Debate Magazine

Ferguson Cop Gives His Side of What Happened

By Eowyn @DrEowyn

The shooting death of an unarmed black 18-year-old named Michael Brown on August 9, 2014, in Ferguson, Missouri, has unleashed a paroxysm of riots and lootings by blacks, beginning on August 10 and continuing through last night, necessitating the deployment of National Guards to the St. Louis suburb.

Though a teenager, Brown was 6′ 4″ tall and weighed nearly 300 lbs.

The police officer who shot Brown, 28-year-old Darren Wilson who has no disciplinary history but had received a recommendation 6 months prior for his “extraordinary effort in the line of duty,” has gone into hiding, in fear for his life. That fear is well placed because the media, led by CNN, have made public Wilson’s photos, the names of the town (Crestwood) and street (Manda Lane) where he lives, as well as his home’s street number.

Michael Brown (l); Darren Wilson (r)

Michael Brown (l); Darren Wilson (r)

Now a friend of Wilson has come forth to give the officer’s side of the story.

On Friday, Aug. 15, a woman named Josie called into the Dana Loesch Radio Show. She said she came by the details of what happened via Wilson’s significant other. Loesch admits he had not personally vetted the association.

H/t my friend, John Molloy, for the video.

Here’s the transcript of Josie’s call beginning at the 1:16 mark:

“He [Darren Wilson] said that … they [Mike Brown and another guy] were walking in the middle of the street. He [Darren] pulled up, rolled the [car's] window down and, um, the two guys out in the street, they refused to and they were yelling back … there was cussing involved. He [Darren] kept rolling up and pulled over … He pulled up ahead of them and was watching.

Then he [Darren] got a call-in that there was a strong-arm robbery, and they gave a description. And, he’s looking at them [Michael and friend] and they got something in their hands and it looks like it could be what, you know those cigars or whatever. So he [Darren] goes in reverse back to them. Tries to get out of his car. They slam his door shut violently. I think he [Darren] said Michael did. And, then he [Darren] opened the car again. He tried to get out. He stands up.

And then Michael just bum-rushes him [Darren] and shoves him back into his car, punches him in the face. And then Darren grabs for his gun. Michael grabbed for the gun. At one point he got the gun entirely turned against his hip. And he shoves it away. And the gun goes off.

Well, then Michael takes off with his friend and gets to be about 35 feet away. And Darren’s first protocol is to pursue. So he stands up and yells, “Freeze!” Michael and his friend turn around. And Michael was taunting him, ‘Oh what you’re gonna do about it. You’re not going to shoot me.’

And then all of a sudden he [Michael] just started to bumrush him [Darren]. He just started coming at him full speed. And, so he [Darren] just started shooting. And he [Michael] just kept coming. So he [Darren] really thinks he [Michael] was on something because he just kept coming. It was unbelievable. So he finally ended up, the final shot was to the forehead. And then he [Michaelo] fell about two, three feet in front of the officer. So that’s why the story’s going around that [Michael was shot in the back]. Of course, ballistics will prove he wasn’t shot in the back.”

Indeed, