walking, right?
A Uh?huh.
Did you see anything in their hands?
I don't remember seeing anything in their
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1 hands, no. I don't recall seeing anything in their
2 hands.
3 And now, I mean, we know today, we know,
4 and nobody is disputing that Michael Brown, we know
5 he did not have a weapon, okay. I'm not trying to
6 imply that he did when I ask you these questions,
7 but when you saw him, you couldn't tell if he could
8 of had a weapon in a pocket, in a waistband, from
9 your vantage point you wouldn't be able to tell
10 that, would you?
11 A No.
12 And once he ran out of your sight, and if
13 you're here and this building right here, this one
14 right here, once they run past a certain point, you
15 can't see beyond that building to what happens,
16 rightwhatever happened after they ran
19 out of your sight, you can't say one way or another
20 what happened; is that right, is that fair to say?
21 A Fair to say.
22 Okay. So at the time, and today I know we
23 know a lot more today than, obviously, people knew
24 as it was going on. But at you sit here today, I
25 know you said it just seemed like such a minor
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incident, the officer should have arrested him for
jaywalking?
A No, no, that's what I'm saying. I was
just saying in the real world or in a good scenario
what I saw just seemed like such a minor thing for
did.
Okay.
A That's all I'm saying.
Okay.
A Just seemed such a waste. I'm not saying
what happened when it got past me because I can't
testify to that, I don't know anything about that.
And exactly what was happening inside that
car, you really couldn't tell?
A No, and when I made the statement to the
FBI I told them that. I could not see inside the
car.
Okay.
A All I could see was them wrestling at the
window.
And from your vantage point, you did not
see him, Michael Brown, I mean the big guy, it
didn't look to you like he was reaching far enough
in the car to where he would be reaching for a
weapon?
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1 A No, but then if I'm looking at you, there
2 might be some things that I don't see.
3 Uh-huh.
4 A Some things that my memory don't record.
5 I'm not going to say what did or did not happen. I
6 can only tell you what I saw.
7 If, I'm not saying this is true or not,
8 I'm just asking you to think about this. If the
9 officer had drawn his weapon and he was holding his
10 weapon closer to his, the door. In other words, if
11 he has a right handed holster, and then if he had
12 removed a weapon and had it closer to the door,
13 would Michael Brown have been able to, given what
14 you were judging from his height and from what you
15 saw where his head was and everything, could he have
16 touched or reached the weapon if that were the case?
17 A Well, I guess if the policeman had the gun
18 up in his, up high enough where he didn't have to
19 bend to get it or to move his body to get it, I'm
20 assuming that could have happened, that could
21 happen. I don't know that.
22 And I think that, I don't want to imply
23 that you are saying it did or did not happen because
24 I think it is clear that you don't know.
25 A No, I don't.
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And that's fair, but when you said you
2 didn't see him, it couldn't have been like he was
3 reaching for his gun, are you basing that assumption
4 on if the officer still had the weapon in his
5 holster on his right hip, you never saw Michael
6 Brown go far enough in the vehicle to actually
7 removehis right hip,
8 would that be fair to say?
9 A Yeah, that would be fair to say. I can
10 say that, that I didn't see that.
ll Okay. But if the gun were already out of
12 the holster and maybe being held across the
13 officer's body, is it possible then from where
14 Michael Brown was, that he could reach the gun
15 without having to lean in the way you would of
16 thought he would have to lean?
17 A Could be. If I was in the same position
18 and you could see me and he put it up high enough
19 for me to do it within arms reach, I guess I could
20 do it to.
2l And, again, I'm not saying one way or
22 another, I'm just asking you because I think you
23 made certain assumptions when you were saying he
24 couldn't reach the gun and that's based upon you
25 believing that the officer's gun was still in his
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holster that he couldn't reach it?
2 A Yeah.
3 Okay.
4 MS. ALIZADEH: I know you all have a lot
5 of questions.
6 MS. WHIRLEY: Just one thing. My question
7 wasn't could he reach the gunMichael Brown struggling with the officer over the
9 gun?
10 A No.
II MS. WHIRLEY: That's my question.
12 MS. ALIZADEH: I understand, Sheila.
13 MS. WHIRLEY: I was making it clear.
14 MS. ALIZADEH: I didn't know if she meant
15 that didn't happen because I saw, I could see it and
16 it didn't happen, or if her answer was I didn't see
17 that.
18 A Well, see what I was saying when I say
19 that I didn't see him reaching in the car, I did not
20 see that. All I saw was them tussling at the
2l window, I never saw him reach in, or anything like
22 that.
23 Now, that's not saying that what you
24 said about the gun as far as the policeman was
25 concerned that it was in a different position, but
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1 when the question was asked of me was, did he reach
2 in to try to take the cop's gun. And I said, no, I
3 did not see that.
4 MS . ALIZADEH: Okay . I think that and
5 these are all just points we are trying to clarify.
6 A Uh-huh.
7 MS. ALTZADEH: I'm absolutely not trying
8 to imply one thing or the other. So questions?
9 Did
10 you ever at any time see him stick his head inside
11 the police car?
12 A No.
13 When you,
14 the first time you saw the two guys walking and the
15 police approaching them and you say you saw the
16 police drive away and proceeded on or the young man
17 proceeded on. When the police came back, could you
18 tell if he came back in a speedy way or did he just
19 back up normally?
20 A What happened was, he said something to
21 the boys. The boys said something to him. The boys
22 proceeded to walk away. The policeman must have
23 thought for a second, he backed up to go back to
24 where they were.
25 That's what happened. I mean, he
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didn't speed up any because they only had gotten a
few feet from him when he decided, when I guess he
wanted to have some more to say to them, he just
backed up.
Okay, thank you.
A Uh?huh.
When you saw
Michael Brown's head on the top of the SUV, do you
know if he was wearing anything on his head?
A I think whatever, you know.
Thank you.
MS. ALIZADEH: Ma'am, I'm just asking you
if you recall when you talked to the FBI agents, and
these were two women agents, right?
A Right.
MS. ALIZADEH: Do you remember telling
them that you saw, and I'm talking about when the
vehicle backed up, that you saw the vehicle jerk and
back up a short distance?
A Yeah, he did. Cause when he backed up he
jerked, like he put his foot on the brake or
something.
MS. ALIZADEH: I was trying to clarify
when you were asking about and I wanted to know what
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you meant about that.
A If the policeman probably wanted to say
something, he didn't want them to get away. So what
he did when he put it, just when he backed it up, he
just put on his brakes real hard, real fast and the
car kind of jerked.
MS. ALIZADEH: From your position, did it
look like he came close to hitting the boys or did
his vehicle contact either boy when he backed up?
A I didn't see that.
MS. ALIZADEH: Okay.
You
said you don't know if you want to continue to live
there any more. Do you feel it is because of the
police or because of the residents and the danger or
everything?
A I'm going to move anyway.
Okay.
A I've got a lease and I can't move right
now. I mean, my family's having major problems.
Yeah.
A There's a lot of things that make me want
to move. Too many young people, too much riffraff,
there is shooting, they get out at night, on
weekends and shoot up in the air and all that stuff.
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The police has been called several
2 times for it. The apartment managers or owners, or
3 whoever they are, does nothing about it and all of
4 that is violations. They should have been gone, but
5 they do it.
6 I'm getting too old to be putting up
7 with the riffraff. They are a bunch of youngsters.
8 Youngsters are in a learning phase, they do all
9 kinds of crazy stuff. And I just want to live
10 somewhere where I don't have to live with all of
ll that, okay.
12 Has nothing to do with the cop
13 shooting the kid or the kid causing the shooting,
14 whatever it was, had nothing to do with that. But
15 the aftermath of this is what I'm talking about.
16 I don't want to live years, all of
17 the sudden somebody come and either take my life or
18 shoot me up or beat me up, and I'm abiding by all
19 the rules or as many of them as can. I'm not
20 going to say I'm perfect. We all do things that we
2l shouldn't do, all right.
22 MS. ALTZADEH: Any other questions? Okay.
23 This will conclude the testimony of this witness.
24 (End of the testimony of
25 MS. ALTZADEH: This is Kathi Alizadeh on
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October 23rd, 11:07 a.m. Present in the grand jury
is Sheila Whirley and all l2 grand jurors and
the court reporter.
The next thing we're going to do is play a
statement for you. The statement is from a witness
named I believe it's,
l'll verify that.
She had previously talked to the County
Police, but this is a statement you're going to hear
is a statement that was done yesterday, I believe,
at FBI headquarters. I can't be sure, but the
statement is being taken by, the questioning is
being done by who is the attorney for the
Department of Justice. You have heard her voice on
several statements. You will also hear the voice of
who is the assistant United States
attorney who you probably heard his voice on several
statements.
And there is also an FBI agent who is a
female who is a female who pipes in a couple of
times during the statement. I'm not sure as I sit
here today because I listened to this last night
because I got it last night because it happened
yesterday afternoon.
I can't recall if they identified who the
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1 FBI officer, but this was a statement done
2 yesterday.
3 The statement lasts an hour, and hour 40
4 minutes, 38 minutes. So it might be that we break
5 after hearing the first hour of it. Since it is a
6 little after a 11 now, and then you guys can have
7 your lunch, then we would resume and let you listen
8 to the last part of it and then have the witness
9 testify in the afternoon, all right.
10 With that being said, because we
11 don't have a transcript, I would like you to
12 transcribe the interview. But we can pause the
13 recording since we've marked this disc that contains
14 the interview as Grand Jury Exhibit Number 50.
15 (Grand Jury Exhibit Number 50
16 marked for identification.)
17 I don't know street names,
18 but I can give you detail directions that I went.
19 MS. Oh, that's fine, I'm just
20 going to go ahead and just kind of do a little
21 introduction, okay.
22 It is October 22nd, 2014. It is
23 approximately 2:14 p.m. This is special agent
24 at the FBI field office, 2222 Market
25 Street, St. Louis, Missouri. I am here with USA
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are interviewing?
MS.
is it,
MS.
MS.
MS.
number?
MS.
number for you?
MS.
MS.
MS.
MS.
your name for me?
Page 87
DOJ prosecuting attorney
And, can you spell,
It's capital
Do you have a middle name?
What's your date of birth?
And your social security
What is the best contact
That's area code
Is that your cell phone?
Yes, I'm straight cell.
What's that?
I'm straight cell.
Oh.
No landline.
What's your address.
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2
3
4 MS. Okay. All right.
5 MS. So before we begin, you
6 introduced as is that okay if I call you
7 that?
8 Yes.
9 MS. Okay. I want to let you know
10 we talked a little bit when you came in. We're just
ll trying to figure out what the truth is and so we
12 don't want to talk about what you may have heard
13 from other people or what you have seen on TV or
14 read or anything like that, just what you know,
15 okay. This investigation, like any other, where we
16 are just trying to get at the truth.
17 We have to let you know that, we tell this
18 to everybody, if you lie to a federal agent, and
19 you, (inaudible) it is a crime. You are better off
20 not saying a word and just not talking to us if you
2l plan on lying and sitting in here and telling us
22 lies.
23 With that in mind, we just ask you, we are
24 going to ask you to tell us what you remember. If
25 you don't know something, or don't remember, that's
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perfectly fine. Just, you know, as I said, our goal
2 is to figure out what happened, okay?
3 Right.
4 MS. We don't want you to think if
5 one way or the other (inaudible) of what you have to
6 say, you are just a piece of the puzzle, okay?
7 Okay.
8 MS. Can you just tell us, we know
9 what you originally said in your first statement,
10 but we as prosecutors wanted to get to meet you. So
II can you just rundown what you saw and experienced on
12 August 9th?
13 Um, okay. You want me to
14 start from where I started at
15 MS. Well, yes, I know you stopped
16 at the QT, but you were on your way somewhere to
17 begin withvisit a
19 friend from high school that I thought lived off
20 Florissant, but turned out lived in Florissant.
2l MS. Okay.
22 I ended up in Florissant
23 or on Florissant Road.
24 MS. Okay.
25 Once I realized that I was
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lost, this is before I had my GPS. I stopped at the
QT. 270 is up here and I stopped at the QT and I
asked for directions. And I didn't follow them very
well, instead of making a right out of QT, I made a
left. And I realized I went the wrong way, so I
made another immediate left.
But then I seen the apartments, my friend
lived in an apartment. I thought, well, maybe I was
in the right spot after all.
And I went down that street and I passed
two streets and then a parking lot and went into the
second parking lot, which is technically the same
one because it loops around a building. And I
pulled in there and I made a left and I parked there
and then I walked back out in front of that building
to ask for directions.
MS. Okay.
And then that's when I seen
the officer's SUV for the first time, it is a bigger
vehicle, for the first time. And he was talking to
two African?American gentlemen.
And then he started to leave and then he
put the car in reverse and said something, and I did
not hear what was said. And then the next thing I
know, the heavier set African?American was in the
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car from approximately the waist up. And then I
heard the gun go off, I didn't hear any kind of
conversation. I heard noises, but not what was
being said.
I heard the gun go off, I only remember
one gunshot. The skinnier African?American took off
running and the heavier set one that they call Mike
Brown stood up, and I seen him pull his shorts up
and take off running.
The officer got out of the car and had his
left hand on the left side of his face and the gun
in his right hand. And his right hand was shaking
and he was stumbling from one foot to the other, and
I don't know what he said. All I heard was, or I'll
shoot.
And then that's when Michael Brown, the
heavier set, turned around and face?to?face with the
officer and he had his hands out extended like this,
or whatever, kind of like, you know, what are you
going to do.
MS. Okay.
He wasn't saying anything at
that time that I heard. And then the officer had
his gun, was drawn and pointed at him, and that's
when Brown started to charge, you know, kind of like
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a football, like this, with his hands out.
MS. And your hands are clenched.
Right, his hands were
clenched at this time. He was bent, but
not much. It was kind of like a football charge
not, you know, and then that's when the gunshots
started.
I don't remember the sequence or the
order. I know that the gun went off a couple of
times and then stopped and then went off again.
And then when the last gunshot went off,
which was in the head, that's when I started to get
freaked out and left. As I
was leaving, I couldn't go out the same parking lot
I had come in, they had, that was all blocked. So I
zigzagged through the parking lot and I popped out
the third one over here, and I made a right and went
through the neighborhood.
I got lost in there for about 20 minutes,
but I ended up on a street that goes in a complete
circle and then I made a right and popped out on a
side road next to QT, which is where I asked the
person at QT again where the nearest highway was.
MS. So let me go back and ask you
some questions I have.
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Okay.
MS. Starting with the QT. When you
went and asked for directions, did you go inside or
did you ask somebody in the parking lot?
I asked somebody at the gas
pump.
MS. Both times or first time?
Both times.
MS. And did you go inside at all.
NO.
If we got surveillance
video from the gas pump, you would be on it?
Yes.
MS. Okay. And so when you drove,
you said you ended up by an apartment complex. You
thought it was your friend's apartment complex, what
made you think that?
Because she had said she
lived in apartments right off Florissant. And I
thought she meant right off Florissant, she meant in
Florissant. I never did find my friend.
MS. Okay. Before you were
describing it you said that you thought that you
noticed these apartment complexes and you went in
thinking that was where she lived and then you got
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out and asked for directions again. At what point
2 did you still think you were at the apartment
3 complex?
4 No, once I got in there
5 because once I got past the first two streets and I
6 started to go around the bend, it didn't look like
7 the pictures that I had from her, and that's why I
8 was confused.
9 MS. What is your friend's name.
10
ll MS. Do you have a phone number for
12 herhome. She's,
l4 we met when
15
16 MS. So you said in high school,
17 right?
18 We met my freshman year of
19 high school.
20 MS. OkayCorrect.
24 MS. What school did you go to?
25
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1 It was early '80s I guess.
2 MR. you
3 went to?
4 Yes.
5 MR. is her name?
6 Yes.
7 MR. How do you spell her last
8 nameyou spell
11 with an I or a
12
13 MS. Have you spoken to her since
14 this?
15 Just a couple times. We
16 were really, really close when
17 And then
18 they had that situation
19 what do you callshe wouldn't have to deal with
23 it. We went through a lot together, so.
24 MS. You said you never made it to
25 her house that day, did you call her afterwards?
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I emailed her and told her.
2 MS. What did you tell her?
3 Just that I had gotten lost.
4 I didn't tell anybody anything except for my
5 ex?husband, which he
6 MS. Who is
7 He's being obnoxious.
8 MS. What do you mean?
9 Well, he told me not to come
10 in here at all.
ll MS. Why?
12 Just because we have three
13
14 MS. Meaning what?
15 He doesn't, he has cable, I
16 don't. He hears about the death threats and
I7 everything and just says that he doesn't want his
18 mixed up in it.
19 MS. So why did you decide to go
20 against his suggestion?
2l Because the one thing my
22 father taught me before he passed away regardless,
23 you always tell the truth and you always admit to
24 whatever, if it's the truth.
25 Unfortunately, I have been in trouble once
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before by the law.
MS. Okay. How did you get in
trouble, what was that?
I grabbed a black checkbook
instead of a brown checkbook or blue checkbook.
MS. Did you get convicted of
anything?
Yes, because my dad, even
though it was an accident, it is still my signature
and the adult thing to do would be to accept
responsibility, so I pled guilty.
MS. What did you plead guilty to,
what was the charge?
You know, I really am not
100 percent sure. I think it was check fraud is
what it would have gone down.
MS. How long ago was that?
In '07, I believe.
MS. Did you
I didn't do any time. I
explained the situation to the judge and the judge
said since I was taking responsibility, he would
give me just probation.
MS. How long were you on probation
for?
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Three years.
MS. Was it a felony.
It was considered two
felonies, but they did an SIS.
MS. Okay.
So that as long as I didn't
get in trouble throughout the three years that it
wouldn't be on my record.
MS. Okay.
MR. Did you have any trouble
during that three years?
No.
MR. Have you had any other kind
type of problems at all like that?
I haven't even got so much
as a ticket so, before or after.
MS. So when you pulled into the
parking lot in this complex, you got out of your car
to ask for directions, was there somebody that you
were going over to ask directions or were you just
looking for somebody?
I walked up to the first
gentleman I seen, he was kind of a heavy set guy
with a green shirt, and had his hair in braids and
it was real short.
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MS. Okay. Why did you park your
car and walk up to him as opposed to just drive up
to him?
It's just what I do.
MS. Okay.
It is easier for me just to
park, get out, and then I can sit and conversate and
I was able to have a cigarette.
MS. I guess, you know, if it is all
good but
I've always done it.
MS. And that's fine. I'm talking
about the reality of life is you are in a
neighborhood that you don't know and you are getting
out of your car and walking up to somebody you don't
know,
and I don't know, you are more trustful than
the average person, or maybe I'm more skeptical than
the average person, especially a woman in a
neighborhood that you don't know.
I just always have. I don't
know, I could be down in the city or whatever and
ask for directions, and I will get out.
MS. Okay. So you get out
I don't get lost any more,
my mom bought me a GPS.
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MS. Okay. You get out of the car
and you see this guy, and at what point did you
notice the police car?
I didn't notice him until
they were talking the first time. And no, I didn't
hear anything that was said the first time around.
He was just kind of driving up next to him.
MS. Did you get the opportunity to
ask this guy for directions or was your attention
diverted to the police car?
I started to ask him, and
then I lit a cigarette, and then my attention became
drawn to the police car. That's why I had to ask
directions again at QT.
MS. Was the guy you are talking to,
was he watching was going on also?
Yes.
MS. So you look over and you see
the police car and you say that, when I say car, I
mean SUV, and you see some sort of interaction
between the police officer and who?
The, well, I know it is Mike
Brown now, at the time it was a heavy set
African?American and a skinny African?American.
MS. And did you
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Page 101
1 Oh, I'm sorry, I didn't mean
2 to interrupt you, when, um, he backed up, when he
3 first tried to get out, the heavier set one did push
4 the door shut, but so did the skinnier one. And the
5 skinnier one lost a bracelet on the ground, it is a
6 gold bracelet.
7 MS. Okay.
8 I'm sorry.
9 MS. You're fine, totally fine, okay
10 I know in your last statement you said one of the
11 things you kept saying was I'm not a very good
12 witness.
13 I'm not.
14 MS. Let me tell you this as a
15 prosecutor. A good witness is somebody who is
16 truthful. And that's all it takes to be a good
17 witness, right, nobody should be a professional
18 witness, right. Because we just ask about what we
19 see going on in our daily lives.
20 I kind of want to get that out of your
21 head, just focus on the fact that all we want is the
22 truth, right, so and that's ultimately what we are
23 getting at. However, you characterize yourself good
24 or bad, that doesn't matter either as long as you
25 tell the truth, okay.
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Okay.
MS. Back up to when you saw the SUV
and you said you saw interaction and you can call
him Mike Brown, you know their names now?
I know their names now.
MS. So then you can call them Mike
or Dorian, whatever you feel comfortable.
Okay.
MS. You see the SUV and you see the
interaction, who was interacting with whom?
They both were interacting
the second time.
MS. So the initial thing that you
see.
The initial time I only seen
the officer say something to Mike Brown.
MS. Okay. How do you know the
officer was talking to Mike Brown.
He was closer and Mike was
responding. And it was definitely conversation, I
just have no idea what was said.
MS. Okay. Was Mike Brown going in
the same direction or opposite direction of the SUV.
When I looked over there
they were side by side.
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MS. Okay. Where was Dorian Johnson
relative to the
The first time?
MS. Right, in this initial, when
you initially see him.
He was off about 3 feet.
MS. Was he closer to the back of
the SUV or the front of the SUV compared to Mike?
Compared to Mike, I would
say the back, but I don't really remember.
MS. Okay.
I don't, I honestly, I mean,
I didn't give it a whole lot of thought until after
Mike Brown went into the car.
MS. We understand that. Our job is
to push you and see how much detail we can get out
of you.
Right.
MS. If you don't know, you don't
know, that's why we are asking all of these
questions.
MR. When did you first see Mike
and Dorian?
From the first time that
they were communicating.
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MR. Okay.
I paid absolutely no
attention, there was a ton of people there.
MR. You didn't see them until
they were actually, until the police car was
actually beside them and they were communicating
with the policeman?
Correct. I'll stick with
that because I might have seen them, I just didn't,
it's not dawned, I can't say for sure or anything,
you know, I didn't give them any of my attention.
MS. How long were you there
before you saw that?
It was like instantly.
MS. So you didn't notice when you
were driving in, you didn't notice anything?
No. I didn't pay, I mean, I
was staring so much at the building addresses and
where there were the most people that I could get
out and ask for directions.
MS. So if you saw anybody close to
the road, you would have stopped and get out of the
car.
I would have stopped and get
out of the car so I could have a cigarette, and
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actually get step by step instructions. I'm not
good on directions. So I couldn't get ahold of
anybody, I didn't have of my cell phone on me at the
time so.
MS. Okay. So you see, you are at
the part where you see some sort of interaction
between the police officer and Michael Brown,
because your statement is based upon what you,
You could tell there was some sort
yourself, saw.
of interaction, correct?
Correct. I didn't realize
that the officer was even an officer. When I first
pulled in, or whatever, he was coming this way, I
guess, and I never even acknowledged that he was an
officer when I pulled in.
MS. What sort of vehicle was he in?
Looks like one of those like
van or SUV type.
MS. Okay.
Big vehicles.
MS. Was it marked?
Yes, it had police and then
underneath it said Ferguson.
MS. So then what about when you say
you didn't realize he was an officer?
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I wasn't paying any
attention. I was so focused on staring at the
building numbers that when I pulled in, or whatever,
and I passed and there was a lot of people standing
right here, I just pulled in right away. It wasn't
until I got out and walked this way, or whatever,
that I realized that, you know, that it was even an
officer. I was going to wait and just get
directions from the guy because the officer was
already busy.
MS. Okay. My next question was,
did you consider getting directions from the
officer.
I didn't, no, because he was
already occupied.
MS. Okay.
And he looked very occupied.
MS. All right. So after you see
this interaction between Michael Brown and the
officer, then what's the next thing you see?
After the first altercation?
MS. We are just talking about step
by step.
Okay.
MS. You're getting out of your car,
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you see him before you spoke to the man about
directions; is that right?
Correct.
MS. And then what?
And then the officer goes
up, you know, like he's going to drive away, he
just a few rolls of the
doesn't really go too far,
tire, or whatever. And then he comes back, or
whatever, you know, comes and backs up. And Dorian
and Michael Brown, Brown walked up to the car and
words were exchanged and then Brown entered into the
vehicle from the waist up.
MS. Let me ask you when you say
words were exchanged, what do you mean by that?
The officer's mouth was
moving. I have no idea what was said.
MS. I'm just asking why you chose
that phrase.
Right.
MS. You use that phrase exchange,
the officer's mouth was moving, was there any
I did not hear Mike Brown.
MS. Were you able to see Mike
Brown's face at that point?
No, he was facing, because I
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1 was here on the sidewalk and the officer's car was
2 kind of cockeyed or crooked, or whatever, and Brown
3 was right at the window.
4 MS. Your vantage point was of the
5 driver's side?
6 Correct.
7 MS. Based on what you are
8 describing now. Okay. And so you see words were
9 exchanged and then what happened?
10 The officer had words.
11 MS. Okay.
l2 I seen him talking, but I
13 don't know what he had said. And then the next
14 thing I know, Mike Brown was lunging into the car,
15 like dived in and it was only from the waist up that
16 he was in the car.
17 MS. What was your reaction when you
18 saw this?
19 My honest reaction?
20 MS. Yeah, absolutely.
21 I was cussing. At the time
22 I was just like, I actually even said to the guy, is
23 he F?ing crazy.
24 MS. You can use the language, we
25 have heard worse, we've said worse.
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1 I said, is he fucking crazy.
2 MS. Okay.
3 And then it just starts
4 happening, I didn't say anything more than that.
5 After the gun went off, I did say damn and then I
6 said shit, and then I got really nervous.
7 MS. I don't need a litany of curse
8 words you used. I just kind of want to understand
9 your reaction to what is going on. So you see, you
10 said lunge in and from how far down his body?
11 To about his belt, naval.
12 MS. Okay. And that's when, and
13 your reaction was one of, I guess, surprise, right?
14 I had never seen anybody
15 treat an officer like that way before.
16 MS. What was Dorian doing at the
17 time?
18 At that time he punched the
19 car door shut because he punched it with his wrist
20 and he punched it with his wrist, something gold
21 fell off his hand out of his right wrist I think.
22 MS. Let me ask you this. At what
23 point did the door open to get punched shut by
24 Dorian?
25 When did it open?
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MS. Yeah.
After I heard the gunshot.
MS. Okay. So when you're saying,
maybe I'm getting confused. When you are talking
about Dorian punching the door shut, that's after
the gunshot?
Before the gunshot.
MS. Okay.
Once the gunshot went off,
Dorian took off.
MS. Okay. Let's back up a little
bit.
I'm sorry.
MS. No, no, no, don't apologize.
When you see the officer saying some sort of words
to Michael Brown, Michael Brown is by the door, was
the door open or closed?
At that time the door was
shut.
MS. Okay.
He attempted to open it,
because it did open, it did unlatch.
MS. He, meaning who?
The officer unlatched the
door.
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MS. How do you know it unlatched?
It started to open, you
could tell that it was definitely in the process of
opening.
MS. Okay. And then how did it
close?
With Michael Brown's hands.
MS. You are showing
The base of his hands, he
shoved it shut the first time, and then the second
time he, I can't, I don't know. I don't know if it
was his fist or with his gut.
MS. You are saying the officer
tried to open the door twice in a row?
Correct.
MS. When did Dorian get involved
with that?
That was right after the
second time he went up and punched the rear View
mirror.
MS. Punched, meaning what?
With his wrist, with his
right wrist.
MS. So you are showing the side of
his hand?
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The side of his wrist.
MS. The side of his wrist?
In a fist motion.
MS. Okay. And then what did you
say about something gold?
Something gold fell off
Dorian Johnson's wrist, the skinnier one.
MS. Okay.
And it fell on the ground.
MS. And after that happened, is
that when
That's when the gun went
off.
MS. When did Brown 1unge into the
car.
Okay. I'm sorry, you are
making me nervous.
MS. I don't want to make you
nervous.
After the second time Brown
shoved the door shut, the second time, I don't know
if it was with his fist or with his, you know, with
his gut. And Dorian Johnson was standing there at
that time, he looked like he punched the rear View
mirror, but he ended up knocking something off his
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right wrist and it fell on the ground.
He went to bend down to pick it up and
that's when Mike Brown jumped into the car head
first, but only went up to his naval into the
window.
MS. Were you able to see what the
officer was doing when Mike Brown did that, when he
went through the window?
He was getting punched.
MS. How can you tell?
Because Mike Brown's fist
kept going up and down. You knew he was getting
hit, even though he was all the way back.
MS. When you say he was getting hit
all way back, you talking about who?
The officer was being shoved
back.
MS. Okay.
As Brown was laying on top
of him from the waist up and Brown's fist was going
up and down on the side.
MS. How were you able to see this
if when I asked you before you said Brown's body, a
lot of it was blocking the doorway of the car?
He was in the car from here
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up, bent over and the officer was laid back in the
car and Dorian was almost completely on top of him.
MS. Dorian was?
No, the heavier set one.
I'm going to stick with that if that's all right.
MS. Whatever makes you feel
I really don't know which
one is which.
MS. I want you to describe this to
me in the way that is most comfortable for you.
Okay. I don't want you to think we are trying to
get any certain way out of you.
I need to go with the
heavier set and the skinnier one.
MS. Okay. I don't want you to be
nervous at all. If at any time you don't want to
talk to us, we are not forcing you to.
Right.
MS. I don't want you to feel
uncomfortable or we're making you nervous, we just
want to know what happened, okay?
Right.
MS. And you tell us in the easiest
way that you can, all right.
All right.
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1 MS. If you want to use bigger one
2 and little one, that's fine.
3 Okay.
4 MS. The bigger one you said was in
5 the window and the officer you said was leaning
6 back?
7 Right. And there's about
8 this much of a gap between Brown, the heavier set
9 one's body and the thing of the car, the window.
10 MS. So there is a gap
11 There is just enough of a
12 gap that you could see the heavier set one's fist
13 going up and down into the officer's face.
14 MS. Okay.
15 Or into the officer's body,
16 put it that way because I didn't know where the
17 officer was getting hit until after the officer got
18 out.
19 MS. All right. And so while this
20 is going on, what's your reaction?
21 At this time I was really
22 scared, but I was just kind of standing there, it
23 almost seemed fake at some point or whatever, and
24 now and then just disbelief.
25 MS. Was the guy next to you, was he
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saying anything to you?
At that time, no.
MS. Were you standing next to him?
I was standing exactly next
to him.
MS. Do you know his name?
NO.
MS. Did you ask him his name?
I didn't really care about
names at that point.
MS. Okay. Did you know anything
else about him other than?
Green T?shirt, heavy set,
and braids.
MS. Okay. Do you know, do you
happen to know the address near where you were
standing, did you look at the numbers?
No, but when you pull into,
down there and as soon as you go around the bend and
you start to see the buildings, it is the very first
building on the right.
MS. Okay.
All right. So let's go
back. You see the bigger one, these punching
motions and then what's the next thing that
happened?
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That's when I heard the gun
go off.
MS. Okay.
And Dorian Johnson, the
skinnier one, took off towards the street that QT is
on.
MS. Okay.
Heavier set one took off in
the opposite direction down towards into the
complex.
MS. Okay.
And then the officer opened
the door, and he had his left hand on the left side
of his face and the gun was in his right hand, and
he was wobbling from foot to foot and he looked
confused, you know. He was kind of stumbling, or
whatever, like he wasn't with it, does that make
sense?
MS. You're fine.
He obviously had just got
hit.
MS. You said obviously got hit
based on what?
The way he was acting, it
just looked like he was dizzy.
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1 MS. Okay. When you say his left
2 hand, was it above his ears on his face?
3 Get out of the car, right
4 hand was on the gun, so yeah.
5 MS. Where was his hand, on his
6 face?
7 Now, you got me confused. I
8 want to say the left side of his faceconfused.
10 MS. I don't want to confuse you.
11 It was like right up here.
12 (indicating)
13 MS. You showing his entire palm.
14 Yeah, he just had it up to
15 his head.
16 MS. Up to his head?
17 Yeah.
18 MS. Was his palm from his mouth all
19 the way up.
20 Correct.
21 MS. From what I can flap his head
22 from what you remember.
23 From what I remember.
24 MS. Okay. And then what happened?
25 And then he wobbled from
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foot to foot, I don't know what he said. I remember
hearing or I'll shoot, but that's all I remember
hearing. And then that's when the heavier set one
turned around and faced him. And they were still
that distance away.
MS. Had the officer, when the heavy
set one turned around, had the officer run or pulled
forward in his car or was he still by his war.
He was still by his car. He
didn't go towards, Dorian, I didn't see him head
that way towards the heavier set one until after the
heaver set one turned around and proceeded, you
know, started to come this way.
MS. Okay. So describe when the
heavier set one turned around, describe what he was
doing?
He turned around and he put
his hands out like this. (indicating)
MS. That's, now, your hands are
here, your hands are kind of out at your sides.
It was like a football
thing.
MS. Okay.
They weren't like this.
(indicating)
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1 MS. Your hands are clenched?
2 Right.
3 MS. Out, but not up, is that fair
4 to say?
5 Correct.
6 MS. They are out, but a little bit
7 higher than waist high?
8 Correct.
9 MS. And did he put his hands out
10 like that before or after he turned around?
11 After he turned around.
12 MS. What were his hands doing?
13 That's the easier way around it.
14 He looked like he was having
15 an attitude, he looked like my
16 MS. How so?
17 What are you going to do.
18 MS. That expression or that motion
19 he as he turn around.
20 Correct.
21 MS. What was your vantage point,
22 was your vantage point on him when he turned around,
23 was he facing you?
24 At this time, yeah, when he
25 turned around, he was facing the officer, which
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1 would have been facing this way. I was more in the
2 middle of the building and he was more at the
3 entrance of the parking lot.
4 MS. When he turned around to get a
5 View of Michael Brown's front.
6 Correct. Left side, partial
7 front like, you know, like the side View.
8 MS. Okay. As he was running away,
9 do you remember what he was doing with his hands?
10 Just running, I mean it was.
11 MS. You just demonstrated a
12 running.
13 Just running, yeah.
14 MS. And his arms are pumping back
15 and forth?
16 He pulled his pants up once,
17 I know that.
18 MS. Did his pants appear to be
19 falling to you?
20 Yes.
21 MS. How so, can you describe that?
22 He was half mast.
23 MS. Meaning what?
24 His rear end was hanging
25 out.
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MS. Okay.
He pulled them up twice
cause when he first got out of the car, when the
altercation stopped at the vehicle before he took
off running, he pulled them up as well.
MS. Okay. Then he pulled them up
again as he running away?
And then he pulled them up
again as he was running down the street and then he
turned around and then after that he never pulled
them up again.
MS. You said his hands were in like
a running position?
Correct.
MS. So then what happened?
After he turned around, he
was like that and then
MS. When you say like that, that's
the what you are going to do about it look?
What are you going to do
about it look.
MR. When you do that, you've got
your hand and fists and are leaning forward.
He started with the attitude
and then he immediately went down into like that
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1 football with the fist.
2 MS. Okay. So what are you going to
3 do attitude his palms are open?
4 Correct.
5 MS. And then you said he shifted
6 into this like fist, like
7 Well, because at this time
8 the officer actually had the gun pointed right at
9 him. I mean, it was obvious that he was getting
10 ready to do something.
11 MS. Who was getting ready to?
12 The officer. I mean, when
13 the hand was on the gun, the hand was on the
14 trigger, he was ready to go.
15 MS. Okay.
16 And he was focused. He no
17 longer had that confused just got smacked look, I
18 mean, he was determined to, you know, not
19 MS. So when this is all happening,
20 you are watching it. So the officer is in one
21 position and Michael Brown, the big one, is in
22 another position. Where are you, who are you
23 looking as you are describing what Brown is doing
24 When Brown turned around
25 with the, what are you are going to do about it, or
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1 whatever. And then I looked at the officer who had
2 his gun, and by this time he come to the back of the
3 SUVthere, when I turned back
4 to him he was already there.
5 And I looked back at the heavier set one,
6 and he had, by this time bent down in the football
7 position and had his fist made and he began to
8 charge at the officer.
9 Ms. Okay.
10 More of a head type first
11 thing.
12 MS. Can you describe anything about
13 the heavier set guy, what he looked like, what his
14 facial expression was?
15 At that time he just looked
16 like he was on something.
17 MS. What makes you say that?
18 The officer just started
19 shooting him and he didn't do anything. He didn't
2O flinch, he didn't wiggle anyway and he just didn't
21 stop, he just kept going.
22 MS. Okay.
23 And that is when I said to
24 the guy in the green shirt, I said, oh, my gosh, is
25 he ever go to F, you know, quit.
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1 MS. What did you say?
2 I said, is he ever going to
3 fucking stop.
4 MS. What did the man in the green
5 shirt say to you?
6 If he said anything, I don't
7 know. I mean, it was more of just talking his
8 direction.
9 MS. Okay.
10 I mean, he just kept going.
11 And then the gun stopped and he was still alive and
12 if he would have just laid down, and then there was
13 like
14 MS. What?
15 A lot of blood.
16 MS. Okay. So let's go back. The
17 guy starts charging at the officer and when did the
18 officer start firing the gun?
19 After he turned around and
20 started charging after him.
21 MS. Do you remember, did the
22 officer give any commands or say anything?
23 He did say something, but I
24 don't know what.
25 MS. How about the big guy, the
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1 heavy set guy?
2 The heavier guy sounded like
3 he was grunting.
4 MS. Okay.
5 Now, whether he was talking
6 and I wasn't understanding him, I don't know. To me
7 it sounded like grunts.
8 MS. Were there any pauses in the
9 shots?
10 Yes.
11 MS. What sorts of pauses?
12 I don't remember the
13 sequence, but I know that there was at least what
14 seemed like a lifetime, but it was probably just a
15 few seconds between up until the last two shots I
16 mean, the shots kind of went boom, boom, four almost
17 right in a row it seemed like, but then there was
18 just enough of a pause and it was just, he wouldn't
19 stop.
20 MS. What was he doing?
21 He was still going after
22 him, he was still charging, he was bent down more.
23 MS. And we're talking about the
24 heavy set guy?
25 Correct.
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MS. And what was the officer doing
while the heavy set guy is charging at him?
At that time he was, he was
standing completely still and he was in focus mode.
MS. At any point did the officer
either come forward or come back?
He actually came back it
looked like, about two steps, there right before the
last two shots. It looked like he went back a
couple steps and then up one step and then it was
just boom, boom.
MS. Tell me about the last shot?
That last shot, I didn't
like the last shot.
MS. Okay. What about it?
Too much blood. And then he
went down and he went down face first and I just
wanted to leave, so I left.
MS. Okay. Did you the guy go down
right away after the last shot?
After the last shot, it was
like two shots, the first one he started to go down
and the second shot he was down.
MS. Do you see where either one of
those shots hit?
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1 The final shot, you know, I
2 didn't actually see where it hit, I just seen all
3 the stuff that come out.
4 MS. Come out of where?
5 His head.
6 MS. Did you notice any other
7 injuries?
8 I'm not saying there wasn't,
9 I can honestly say
10 MS. Okay.
11 I didn't pay any attention
12 if there was.
13 MS. I understand you wanted to get
14 out of there, but you were at this point still
15 standing on the sidewalk, correct?
16 Correct.
17 MS. So what did you do, did you
18 turn to the guy in the green shirt and say anything?
19 No, I just left, but I was
20 stuck in that parking lot.
21 MS. Did you go right back to your
22 car.
23 No, I went directly back to
24 my car. Not the spots that were up against the
25 building, but the spots that were facing that way.
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1 MS. Okay.
2 I know you are probably
3 turned around. When you come down you have the
4 first building here, you miss that first parking lot
5 and you have that second entrance. When you pull in
6 to the right and I parked facing into the
7 neighborhood.
8 MS. Okay. Did you ever see that
9 other kid, again?
10 He went down towards the
11 street that QT is on.
12 MS. West Florissant.
13 Yeah, I don't know the
14 street name.
15 MS. The street that you came
16 from?
17 Correct. He took off his
18 shirt and he stripped down to a, my calls them
19 wife beaters. I don't know, the tank tops.
20 MS. Did you see him actually?
21 Yeah, he took that off right
22 away.
23 MS. When did he, I know you said he
24 ran away, when did he reappear, when did you see him
25 again?
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1 He reappeared real close to
2 that guy in the green as I was leaving the parking
3 lot because when I was in the parking lot, I backed
4 up this way with my rear end towards the heavier set
5 body and I started to go this way, and he was like
6 right there at that time, he had just reappeared.
7 MS. So how much time had passed
8 from the time of the final shot and to the time that
9 you saw this kid reappear?
10 15 seconds, 30 seconds. I
11 guess. I don't know. It is in 20, 30 feet for me
12 to get over to my car.
13 MS. Okay. Did you notice him
14 changing his shirt?
15 He had taken his shirt off
16 and he had drawn it over his left shoulder.
17 MS. You are positive it was him
18 or someone that looked like him?
19 No, I was positive.
20 MS. And then what you are saying.
21 Correct.
22 MS. At any point did you see any
23 other police officers around?
24 There were two officers that
25 arrived, but I won't want to swear to when they
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arrived. I remember two showing up, I remember one
having his gun drawn, but not firing his gun but I
don't remember because I don't remember when they
showed up.
MS. What about the officer that
fired the shot, after he fired that last shot, what
did he do?
He looked like he was going
He didn't look good.
to throw up. I mean, he just
didn't look, um, I don't know.
MS. Not how he looked, like what
did he do, what were his actions?
What was his actions?
MS. He just fired the last shot and
what did he do?
I don't know, I was leaving.
MS. He fired the last shot, you saw
the big guy fall to the ground.
Correct.
MS. And then what do you remember
about the officer?
Nothing really. I mean, he
just kind of, I mean, the shot went in and I left.
I didn't focus on anything or anybody any more after
that.
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MS. Okay. So you left, you went
back to the OT and asked for directions, correct?
But I had to go through the
neighborhood.
MS. When you asked for directions,
what did you ask for directions to?
To nearest highway, I wanted
any highway.
MS. Okay.
And the guy told me to make
a right here and just go till you get to 270.
MS. And why didn't continue to go
to your friend's.
I just wanted to go home. I
didn't want anything to do with anybody.
MS. Okay.
I get on 270 and actually
went the wrong way and again, and then got off and
went back the other way.
MS. When you got home, what did you
do?
When I got home, what did I
do. I locked myself in my house for like two weeks.
MS. Why?
Don't want to go outside.
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MS. Why?
Just, that was just a lot of
stuff.
MS. Can you explain to us what you
mean?
There's just a lot of blood.
MS. A lot on the roadway that day?
Uh?huh. There was just,
this was just a lot.
MS. I know, I don't know whether
I'm asking you a hard question or I'm asking a
explain to us what
question that should be obvious,
you mean. You said you have kids, right?
We have but I only
have that still live in my home.
MS. Okay. So when you say you
locked yourself in your house for two weeks, did you
literally not go out for two weeks?
No, I didn't leave my
complex for two weeks. I didn't have any
communication with anybody or go out. I took my
kids to and from school and took them to their
activities right there in
MS. Did anybody in your family or
anybody that you know that you talked to anyone
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about what you saw?
I talked to my ex?husband,
but he swears up and down he doesn't remember the
So I don't know.
conversation. But my ex?husband
is heavily medicated, so I can fully understand him
not.
MS. Heavily medicated with what?
He's and
he's on like three or four different medications.
MS. Okay. When did you tell him
what happened?
Almost immediately after
because I gave him step by step instructions on how
to get there and everything that happened.
MS. What do you mean?
I told him everything. And
the first thing he said was, you know, better not
tell nobody.
MS. Why not?
Because he doesn't want
anybody to cause any problems for the
MS. Why did you think your
would have problems?
By this time, I mean, this
was because that happened Saturday, this would have
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1 been Sunday, and by this time you already had death
2 threats on whoever did it, I guess, is what he says.
3 I don't know, we don't have cable.
4 MS. You don't have cable, but do
5 you have the internet?
6 Yes.
7 MS. Do you look at the news at all?
8 I did for about the first
9 week and then it drove me nuts and that's all there
10 is.
11 MS. Did you consider reporting what
12 you saw to either St. Louis County or the FBI, it
13 took you a while to come forward?
14 It's been a long time. I
15 didn't consider it, not really at first.
16 MS. Why?
17 Because I didn't want
18 anything to do with it. In my opinion, and this is
19 just my opinion, I felt like the officer does his
20 job and it just kept going onwas like.
22 MS. Yeah, well, I guess this is my
23 question. You said you were (inaudible) you know
24 where the attention was?
25 That is where I learned the
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1 name and which one was which.
2 MS. So not only was there a lot of
3 attention nationally and all of that, there was
4 actually riots going on and not far away from where
5 you live, right?
6 Yeah, I I knew, I heard
7 about them.
8 MS. My next question is right when
9 you came in earlier, you know, from your dad to come
10 in and do the right thing and that's why --
11 There is a difference.
12 MS. All right. So explain what's right and
15 that's what ultimately made me come in. But at the
16 time I just, I mean, at the time I just didn't want
17 to be in the middle of it. I still don't want to be
18 in the middle of it.
19 MS. I don't think nobody ever does
20 no matter what the investigation, right, whether it
21 gets media attention or not. But so so giving
22 what you're saying where your dad, you know, tells
23 you and all of that and doing the right thing, but
24 you're saying it never even dawned on you to come in
25 and report it?
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I didn't say it didn't dawn
on me, I mean, yeah, because it's, you don't get
into the middle of an officer and his job. Do you
know what I mean? Does that make sense?
MS. I understand what you are
saying, but yet
That's what finally broke me
was the fact that it just kept going and going and
going. Every time you logged onto Facebook or any
of the news websites, that's all there was. Nothing
existed but Ferguson.
MS. Okay. What prompted you to
call St. Louis, that's what you did, right, you
called St. Louis County too, right?
Correct.
MS. So what prompted you to call
them?
I actually called a few
times before that and then I guess I made a comment
that went too far.
MS. What sort of comment?
I have no idea. I called
Clayton and made the comments, you know, about the
situation.
MS. Like what, like what sorts of
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comments? You don't have to tell me like word for
word.
Just that the officer had
done his job and that, you know, he had been hit. I
don't know word for word, because this is back in
August.
MS. So you called Clayton, you
called Clayton where?
From my cell phone.
MS. Okay. Did you call the police
department?
Clayton nonemergency police
department.
MS. Okay. You did this how soon
after the shooting?
Probably within the first
day or two, well, Tuesday, so one, two, I believe
the first three or four days.
MS. This is why I'm confused.
Because first you are saying you didn't really
consider reporting it, but yet you were calling
information out and then commenting. So tell me
what's going on
I did
But when I commented,
not give them my name. I did not want anything to
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1 do with it, it is a different type of violence, it
2 is a different type of people.
3 MS. What do you mean?
4 The situation is scarry.
5 MS. We are not judging you at all,
6 we just need to know.
7 It is not the environment
8 that I grew up in.
9 MS. What do you mean by that?
10 It is just not the
11 environment I grew up in. I grew up, you know, from
12 the day I got at five. I grew up right
13 there by and that's where
14 I spent my whole childhood,
15 It was just different, you know.
16 I remember the day I got stopped for
17 jaywalking when I was 13 and the officer threatened
18 to turn me over my knee and take a belt to my rear
19 end, and that was just the way times were back then.
20 And we didn't dare tell them no, it was yes, sir, or
21 we caught it, you knowtrouble outside the house, we got in trouble inside
23 the house for disrespecting our elders or something
24 else.
25 So to me up there it is just not
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1 MS. You don't think there is any
2 repercussions for their actions, for anyone's
3 actions.
4 What do you mean?
5 MS. Well, you said an officer
6 stopped you for jaywalking and if you did something
7 wrong, you respected it. But if you got in trouble
8 there, you are getting in trouble at home.
9 Right.
10 MS. And you're saying that's
11 different because people in North County don't have
12 responsibilities for their actions?
13 It is not so much North
14 County as it is the times.
15 MS. For anyone?
16 The situation that I had
17 witnessed is not the same as what it was, is not the
18 environment that I live in.
19 MS. So you didn't want to tell us
20
21 I didn't want anything to do
22 with it, I still don't. I know it doesn't make any
23 sense. I want to tell you because it is the right
24 thing to do. I don't because I don't want to get in
25 the middle of it.
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1 MS. And you're not alone, that's a
2 common feeling, like I said, for anybody that ever
3 witness's something. You have to spend the time
4 talking to police officers as well as prosecutors.
5 You guys are nice, but you
6 make me nervous.
7 MS. I'm glad we are nice. Why do
8 we make your nervous?
9 Police make me nervous, and
10 you are higher than the police, that makes me a
11 little extra nervous.
12 MS. We are trying to find out what
13 your motivation might be. As prosecutors,
14 especially, we have to try to figure out what kind
15 of case we have, if we can put a case together.
16 When we speak to witnesses, everybody has a reason
17 why they say something whether they're telling the
18 truth or they have other motivation behind it.
19 So when we have somebody who is telling us
20 what you are, takes you five weeks to come forward,
21 we just want to understand what was going through
22 yon in those five weeks. That means you ultimately
23 say I am going to tell you who I am.
24 Honestly, this may sound
25 cornypraying.
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MS. Okay. Tell us about that.
That's different from what you are saying now to us,
I didn't think about it, if you were praying about
it, you were thinking about itpraying,
especially at night. And I had been staying up till
3, 4, or 5 in the morning. And then I wouldn't be
able to get up in the morning.
MS. What would you dream about,
what was your issue?
Just going over what I had
seen step by step every night and just asking, you
know, I did go in and tell them this or I could go
in and tell them that, and not really have to get
involved.
And then the next day I would pray and I
would go like, I can't do that. Cause if I go in
there and tell them what I seen, you're going to
want to know everything.
MS. So what were you concerned
about telling us?
Just, you know, I don't want
to tell you any of it.
MS. Okay.
I mean, it was just praying
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do I tell them that I seen it, or did a friend see
2 it, or I don't know, I kept going back and forth.
3 But when I pray, I'm not one of these, my ex?husband
4 is Catholic. I'm not one of those, you know, the
5 rosary and the cross and the holy water. You knownight and stare at the ceiling and
7 just talk.
8 MS. Okay. What ultimately made you
9 decide it was actually time to come forward?
10 Just seeing my dad. Not
ll seeing him physically, I mean, he's deceased.
12 MS. Okay.
13 Just remembering that he,
14 you know, you do what, you do respect. That's it,
15 end of the line. You can screw up in life, we're
16 human, but you are to respect the law, you respect
17 your elders, you were always to speak the truth and
18 if you know something, then you are to come forward.
19 And it is not tattling, it's, you know.
20 Did you say at the beginning
2l you talked to after this?
22 Correct.
23 What did you tell her?
24 I told her I got lost up in
25 the Ferguson area and that's all I said. She never
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really asked and we agreed that we would get back
together, but we never have, but she
Does she know at all about
this, about the shooting?
I didn't tell anybody except
for my ex?husband.
Why did you tell him?
I had already told my
ex?husband and he told me not to tell anybody and
then I never told anybody after that. I mean, I
live right next door to several county officers and
I never told them either so.
And she went to high
school with you?
Not the earlier
Correct.
grades, it is whenever, I think they call them
whenever they bring, you have no idea.
So it would have
been like 83, '84 when they started
Okay. This is at
Correct, that's where we
met.
is that
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in school?
back
year
have
back
her number at home?
also?
email also after that?
email about this?
lost.
in a few days.
email,
a year,
younger.
graduated when I was 17,
in the first grade,
Page 145
Correct.
Was she the same year as you
Yes, but I had been held
so technically she would have been a
The way my birthday fell, I should
but because I was held
I became 18.
Okay. You mention you have
Correct.
You have her email address
At home, yes.
You said you sent her an
Yes.
Did you say anything in the
I emailed her the day I got
I got lost and I will get in touch with her
Do you still have that
do you know?
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1 Sure, I mean, somebody could
2 get it off of my computer.
3 Just like go into your sent
4 items or whatever?
5 No, everything is gone as
6 far as that goes.
7 Why is that?
8 I mean deleted.
9 Okay.
10 I don't do the fancy stuff
11 like wipe hard drives or anything.
12 It might still be on there
13 somewhere?
14 Right.
15 You think after we leave
16 here today, we're probably going to take a break
17 here and talk a little bit before we finish up, but
18 after we leave here today, do you think you could
19 get us her email address and phone number?
20 Uh?huh, yes.
21 Okay. You guys want to take
22 a break?
23 Give us a minute. We are going
24 to leave the recording on, if that's okay, I am
25 going to check.
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That way we don't have to
2 start it over and all that.
3 Okay.
4 (Break in the interview.)
5 MS. ALIZADEH: At this point they take a
6 break for a few minutes. It is l2zO6. said
7 your lunch was supposed to be here at noon. She's
8 not here, so I think she might have gone to go get
9 it. Do you want to fast forward past the break and
lO keep listening until she gets here or you want to go
ll to the bathroom and kind of
12 How much time is left?
13 MS. WHIRLEY: We got through 55 minutes.
14 MS. ALIZADEH: About another 40 minutes.
15 MS. WHIRLEY: Do you know where to pick up
16 at?
17 (Continue recorded interview of
18
19 When I get nervous I have a
20 tendency of cracking my knuckles, so I apologize in
2l advance. You are going to hear a lot of that later
22 on.
23 So we just have some more
24 questions to just help us understand some stuff.
25 Okay.
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So can you describe again how
you left the complex after the shooting?
Yeah.
When I left, I went
first, second entrance, I went from here and went
over this way. I don't know, I'd have to look at a
map because I don't remember, you know, zigzag
because I popped out in the third parking lot is how
I popped out.
You said something about a
circle that you went around?
Right, well, I went to the
right and then I know I went to the left, and then I
went down a bunch of different streets and I ended
up on the street that went like this.
Okay, a circle.
But you can drive around it
and if I remember correctly, it was a parking lot,
like you can park, but you drive around it. And
then there's some buildings right here and I turned
that way and then I made a left and that street
dropped me off on the side of QT.
Here is the problem that we
have.
That's what I remember.
You are saying you came into
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1 the apartment complex from the direction that QT WAS
2 in, right?
3 Right.
4 And you pulled out of the
5 lot and then you saw all of this?
6 Well, I couldn't, I'm sorry,
7 whatthis that
9 we've talked about, right. You go back to your car
10 and then when you went to leave there, did you turn
11 the opposite way of the way you came in or did you
12 go back the way you came in?
13 I couldn't go the way I came
14 in.
15 Why is that?
16 It was blocked.
17 From the police incident,
18 the shooting incident?
19 Right. Here is the building
20 and the entrance and another, you know, you had the
21 parking lot here and here, or whatever, and building
22 right here. And the officer's car was here and the
23 heavier set Brown was like here, there was no
24 getting in and out of this parking lot.
25 Okay. So where you were in
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the parking lot was past where the body was and
where the police car was, so you had to go the
opposite direction of the way you came in?
Right, I had to go out, I
popped out over here in this third parking lot.
Uh?huh.
Or whatever..
Okay.
Well, you couldn't go in or
out. You couldn't go back the way that you came
into the apartment complex; is that right?
I couldn't go back to the
street QT was on, no.
Okay, that's what I'm asking.
So you couldn't go back the way that you came. So
you went the opposite direction
I went into the
You went further into the
complex?
Correct.
And then back there you were
able to find a way out onto the street where QT is.
Right, correct.
And that was around a circle
drive?
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I remember the circle drive.
I don't know all the different streets I took.
Because I zigzagged through there for about 15 or 20
minutes going up and down streets. I remember a
couple that dead end into parking lots and you go
down it and just dead end into a building, and then
I would turn around and go back.
You never came back there, I'm
sorry.
you said dead end
MS. I'm sorry,
into a building, what kind of building?
Apartment building. If you
go down and you make
MS. How many story apartment?
I don't even know. I just
turned around.
MS. It was at least two or three
stories?
I just turned around. I
went down to that stop and I made a left and then I
know I made the first left and that's where I
couldn't go. Because I had to turn around and I
went back and I went, I don't know where I went.
MS. Was it all Canfield
Apartments, they all look pretty similar?
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At that point, yeah, they
all look the same to me.
I don't know, I just
wanted out of there. But I didn't go back to the
street that QT is on the same way I went. I ended
up way over here.
MS. I just want to explain to you
a little bit, you understand that part of what we do
here is we have to evaluate, you know, basically
every statement a witness gives us, correct?
Correct.
MS. So part of us doing that is
just why we are going through that with you is just
saying, okay, you were here and turned around and we
know you were here.
Because sometimes people will say how does
she know what happened she actually was never there,
she doesn't live in the area. What we are trying to
in fact, were
establish right now is that you,
there, okay?
Okay.
MS. That's just why we are
asking.
Okay. I can't give you step
by step instructions.
MS. That's not what we are
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asking.
I just know for a fact that
it wasn't the same way I came in.
Our job as prosecutors, you
know, we're trying to decide, you know, we're among
the people who would decide whether this case is
charged or whether it is not or whether it would go
to trial or not, okay?
Okay.
So we have to evaluate
witness as we sit here.
She's making me nervous like
I told her the wrong way.
Oh, no.
I only know I went that way.
We're not worried about the
details when you turn left or right whatever.
Okay.
There are a few things that
do concern us some, okay, and just to be upfront
with you.
Okay.
We want to let you know that
basically what you are telling us is that you went
further down into the apartment complex and you were
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able to get out that way without going back the way
you came?
Correct.
There is no way out that
way, that's the thing. We've got investigators who
have been up there plenty and know all of those
streets and
Yeah, there is because when
you go around that thing, there is buildings and
buildings and you go right through that parking lot.
Uh?huh.
And it pops out on a street
that goes along the QT.
MS. Right now, here is kind of a
map of the area. I think that's the circle you are
talking about, here is Canfield Drive, here is the
way you can't get, there is a blockade here and
there is a blockade there. The only way to get out
once you go down this street is to go all the way
down here.
And it has been that way a long time, long
before August 9th and it is that way today. You
cannot get out through that circle.
I came out
Okay. Well,
right there because QT is right there.
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MS. Right, correct, but you
cannot get there from these two streets, it is
impossible.
And there is around the
corner I went somewhere because
MS. The street, the QT goes here
and you cannot get to those streets. There are
blockades, because we've had investigators try to
get out on Canfield and you just can't.
I don't know, I know for a
fact I popped out on the side of QT.
MS. Okay.
I can't change that because
that's where I popped out at. How I got there, I
don't know, but that is how I came out.
MS. You have a tremendous level
of detail in some respects, but then very little
detail in very simple things that I'm not quite
understanding.
I don't know the area. I
apologize if I'm screwing it up, I just remember I
came out alongside QT.
MS. Right.
I know I didn't go the same
way that I did. Did I zigzag and end up how I got
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there, I really don't know.
That's just an example, I
mean, there are a few other things.
I could go back up there,
not that I want to, but I could.
Let me ask you this, we
talked about your computer and your emails earlier.
You think after you leave here you can get us
email address and phone number?
Yes, sir.
Would she tell us that you
were coming to see her that day?
Um, I don't know what she
would tell you, but she definitely tell you that I
had, we were going to, oh, yeah, okay.
Did she know to expect you that
day if we asked her to come in and we said to her,
were you expecting your friend to come visit
you on August 9th?
I don't know.
What would she say?
She knows I was on my way.
What were the two of you
going to do that day?
She has a the same
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age as my and we really want the two kids
to meet, but I wanted to get to see her, I haven't
seen her since 1988.
Why do you hesitate about what
she'd answer, what would you expect to say?
Were you expecting? I don't
know if she'll remember if she was actually, because
it was nothing, we had her address, I told her I was
going to try to stop by. You know, did she really
expect me at a given time on that day? I don't
know. But she will be able to tell you that she
knew that I was headed that way that day after the
fact, does that make sense?
She knew you were on your way?
I don't know what she knows.
So you didn't make a plan
It wasn't an actual, I will
be here at 2:00 I will be here at 1:00 p.m.
Had you emailed her beforehand
to say I might stop by?
Yes.
So that email should be on your
computer too?
Yes, ma'am.
Would you give us permission to
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look on your computer?
Yes.
What if we looked at your
search history, were you doing a lot of reading
about the case and looking at articles about it?
I was for about a week or
whatever trying to find out as much information as I
could as far as, you know, where was it going.
What about like in the last few
days or in the week or so?
It would have been just this
past week.
Did you read about it in just
this past week?
As far as like what, are you
asking if I what?
Did you do internet searches
about the Ferguson shooting, about Dorian Johnson,
about Michael Brown?
I did maybe one or two
searches about Dorian Johnson, that's the skinnier
one.
Uh?huh.
(Stopping the audio recording.)
MS. ALIZADEH: This is Kathi Alizadeh. It
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is 12:18 on October 23rd. We are going to go ahead
and break for lunch because your lunch is here. We
still have a good 20 some minutes maybe to finish
this statement. So rather than let you get hungry,
we are going to feed you. And go ahead enjoy your
lunch and let us know when you are ready to resume
and we will finish the playing of the statement and
then we'll have testify, all right.
(Lunch recess taken)
MS. WHIRLEY: We're resuming at
approximately 1:18 p.m. October 23rd, 2014. We're
resuming the statement of . We
stopped at 11237. And then it kind of skipped a
little bit. I'm at 11241. I'm going to try to get
back a couple seconds and see if that will be easy.
Sometimes not too easy. It is 11229 is as close as
I can get.
(Resuming of the playing of the audio
recording of after lunch recess.)
I believe maybe one or two
searches about Dorian Johnson, that's the skinnier
one. And then when you do a search for any of that,
the easiest way to do is just type in Mike Brown
because everything comes up then.
MS. You think you have done it in
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the last few days?
Yes.
MS. You did some searching before
you talked to the County detectives?
Um, yeah, yes, I'm sorry.
MS. Do you remember a specific
articles that you read?
No, I don't do well reading
and this is why I told, that's why I was held back
and that's why I told the officer that I didn't
think I was the best witness.
MS. All right. Can I ask you
something about that?
Because of the reading.
MS. What do you mean about the
reading, why you wouldn't be the best witness?
Reading is
not the easiest thing.
MS. Okay.
I mean, it's, it does not.
And then when I start to read the words get jumbled
and I get bored.
MS. Okay.
I don't know if that's
or what, but I become frustrated with it and I just
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won't read it. I'll skip and I'll get hit and miss
stuff, and then I will just say forget it and I'll
it out.
MS. What about, do you take any
sort of like, is there any reason that medication
would affect your ability to remember things or
recall things or receive things?
I went to through the
MS. Okay. You said somebody was
born in
MS. You said
It was a head?on collision.
MS. Did you have a traumatic injury
from that?
MS.
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I had
and then the short term memory still is
affected, and then the word thought process, like
what's in my brain doesn't come out of my mouth
properly.
MS. Can you tell me about the short
term memory, what kinds of stuff do you forget?
I get lost really easy.
MS. Okay.
For a while it was really
bad. Like I would go for a walk, I grew up in
at the time of
the accident. And I took a two block walk to
and got lost and didn't know how to
get home.
MS. How does that affect your
memory on a day?to?day basis?
On a day?to?day basis, I
will never remember your name, numbers are
ridiculous. I will never remember numbers. Unless
I deal with something day?to?day or it's a traumatic
experience, 99 percent of the time I will forget.
MS. Okay. And so is it possible
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that there were things you forgot from this that you
want to refresh your memory by looking at things to
make sure that your memory stayed intact for that?
You want me to look at
things?
MS. No, I want to know was your
memory, does your memory problems affect
My memory was affected by
where I was standing because I remember standing in
front of a building, with the parking lot and a
parking lot and a fire hydrant across the street.
But I kept,
I remember being on the officer's
driver's side. But I could not remember, you know,
which parking lot or which way I went to get back to
QT.
MS. Do you take medication?
Not any more. I used to
have to take
MS. Do you take any sort of
medication now that would affect your ability to
remember things or
No, no, I'm not on any
medication, no.
MS. Okay. One of the questions I
have was the guy that you spoke to that you were
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going to ask directions for, what did you say he was
wearing?
Heavy set, green shirt with
braids.
MS. Okay. So you know before
had mentioned there were things we were having
trouble kind of putting the pieces together and in
your previous statement when you spoke to the guy
you described this guy as wearing a, the same color
wife beater shirt.
That's what Dorian Johnson
had on.
MS. Okay. You also said that the
guy that you were talking to was wearing that wife
beater shirt.
Okay. I don't, I know he
had a green shirt and he was heavy set.
MS. Okay.
I might have talked to
somebody else.
The searches online that you
may have seen, does this look familiar to you at
all? Would you have seen that if you were
searching,
does that look familiar to you?
Yes.
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Okay.
Because I was trying to
figure out if that was the gold thing that I had
seen.
Okay.
That's what I asked you before,
right, that's what I was wondering if you used if
you looked or used the article.
I'm sorry.
MS. Did you look online to remember
things?
Yes, yes, ma'am because I
remember the gold thing and the officer's car. I
remember it coming off, a gold thing coming off
Dorian's right wrist and, yeah, I remember looking
at this.
Okay. So what did you search
to get to that article?
I have no idea, Mike Brown,
Mike Brown shooting or Mike Brown shooting in
Ferguson.
I think I searched the name Darren Wilson
a couple of times because I was trying really hard
to figure out how
You know,
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1 but other
2 than that, I've never searched.
3 Did you say earlier
4 the friend that you were going to go by her house,
5 you
6
7 Is that when you
8
9
10 Okay, all right.
11 How did you guys get in contact
12 initially?
13 Facebook.
14 Okay.
15 She's on my friends list.
16 Okay. So you know what,
17 (inaudible) you give us to look at?
18 Facebook, oh, yes, ma'am.
19 Okay. That's just an article
20 we're showing you.
21 Can we take one more quick
22 break, I don't want to take up a lot of your time.
23 If we just pause for a minute, we'll be right back,
24 okay.
25 Okay.
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(The interview takes a break at this
point.)
(Resuming of the audio interview of
we're going to wrap
things up here in just a minute, thanks for your
time.
Okay.
you know what, we have
been through your account, obviously, especially the
news article we just showed you. You know what,
here is the thing, I know there's so much been going
in the community around here and people that just
want to help in either way. And so I just need to
ask, what you told us sounds a lot like what we have
read in the newspaper.
I haven't read any of that,
I swear to God on a stack of Bibles, I looked at
pictures to try to figure out which way I left the
neighborhood and where I was parked.
We know that you looked at that
article that we just showed you because we just
showed
I looked at the picture, I
swear, I swear I did not read any articles.
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We know that you read articles,
and that's fine.
Well, no,
like this, I know,
yes, I looked at that, I looked at that multiple
times because I was trying to figure out if that's
the gold thing that I seen.
What we are trying to
determine here, and you're not in any kind of
trouble.
I swear I have not
That's fine. You are not in
any kind of trouble. What we need to be able to do
out of fairness the
witnesses to this, okay, is just to be able to tell
you is what you are telling us doesn't add up in
with some ways, okay.
Okay.
And that's our concern.
Listen, I know this has been all over the media,
it's been all over the internet. And you talked
before about how you did go back, and you know, it
is human nature to want to go back and look at
what's going on about this thing, okay.
Right.
Our concern is that maybe
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you were very much sort of emersed in going through
this on the internet, or whatever. And you're hear
and you think you are trying to help, but maybe that
you didn't see everything that you said that you
saw, okay.
And it is important for us to be able to
determine who is telling us exactly what they say
and who might have just seen some things and sort of
put those together.
I'm not 100 percent sure
where I was parked.
That's fine, we're not
concerned about where you were parked.
Refresh my memory on where I
was parked and the MapQuest that you showed me, when
you do get down and get close, I used that to help
me figure out how I got out of there.
Right, that's our concern is
because on a map it looks like you could get out the
way that you've described.
I don't know how I got out.
Yeah, I understand that.
Those are details, okay. The point is are you
100 percent sure that you were up there that day.
That's our big question, okay. If you're not sure
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1 about that, we just need to know that, all right?
2 I was there that day, I just
3 don't remember how I got in and how I got out. I
4 don't remember, you know, I didn't hear words that
5 were said or anything like that. I remember, can I
6 look at this?
7 MS. Yeah, go ahead.
8 I remember looking at this
9 because I was trying to figure out if that was the
10 gold thing, what it was. And then I remember
11 watching that a half dozen times.
12 Did you comment on this
13 article, did you send any comments?
14 When this first happened, I
15 made comments for the first few weeks. Some were
16 really obnoxious, some were pretty vulgar and then I
17 realized that that is not the Christian thing to do.
18 You talking about actually
19 typing comments?
20 On Facebook.
21 On Facebook, okay.
22 What sort of comments did you
23 make?
24 I used the word a few
25 times, a half a dozen times. I used the word a
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few times. I was not, I was having a hard time
dealing with what I did see and trying to remember
things that I knew I seen, but I couldn't remember.
That's what we're worried
about. It is understandable you said you have
memory problems, if you are trying to fill in the
gaps by using the internet and reading things, is
that possible.
That is possible. I know
what I seen though, I know that I seen the
altercation in the car and I know I seen the shot
that killed him.
But a lot of what you told
us today you've actually had to fill in the blanks
because your memory problems by looking at the
internet.
As far as where I park and I
how I got in and out, yes. And where I was
standing, I remember being in front of that building
and the only thing I remember is there was a fire
hydrant right across the street, that I do remember.
MS. Did you notice any other cars
in the area, any other people standing around?
When I left over here, when
I was over here, there was a really nice yellow car,
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really nice.
MS. It the parking lot or in the
street?
Half and half. It was like
it had pulled in this way, because I couldn't get
out that way at first.
MS. Out of the third parking lot?
Correct.
MS. I'm talking about in the
area, a lots of people were in that area and you
said you saw lots of people around, but other than
that guy you were standing right next to as you are
watching this scene unfold, did you see cars on
either side of the street because it is noon,
there's going to be cars there that want to come
through.
There was that and then over
here there was a white car, I think it was a
two?door and then there was that really nice yellow
car. I remember thinking it was really sweet.
MS. Right behind the white car,
two?door car.
No, I remember the yellow
car being in the third parking lot. Like it just
had pulled in.
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1 MS. So the white two?door car,
2 was that really close to where?
3 There was another car there
4 too because that entrance was blocked, I could not
5 go out right away.
6 MS. The third entrance?
7 Correct. The white car with
8 the two door
9 this is something
10 else I want to ask you about. These pictures here,
11 neither of those are your car, right?
12 No, I remember being it like
13 white.
14 I'm talking about your car,
15 would that be your car?
16 Oh, my car. What kind of
17 car is that?
18 What kind of car is yours?.
19
2O That's like a small sort of
21 station wagon?
22 Yeah says it's a
23 station wagon.
24 Okay. But neither of these
25 is your car; is that right?
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No, sir. Doesn't look like
it, I don't have tinted windows.
Okay. And these are two
different cars here.
I thought you were asking me
what it looked like the car that I seen.
Yeah, no, I'm talking about
your car. Neither of these pictures is your car; is
that right?
No, sir. My car that was I
in was there.
It is actually out there
today, right?
Yes.
It's a
It is a
And that's the thing is, we,
you know, were aware of your previous statement and
the investigators went back and pulled pictures of
any cars that would have been going down the
street when all of this happened that day. There
doesn't appear to be any car that matches the
description of your car. That was another concern
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1 that we had as it appears that this car was not
2 there at the time that this happened.
3 Okay, well, I was there.
4 How do you explain that?
5 I don't know how I got in
6 and out. I don't know what cameras took pictures.
7 Okay. Is it fair to say at
8 least that at least some of your account you have
9 had to go back and find that information on the
10 internet in order to fill in the blanks; is that
11 right?
12 Yes, sir, because like here
13 I was trying to figure out if that was the gold
14 thing I seen. This one I remember looking at
15 because I was trying to figure out which hand it was
16 because I knew it was the hand that had nothing on
17 it.
18 Okay. But some of the
19 details in your account you have had to go back on
20 the internet to get those details?
21 Not what I seen, just
22 details as far as the way cars were positioned, yes,
23 and where I was located and how the parking lot.
25 Some of the other things
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1 that you talked about, the bracelet and those
2 things?
3 Well, the bracelet I
4 remember. That I know that he had on and I watched
5 that come off and I don't know if that's it or not,
6 but that's what I was looking for, yes. I was
7 trying to figure out where (inaudible) and so forth.
8 I couldn't remember if it was the right or the left.
9 I couldn't remember actually where it landed, but I
10 do remember it fell off his wrist cause I remember
11 him trying to pick it up.
12 I remember looking at this, I'm sorry,
13 because I was trying to figure out what parking lot
14 I was in.
15 Okay. You are talking about
16 a picture that's in the article that we showed you?
17 In this one?
18 Yeah.
19 Is that the same article? I
20 was more into the pictures.
21 Okay.
22 Because I was trying to
23 figure out, you know, because there's the first
24 building parking lot, parking lot and there is a way
25 to get over to this third parking lot.
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1 All right.
2 So I don't know, I mean, I
3 don't know how I got out. I mean, I could have
4 ended up going in circles and I could have ended up
5 going over here, I don't know.
6 MS. Just kind of go onto after it
7 happened, you were making some comments, you were
8 really angry. You said you used the word, what
9 kind of comments would you make when you used it?
10 Word for word?
11 MS. Uh?huh.
12 They need to kill the
13 fucking niggers. It is like an ape fest, and then,
14 it just, it is just not right. It is just not
15 right. So I put my, focused my energy into with a
16 couple of Wilson supporters and we made
17 and we
18 have been collecting donations and we have schools
19 making homemade Christmas cards.
20 You are doing what you can
21 to help Darren Wilson?
22 Right, I quit posting on
23 any, you know.
24 MS. Okay. But when you did post,
25 can you give me that user name you used? Did you
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just use your
Yeah, I don't Twitter, I
2
3 don't know how.
4 MS. Okay.
5 I think I have Twittered
6 three times in my entire life.
7 MS. And is your name Yeah, my is
13 the bluehave no
16 idea what my banner is.
17 MS. You said EIN number, what is
18 that?
19 MS. Social Security account
20 number for a business.
21 Right, you can apply through
22 the IRS and make it nonprofit. If you are going to
23 buy and sell and do things, then you need something
24 called that?
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1 I don't need a they said
2 because we're not doing that, all we're doing is
3 straight up collecting donations for, like we have
4 is making homemade Christmas cards.
5 MS. Okay.
6 is
7 decorating homemade Christmas box.
8 MS. How many people are in this
9 organization that you formed?
10 Three. There is myselfcell phone, and then
12 another girl that keeps saying she wants to be in
13 it. I have a ton of emails with her, but her
14 husband won't let her. Her name is
15 MS. what?
16 I don't know.
17 MS. Do you have position in this
18 organization, there is two of youMS. Okay.
22 And the ETN number things is
23 in my name.
24 MS. What's the
25 name?
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The page?
2 MS. Yeah.
3
4 and then it is nonprofit, and we label that it is
5 nonprofit.
6 MS. You just started this after the
7 shooting?
8 Correct.
9 MS. How long after the shooting did
10 you start it?
II I don't know when the
12 was created in August. I don't know when the page
13 itself was created. I believe the was created
14 in August, or whatever. And then it got changed to
15
16 MS. Okay.
17 Actually, only been doing
18 with that name for what, a few weeks now.
19 Basically, you are doing
20 what you can to kind of help Darren Wilson with all
2l of these efforts, is that fair?
22 I think a lot of the
23 is kind of selfish. It was more for
24 myself being, because I do support law enforcement
25 and I felt bad with what I had
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1 I can't
2 In coming in here and
3 talking to us, are you trying to help Darren Wilson
4 by talking to us here today?
5 I don't know if that helps
6 him or not.
7 Okay. You mention before
8 that your husband,
9 is that right?
10 Uh?huh.
11 Have you had any kind of
12 similar issues at all?
13 I was diagnosed as
14 when I was 15.
15 Okay.
16 I'm not medicated for that.
17 That is one of the things that they say later on in
18 life they said
19 Which also interferes with my ability to
20 focus on reading and so forth.
21 But as I got older and worked my way
22 through therapy.
23
24
25
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Okay. Listen, it was good
to meet you today and thank you for your time.
I'm sorry if I wasted
No, you didn't
I know what I seen, I know
you don't believe me. As far as being out there, I
know I probably searched too much to try to refresh
my memory.
It is not a matter of believing
you, it is difficult when you say to us that you are
posting things online that people might consider
racist.
It is racist and that's why
I turned to the other thing.
So you are posting racist
things online and you are telling us, you know, and
you are telling us, you know, your account and then
there are videos that doesn't show your car. And
then there is a map that shows you couldn't left the
way you left from.
I don't know how I left.
But, obviously, we find out
what people's motivations are when you say you
posted things online that are racist and you come in
here and tell us an account that supports Darren
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Page 183
1 Wilson. We're not saying
2 Well, it is not for Darren
3 Wilson, it is all first responders. Because we do
4 fire department, we do EMS, or whatever, and local
5 law enforcement. We do not focus, we do not post on
6 Darren Wilson.
7 You raised money for Darren
8 Wilson.
9 No, we're doing it for the
10 local law enforcement that have been dealing with
11 the riots, not Wilson himself.
12 All right. But as you said
13 in your first statement, I meanbest witness because of your memory problems and the
15 other issues that you have.
16 Right, oh, I know that.
17 Okay.
18 And in part why I didn't
19 come forward.
20 Okay. I know you said that you
21 think we don't believe you, but do you think overall
22 we treated you fairly here today?
23 Oh, I do yes, ma'am. I have
24 no problems with, you all make me nervous as heck.
25 Okay.
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I have no problems with law
enforcement, even the officer that was forced to
arrest me when I grabbed the wrong checkbook.
Okay. Did we force you to say
anything you didn't want to say?
No, ma'am.
MS. Okay. I'm going to end the
recording. The time 3:52 p.m.
MS. WHIRLEY: So that ends the recording
of It is approximately 1:43 p.m.
October 23rd, 2014. Let me go get that witness.
of lawful age, having been first duly sworn to
testify the truth, the whole truth, and
nothing but the truth in the case aforesaid,
deposes and says in reply to oral
interrogatories, propounded as follows, to?wit:
EXAMINATION
Could you please introduce yourself to the
grand jurors?
My name is
And do you go by
Yes.
10 IO
How old are you,
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October 23, 2014
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A
And whereabouts do you live?
A
Did you grow up in St. Louis?
A Since the age of five, yes.
Okay. And I'm going to stand back here.
That's because the microphone that's there is not
going to amplify your voice. If I can't hear you,
then I know they can't hear you. So make sure you
keep your voice up loud enough all the way back
here, okay?
A Okay.
Now, you know why you are here
today, correct?
A Correctbrief discussion,
well, earlier today and just now before you came in,
right?
A Yes.
And you had originally made a statement
with St. Louis County Police Department detectives;
is that right?
A Yes.
That was when, do you recall?
A No, ma'am.
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1 If I said September 11th, does that sound
2 about right?
3 A I have no idea.
4 Okay. And then just yesterday you met
5 with some FBI agents and assistant U.S. attorney and
6 an attorney from the Department of Justice and you
7 talked to them a little over an hour and a half; is
8 that about right?
9 A Yes, that's correct.
10 Okay. Now, when you and I met prior to
11 your testimony, I told you how this was going to
12 work in here. That you are going to be under oath
13 and I'm going to ask you questions and Sheila may
14 ask you questions, Miss Whirley, the attorney there
15 you had already met, and then the grand jurors get
16 to ask you questions, okay?
17 A Okay.
18 Did I stress outside to you how important
19 it is that you tell the truth?
20 A Yes.
21 And did I tell you that if you lie under
22 oath, if you intentionally lie under oath to this
23 grand jury, did I tell you what the consequences
24 would be?
25 A Yes.
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this year,
I told you that that's a crime and
considered perjury?
Yes.
Do you intend to tell the truth to the
grand jury today?
Yes.
All right. So,
8 out by telling the grand jurors back on August 9th
Yes.
And when we say
13 are all thinking
I guess.
It is not
Oh, no.
County?
Yes.
The
Yes.
All right.
22 about that day, that morning, did you have any
23 particular plan or was there something going on?
I went to go and I wanted to meet up with
25 an old friend of mine from high school.
why don't you start
were you still at that time living in
Was there anything special
Page 187
I assume we
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1 And what's the name of this friend?
2 A Her name is
3 And how long have you known all
4 through high school or just at the end of high
5 school?
6 A We met in our freshman year of high
7 school.
8 Were you friends in high school?
9 A Yes.
10 Did you maintain your friendship after
11 high school?
12 A Not really. We went our separate ways
13 until we reconnected
14 How long ago was it that you reconnected
15 with
16 A Well, I got my in 2010,
17 so it would have been shortly thereafter.
18 So you've been communicating with
19 for about four years?
20 A Here and there, not on a good friend type
21 basis, no. I mean, quick messages,
22 you know, she sent me some pictures of her daughter.
23 All right. And did tell you where
24 she lives?
25 A She lives in
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1 In is the City of St. Louis
2 County?
3 A It's in yes.
4 Okay. So what made you decide to Visit
5 on the 9th?
6 A We had talked about getting together and
7 we kept postponing it and I decided I was going to
8 go meet up with her because I wanted to see her and
9 spend time with her before we let our children meet.
10 She has a the same age as my
11 And what age is thatthat you needed to meet
14 up with her before you would let her meet
15 your I mean, they're old?
16 A I hadn't seen actually hadn't
17 face?to?face seen her since
18 And so was there some concern that maybe
19 you didn't want your to be socializing with
20
21 A No, I'm just cautious over where my kids
22 go and there are other friends that I have from high
23 school that have drug addiction problems and so
24 forth. I just make sure that before I let my kids
25 go anywhere, I go first.
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Did you think that had a drug
addiction?
A No, no, but it's just the way I am. I
have to go and I have to see the house, I have to
visit and make sure that it is where I want to leave
my child for a play date or whatever.
So did you ever consider inviting to
come down to your house?
I mean, your house, you
would know your house is a safe environment, right?
A The last time I had spoken, actually
spoken to her, she did not have a vehicle.
All right. So did you then have your
with you on that Saturday when you were
going to go visit
that you and had
arranged for this get?together on Saturday?
A I had told her I was going to pop in on
Saturday and she said that was fine.
And was there any other detail about this,
like you get there around noon or it would be in the
afternoon or?
A We were going to have lunch together.
Were you, did you go someplace for lunch
or have lunch at her place?
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was never
A
old?
heard, no.
name?
lO IO !0
close since
school and then we went,
separate ways,
chat there.
correct?
Page 191
Have lunch at her place, I guess, but it
discussed.
All right. Now, is married?
NO.
Does she have other children besides her
Not that I know of, not that I've ever
So what is her old
Yes.
And do you know where she goes to school?
No.
What does do?
I have no idea.
Is she employed?
I have no idea. We haven't been that
We were really close through high
like I said, we went our
other than a quick chat here and quit
You've seen her I guess,
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A Correct.
Does she post things about herself on her
A Here and there and her
So you have seen, does she say anything
where she's employed, how you can fill out your bio
on your
A I have no idea. I've never looked at the
about part of it.
What about a telephone conversation, have
you had a telephone conversation with
A Just one, two.
When did that happen?
A One happened towards the end of July and
then again August 10th.
What was the reason for those
conversations?
A The first one was I was going to come up
and just pop in, we could have lunch and I got lost
as all get out and I didn't make it.
So the one in July was in order to plan
for this, was it a vague plan that you made on the
phone conversation in July, or did you say on
Saturday the 9th I may pop in?
A I just said around on that weekend I was
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going to try to pop in, would she be around. And
she said, yes. Because that was a scheduled weekend
for my kids to go with their dad.
So driving from all
the way up north, I mean, that's not right around
the corner, obviously?
A Right.
Did you call her before you left to make
sure it was still on or that she was going to be
home?
A No.
What about, when you guys made this plan,
did she give you directions on how to get to your
house?
A I Googled it to a point and then got basic
directions. But I misunderstood the directions and
I misunderstood where she lived, so I had it all
wrong.
Had you used Google Maps before?
A I have.
You know when you put in an address of
where you're starting, an address of where you're
stopping, of where you're going to, it gives you not
only a step?by?step, turn?by?turn direction, but it
always gives you a map that shows you where you are
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Page 194
1 going, right?
2 A Correct, but I had put in the wrong
3 address.
4 How is it, did you have the wrong address?
5 A Yes.
6 Did give you the wrong address?
7 A No, I wrote it down wrong. It is
8 something I do.
9 So do you recall what the address was that
10 you had written down?
11 A The one I had written down at home I think
12 was but I'm not 100 percent sure.
13 So you put that address in Google, did you
14 print out directions or get directions?
15 A I got directions. No, I did not print it
16 out.
17 Why not?
18 A Because I don't have a printer.
19 Now, we've already heard that said that
20 you have problems with your memory, did you write
21 down the directions?
22 A I wrote down basic directions, not the
23 entire length, no.
24 Now, we know that you didn't get to your
25 friend that day, correct?
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A Correct.
And you didn't have a cell phone with you
when you drove up there, right?
A Correct.
So how is it that you know that you have
the wrong address for
A How do I know I had the wrong one?
Yeah, you just said that you put the
address in but it was the wrong address.
A Because I never found it. And when I got
up there I was told that they didn't know what I was
talking about or that address wasn't around that
area.
So you assume that meant you wrote it down
wrong?
A Correct. It's common for me.
So did you have a cell phone at this
point?
A I had an inexpensive phone that I had
given my old that was using.
So you set out on your own by yourself?
A Yes.
Drove up to North County?
A Yes.
From your home
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1 A Yes.
2 Did you tell anybody that you were going
3 up there like, you know, your other children, a
4 friend or neighbor, hey, I'm going to go up to visit
5 my friend in this afternoon?
6 A I don't know that I told them I was going
7 to I said I was going to visit a friend.
8 Who did you tell that to?
9 A Everybody, that lives upstairs and a
10 woman named that lives in the complex.
11 So weren't you at all concerned, well, let
12 me ask you this, are you familiar with North County?
13 A No.
14 Do you know the streets and the places up
15 in North County?
16 A I know basic directions, but no, not
17 really.
18 So were you at all concerned that you were
19 going up to North County and to a place that you
20 were really not familiar with to visit a woman you
21 haven't seen in, I don't know, since
22 A I know it sounds sillyall the time.
24 And so when you got up there, when is it
25 that you first realized that you didn't know where
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you were going?
A I don't remember the name of the street.
I think it was Florissant Road, I had gotten off the
highway and I had gone all the way down that street.
So which highway did you get off of?
A I guess it is still called 270 up there.
I get on at and follow it up.
Do you remember what exit you got off at?
A No.
The name of the street?
A No.
So when is it that you realized that you
didn't know where you were, right when you got off
the exit?
A About a block after the exit I decided I
better stop and ask for directions.
So did you?
A I went down a ways and asked for
directions at QT.
About how far did you go down West
Florissant before you stopped at the QuikTrip?
A I don't know because I went right a couple
times and then popped back out onto that other road.
So I don't know how far down it was.
So you stopped at QuikTrip and you talked
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to somebody that worked there?
A I talked to a gentleman that was pumping
gas. When you pull into the QT, when you make a
left into the parking lot, the guy was just right
there.
So just some stranger that you approached
and said, what did you ask him?
A I asked him if he knew where, well, then I
asked him if he knew where that address was, which I
believe is but I'm not sure.
And what was his response?
A He asked to see the address. I showed it
to him. He said, are you sure, he asked if I was
sure that that was where I was trying to go. He
said he hadn't heard of it. And I asked him, told
him I had done a couple of turns and asked him which
way 270 was.
So after you left there, did you go back
to 270?
A No, instead of making a right out of the
gas station I made a left.
Was that an error?
A Yes.
So you asked this guy for directions and
you decide to go back to 270, but right out of
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Page 199
1 QuikTrip you take a left?
2 A Yes, that's my short term memory problems,
3 yes.
4 So then where did you go after you turned
5 left off of, onto West Florissant from the QuikTrip?
6 A Another immediate left.
7 All right. Where did you go after that?
8 A That's when I ended up in there.
9 When you turn, when you pulled out of the
10 QuikTrip, did you pull directly onto West
11 Florissant?
12 A It is not that side street, I turned onto
13 the busy road. I guess that was West Florissant. I
14 don't know the street names.
15 All right. And then you found yourself,
16 you turn left and you were, where were you when you
17 turned left, why is it that you turn left?
18 A Because I had felt like I went the wrong
19 way.
20 Okay. So you were going to turn around?
21 A Yes.
22 So what street did you turn onto, was it
23 the street that led you into the complex?
24 A Yes.
25 So when you first turn onto that street,
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when you are on West Florissant when you turned onto
that street, did you turn right or left?
A Left.
All right.
And so when you then, as soon
as you turn onto Canfield Drive off of West
Florissant, is that where the apartments are?
A No, I went down past a few streets first.
Are there apartment buildings or
businesses or restaurants or do you recall?
A I don't remember. I just remember I went
down and went past a couple of streets on, I believe
it was the right?hand side.
Why would you go past those streets, why
wouldn't you turn around, you turned onto Canfield
so that you could turn around and go back to 270,
didn't you?
A Yes.
You didn't turn around when you had an
opportunity to turn around?
A I don't yes, correct. I don't make
turns in the middle of the street and I don't pull
into people's driveways. When I realized the
apartments were there, originally, I thought I was
just going to turn around in the parking lot and
decided to ask for directions again.
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Page 201
1 So the map that is right here to your
2 right is Grand Jury Exhibit Number 25. Do you
3 recognize this map, the streets, the buildings, does
4 that look familiar?
5 A I recognize the buildings, yes.
6 Okay. Do you see this street that kind of
7 snakes across the whole map, you see that is
8 Canfield Drive?
9 A Correct.
10 To reference and orient you, West
11 Florissant is over here. (indicating)
12 A Okay.
13 And that's to the left side of the map and
14 back here is
15 A The complex.
16 Well, you are driving further east at that
17 point, okay?
18 A Right.
19 So is it this street that you came onto
20 into the complex?
21 A Yes.
22 Can you use that laser pointer and tell me
23 how far you got before you stopped your car?
24 A Before I stopped it?
25 Where did you go?
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A I parked right there. Right where that
car is. (indicating)
Okay. So you drove east on Canfield, did
you turn right then on Caddiefield Road?
A Yes.
You put the laser pointer right here?
(indicating)
A Right, I pulled into that one. There was
a lot of vehicles, there was vehicles there that
didn't look like, you know, they were busy and the
parking lot was full, so came down to this one.
So you took the second right?
A Correct.
Once you were in the complex?
A That's what I believe, yes. I was lost by
then and that's where I believe I was, yes.
All right. And so when you first pull
into the complex, you know, I know that you said
that you first saw a police vehicle and there was
some boys?
A Correct. Well, I had already gotten out
of my car.
All right. So when you pulled in here and
turned right, I have to go like this, right turn
onto Caddiefield, at that point you hadn't seen the
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police vehicle or the boys?
A I don't know if the boys were there or
not, I wasn't paying any attention. I was paying
attention to just parking and I had not seen the
officer.
As you drove down this way, if there was a
couple of guys walking in the middle of the street
you would have noticed them, wouldn't you?
A No.
In the middle of the street?
A People do that all the time everywhere.
You just watch out for them, you don't hit them and
you don't pay attention to who they are.
So if there were people walking in the
middle of the street, you wouldn't have paid
attention to it?
A I would have paid attention, you know,
making sure I didn't hit them. I would not have
paid attention to who they were.
Do you remember if there people, boys
walking in the middle of the street?
A There were people walking in the middle of
the street down here and then there was people
walking in the middle of the street up here. I
don't remember if there was some right there or not.
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1 Okay. The people that were walking in the
2 middle of street up here. (indicating)
3 A Yes, they were young.
4 What does that mean?
5 A They looked young, under 18. And I won't
6 ask an under 18?year?old for directions, I won't
7 roll up on a child.
8 Were they boys, girls, ten of them, two of
9 them?
10 A Just two boys.
11 Two boys?
12 A They were just walking.
13 Which direction?
14 A Towards that way. (indicating)
15 They were walking west?
16 A Correct.
17 Toward West Florissant?
18 A Yes.
19 Were they in the street or on the
20 sidewalk?
21 A They were in the middle of the street at
22 that time.
23 Okay.
24 A But when I came down around the corner
25 they stepped off to the side.
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Those two boys that you saw, were those
the two boys that you later describe at the police
vehicle?
A I don't know. They looked young to me, I
don't know.
You don't think it was the same?
A They looked like teenagers. I don't know,
I canwasn't. I just
remember there were two boys there at that time.
So you drove, continue to drive and turn
right onto Caddiefield Road, you said you saw some
people walking in the street around this area, which
would be somewhere between Coppercreek Court and
Canfield Court?
A Correct.
Were they boys, girls, how old, how many?
A Two or three. I don't remember, I didn't
really pay much attention and they look like girls.
All right. So what did you do after you
turned onto Caddiefield Road, did you park in a
parking spot or did you stop your vehicle?
A I parked in the parking spot right there.
Okay. Show me again?
A In these parking lot spots.
Okay. So right around here? (indicating)
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A Yes.
So somewhat on the southeast side of
Caddiefield Road?
A Correct.
And then you say you got out of your car?
A Correct, because there was a whole lot of
people right there and I walked up to the oneyour car?
A Main reason was to ask for directions and
then I decided to have a cigarette, so I got out.
At this point you know you're lost, you
know you turned off of West Florissant and drove
straight down Canfield Drive.
A Correct.
You are trying to find 270, right?
A Correct.
Why would you just not turn around here
and then go back up to West Florissant?
A My memory on my directions does not work
like other people.
Well, you knew your friend was expecting
you?
A Right.
You were going to have lunch with her.
You had no way to call her and say, hey, I'm going
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to be late because I'm stopped, I'm lost, and I'm
stopping to have a cigarette, but you just decided
to get out of your car and stop, ask directions and
have a cigarette?
A I stop to ask for directions and I went
ahead and lit a cigarette, yes. At that time on
that day I did not smoke in my vehicle.
Who did you ask for directions?
A I asked a gentleman that was standing
under the tree.
I'm guessing you didn't know him, you
haven't seen him before?
A No, ma'am.
Was it a black man, a white man, Hispanic?
A African black man, African?American.
Teenager, older than me?
A I remember him being older.
Okay. What did you ask him?
A I asked him if he knew how to get to the
nearest highway. I figure if I can get to any
highway, I'd be fine.
What did he tell you?
A He started to give me directions, but he
was looking in the direction of that way as he was
And that is when
talking, so I did not hear him.
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I all of that other stuff
2 Have you lit your cigarette at this point?
3 A Yes, I have.
4 So you're standing there, he's giving you
5 directions, but he's not talking directly at you so
6 you can't hear what he's saying?
7 A Right, right, I could not get step?by?step
8 instructions when he was looking the other way.
9 Did you have a piece of paper and
10 something to write with?
ll A No.
12 You were just going to try to remember
13 what he was going to tell you knowing that you have
14 a problem with directions and short term memory?
15 A Yes.
16 So what happened then when you were
17 standing there talking to this man?
18 A That's when the officer drove up, which
19 I'm not 100 percent sure, I want to say he was like
20 approximately right there when I seen him and he was
2l talking to the two boys. His mouth was moving and I
22 don't know what he said. Then he started to pull
23 forward and when he was about here, he started to
24 back up.
25 So you're standing about somewhere in this
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area under a tree?
A Correct, like right there. (indicating)
Right at 2960; is that right?
A Okay, yes.
Does that say 2960, hang on?
A I can't
Hold, please, yes 2960.
A Okay.
So it was right in front of here?
A Correct.
And so where did the police officer come
from?
A From this way. (indicating)
And what was he driving?
A It is a big vehicle. I didn't know what
kind of vehicle it was at the time. It is a marked
police car.
Is it a sedan, is it a van, is it a pickup
truck?
A I know now it is an SUV, at the time to me
it was just a bigger vehicle.
Okay. So when he drove up, where does he
stop the vehicle?
A I don't remember the first time. The
first time he just drove up and like around this
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area and said something to the boys and then drove
2 on.
3 So where were these boys he stopped and
4 talked to?
5 A In the middle of the street.
6 Where did they come from?
7 A I was talking to that other guy, I have no
8 idea.
9 It wasn't these kids?
10 A It wasn't those because I believed that
ll they were female.
12 It probably wasn't these guys since these
13 guys, they were walking that direction?
14 A I don't know.
15 So you don't know where those boys came
16 from?
17 A No, ma'am.
18 So when the officer pulled up on them,
19 were they on the side of his vehicle?
20 A I don't remember the first time, the
2l second time they were, they were on the driver's
22 side when he backed up. I didn't pay much attention
23 to anything until the second time around.
24 What do you mean the second time around?
25 A When the officer put the car in reverse.
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1 So the officer stopped, talked to the
2 boys.
3 A He said something, I don't know what he
4 said.
5 Did the boys look like they were talking
6 too or did they just keep walking?
7 A It wasn't paying any attention to them.
8 He rolled up on them, he slowed down or stopped, I
9 don't know.
10 And then what happened?
11 A His mouth moved and then he started to
12 pull forward and didn't go forward very far and then
13 he put it in reverse and came back.
14 All right. When he put it in reverse and
15 came back, did he do that quickly, slowly,
16 leisurely, did he spin his tires, did you hear the
17 screech of tires when he backed up?
18 A I don't remember. I just know I was
19 talking to that guy. I looked, the officer was
20 talking to him. I looked back to the guy and then
21 something caught my attention and I looked back over
22 there and he was coming in reverse.
23 So when he reversed, were the boys still
24 in the street?
25 A When I looked over there, when he came in
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reverse, it was like his car was like that and they
were at his driver's side.
So did they stop or were they still
walking when he backed up on them?
A When I looked back over there they were
stopped.
And how was the officer's car parked, I
mean not parked, I know it wasn't parked. How was
it when it came to stop?
A Like not straight on the street, like he
was backing into on the curb.
So whereabout was the vehicle when it came
to a stop?
A I'm not 100 percent sure, but around this
area right here. (indicating)
So if the vehicle had been traveling that
direction.
A Correct.
When it came to a stop.
A It was pointed
I want you to use this. Come up here and
show me, I know this is way bigger than the vehicle,
but if the vehicle is traveling like this when it
came to a stop, how was it?
A Just like that. Like it was backing up to
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the curb with the head of the car going
that way.
Was the front of the car still in the
correct lane, the right side lane?
A I don't remember, I believe so.
What about the rear of the vehicle, was it
in the other lane at this point?
A I don't remember. I know it was like he
was backing up to the curb area.
So do you recall what, tell the jurors
what happened then, after he backed up and the boys
were at the side of the car?
A He said something, I don't know what he
said and then the next thing I remember the heavier
set one was in the window from his naval up.
His naval being his belly button?
A His belly button.
So his upper body was inside the police
vehicle?
A Correct.
Do you see inside the police vehicle?
A No.
Before he, before the bigger guy put his
upper body in the police vehicle, could you see
inside the police vehicle?
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A Before?
2 Yes.
3 A Just the side View of the back, side View
4 of the officerwoman?
6 A It was a male.
7 White or black or Hispanic or something
8 else?
9 A White.
10 Uniform?
11 A Yes.
12 What color?
13 A Blue.
14 Did he have a tie on his uniform?
15 A I don't remember.
16 How about long sleeves or short sleeves?
17 A Don't remember. All I seen were the
18 shoulders.
19 Well, at some point you see him get out of
20 the car, right?
21 A Yes. I don't, I didn't look into the
22 detail of what they were wearing.
23 How about the officer, was he wearing a
24 hat, like his policeman's hat or a baseball cap?
25 A No. The other guy was wearing a baseball
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1 cap.
2 Which other guy?
3 A The heavier set African?American.
4 What color was it?
5 A Red.
6 What color were his shorts?
7 A Khaki.
8 How about his shirt?
9 A I don't remember, I think it was white,
10 but I'm not 100 percent sure.
11 How about the officer, what color were
12 did he have shorts or long pants on?
13 A The officer? I don't know, I wasn't
14 focusing on him, I was focusing on the heavier set
15 African?American because of what he was doing.
16 How about were his pants darker than his
17 shirt, same color?
18 A Who?
19 Lighter than his shirt?
20 A I don't remember.
21 So after you saw him back up, you saw the
22 bigger guy put his upper body inside the vehicle,
23 what did you see happening then?
24 A I just seen his right hand moving up and
25 down.
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Whose right hand?
The larger, the African?American, larger
one.
Could you tell what it was doing?
A No.
What about the other boy, what was he
wearing, what did he look like?
A At that time he had a black T?shirt on and
he had, his hair was braided.
Braided?
A I believe, I mean.
What about, what was he wearing?
A I don't know what color shorts he had on.
But you remember shorts?
A No, I mean, I don't remember from the
waist down, I don't remember the bottoms, I only
remember the dark shirt.
So what was the smaller kid doing?
A When he first went in, when the officer
tried to open the door, the heavier set one pushed
it shut with his hand open. The second time I don't
know if he punched it with his hands or with his
stomach. And then by the time he punched it shut
the second time, the skinnier one punched the rear
view mirror or the mirror that's on the side of his
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car with his wrist.
So the skinnier one was up by that side
mirror, are you talking about the side mirror?
A Yes, right outside the door.
Did it break the mirror?
A Something fell off his wrist and I believe
that the mirror broke, yes, but I can't remember now
at this point 100 percent sure.
Did you see glass on the ground?
A No, I seen something gold fall off his
wrist.
Off of the skinnier guy's wrist?
A Correct.
And you remember it being gold?
A Correct.
And then what happened then?
A He went to bend down to pick it up and
that's when I heard the gunshot.
The skinnier guy went to pick it up?
A He went to pick up whatever fell.
The gold thing?
A Yes.
Did he pick it up?
A No, I don't think so. I don't remember if
he did or not. I just remember he went down too as
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1 he's picking it up.
2 So were there other cars at this point
3 behind the officer's car or in front of the
4 officer's car, you remember seeing other cars?
5 A I only remember seeing, really focusing on
6 two other cars. There were other cars there yes,
7 there were other people there yes, but the two that
8 caught my attention was a white two?door that was
9 catty?corner that was across like approximately
10 right there, in this stretch. And then there was
11 a at that time that was the only car I seen. And
12 then after it was all over I seen a really nice
13 yellow car, like a sports car.
14 That yellow car had nothing to do with
15 what's going on?
16 A No, those are the only two vehicles that
17 really, and the white one caught my attention
18 because it was in my eyesight the other one was
19 because of the type of car it was.
20 What about any vehicles in front of the
21 police officer's car, did you see a blue truck?
22 A (Shakes head.)
23 Minivan?
24 A (Shakes head.)
25 Don't remember?
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1 A Don't remember.
2 So what happened then if you get to the
3 point where after the gunshot went off, you said you
4 heard a gunshot?
5 A Correct.
6 What happens then?
7 A The skinnier one took off running in that
8 direction.
9 Toward West Florissant?
10 A Yes. And then the other one, he stood up
11 and pulled his shorts up and ran this way.
12 (indicating)
13 So he ran right past you?
14 A Correct.
15 Was he running in the middle of the
16 street, on the sidewalk, on the grass?
17 A He wasn't in the sidewalk or the grass,
18 but he wasn't really in the middle of street. He
19 was like coming, you know, he ended up in the middle
20 of the street, but he started over here and went
21 this way. (indicating)
22 When you first heard that gunshot ring
23 out, did you recognize it as a gunshot?
24 A No, I had never heard a gun before other
25 than on TV. Common sense told me it was.
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So after you saw the bigger guy running
2 away from the police vehicle, what did the officer
had his left
5 hand on his face and the gun in his right hand and
6 when he stood up, he was wobbling from his left foot
7 to his right foot. He said something, I don't know
8 what he said. All I remember hearing is the word
9 shoot. I didn't hear any other words before that.
10 And he had his hand on his gun and he was pointing
ll it right at the larger of the African?Americans.
12 And after he said the word shoot, that's when the
13 young man turned around.
14 The young man, the bigger guy?
15 A Yes.
16 And when he turned around, did he have his
17 hands up?
18 A When he first turned around, he turned
19 around with his hands swinging and they were more
20 down like this with his palms open in the form of an
2l attitude that you get from a teenager. Like, you
22 know, what are you going to do about it.
23 (indicating)
24 Okay. When he swung around then he, point
25 with the laser pointer where he was when he turned
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around?
A Approximately like right there.
(indicating)
So, again, that's like right in front of
you?
A Correct. I've more over here though, but
yes.
Did you see any bullet injuries on him at
that point, blood on his shirt?
A I was not looking.
MS. WHIRLEY: Excuse me, 2:30.
MS. ALIZADEH: You all want to ask
questions now and then if we can't finish today,
we'll see if she can come back on another day, is
that all right?
I'm going to let them ask you some
questions, see if we can finish up today.
Anybody have any questions?
So we heard your recorded
statement earlier, okay.
Yes, ma'am.
In that recorded
statement you admitted to posting that stuff that
was racist.
Yes, ma'am.
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Were you posting racist
stuff before this incident?
No, ma'am.
So you have never made
any kind of racist remarks?
No, I've never posted on
Facebook any racial remark.
But you have made racist
remarks?
I don't like to
Yes, ma'am.
be considered racist. I try very hard. And I know
for a fact my children are not, but does it sound
with my language and my behavior that I am racist?
Yes, ma'am, but it's not something I approve of, if
that makes sense.
Honestly, no, but that's
okay. You were going to see an African?American
friend, you said was a very good friend?
Correct.
The weeks following this
incident, you didn't call her until the next day,
but in your recorded statement you said that you
called her that day to tell her that wouldn't be
coming by.
So which was it, you call her that day
or the following day?
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Now that I don't know, I'd
2 have to have my phone records checked.
3 Okay. You said that you
4 have some short term memory problems?
5 Yes, ma'am.
6 In that you turned left
7 instead of right, did you get confused? Do you get
8 your left and your right confused because of your
9 short term memory problems or you not remembering
10 which way he told you to go?
ll I wasn't remembering which
12 way he told me to go.
13 Okay. In the FBI
14 statement you said you saw an apartment complex, you
15 turned into the apartment complex because you
16 thought maybe this was where you miraculously found
17 out where your friend lived; is that right?
18 No, I turned into, I turned
19 left on that into there.
20 Okay.
2l When I seen the apartments,
22 they looked like the apartments that my friend had
23 posted.
24 Okay. Because today you
25 said you turned into the apartment complex to turn
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1 around to get to 270. Did you think they were your
2 friend's apartments or were you intending to turn
3 around?
4 When I went in here, I was
5 attempting to go in there and turn around.
6 Okay.
7 And then I seen the
8 apartments and I thought that they looked like my
9 friend's apartment, but I still needed to ask for
10 directions.
11 Okay. I think we
12 established earlier that you passed up several
13 streets where you could have turned around?
14 Correct. I passed up two
15 that I remember.
16 You're lost.
17 Yes.
18 You admit you get
19 confused?
20 Yes.
21 You said you venture out
22 all the time not knowing where you're going?
23 Correct.
24 I'm just confused and I
25 find it hard to believe that you didn't take your
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first opportunity to turn around. Can you help me
understand why that is?
Because I don't make turns
in the middle of the street and I don't pull into
people's driveway.
Right, you said that, but
you said there were several streets that you passed
up. Could you not have turned around in some other
streets?
I only remember two.
Okay. Two instead of
three?
Right. I only remember the
two streets and then when I come around the corner,
I was looking for a parking lot.
I do have other
questions, but I'll ask one more. You said you
could not see inside the car very well?
Correct.
But then you said you
could see the heavy set man's hands moving up and
down and you could tell he was punching him, and
this is according to what you said here and your
recorded statement.
right?
Yes, ma'am.
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So even though you can
see in the car?
I could not see the officer,
no, because the larger of the two, the heavier set
one was blocking the View of the officer.
Okay. So how do you know
he's being punched?
The hand was going up and
down.
Okay. Going up and down
help me or up and down like that. (indicating)
No, it was going up and down
with his fist clenched or with his,
you know.
MS. ALIZADEH: Let's do this, let's break.
I'm sorry, we have to break at 2:30 today
because of other obligations that the grand jurors
have and I'm going to walk her out to a waiting
room. Why don't you all discuss if you would like
to have her come back on a day next week and we'll
see about what we can do help get her back here.
And then I'll come back, before know if you want to have her return.
Can I ask one question or
may 1?
MS. ALIZADEH: Is it of them or me?
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Just a general question, I
guess.
MS. ALIZADEH: We can --
I guess for them too. On
August 9th after this happened when I got home, I
wrote everything down on a piece of paper, would
that be easier if I brought that in?
MS . ALIZADEH: Sure .
Sure, why not.
Because that's how I make
sure I don't get things confused because then it
will be word for word.
MS. ALIZADEH:
Sure. Okay.
(End of the Grand Jury Hearing Volume 15.)
State of Missouri
SS.
County of St. Louis
I, a Licensed Certified Court
Reporter by the Supreme Court in and for the State
of Missouri, duly commissioned, qualified and
authorized to administer oaths and to certify to
depositions, do hereby certify that pursuant to
Notice in the civil cause now pending and
undetermined in the County of St. Louis, State of
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1 Missouri.
2 The said witness, being of sound mind and being
3 by the grand jury first carefully examined and duly
4 cautioned and sworn to testify to the truth, the
5 whole truth, and nothing but the truth in the case
6 aforesaid, thereupon testified as is shown in the
7 foregoing transcript, said testimony being by me
8 reported in shorthand and caused to be transcribed
9 into typewriting, and that the foregoing page
10 correctly sets forth the testimony of the
II aforementioned witness, together with the questions
12 propounded by counsel and grand jurors thereto, and
13 is in all respects a full, true, correct and
14 complete transcript of the questions propounded to
15 and the answers given by said witness.
I6 I further certify that the foregoing pages
17 contain a true and accurate reproduction of the
18 proceedings.
19 I further certify that I am not of counsel or
20 attorney for either of the parties to said suit, not
21 related to nor interested in any of parties or
22 their attorneys.
23
24
25
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COURT MEMO
MELON
State of Missouri vs. Darren Wilson
mm
8 CERTIFICATE OF OFFICER AND
9 STATEMENT OF DEPOSITION CHARGES
10
11 DEPOSITION OF Grand Jury, Volume XV
12
13 10/23/2014
14 Name and address of person or firm having custody of
15 the original transcript:
16
17 St. Louis County Prosecuting Attorney's Office
18 100 S. Central Ave.
19 Clayton, MO 63105
20
21
22
23
24
25
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DUN
St. Louis County Prosecuting Attorney's Office
Mb
100 S. Central Ave.
Clayton, MO 63105
mm
TotalGore Perry Reporting and Video
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October 23, 2014
Upon delivery of transcripts, the above
charges had not been paid.
that all charges will be paid in the normal
of business.
515 Olive Street, Suite 700
St. Louis, Missouri 63101
IN WITNESS WHEREOF, I have hereunto set
my hand and seal on this day of
It is anticipated
Page 231
COUISE
Commission expires
Notary Public
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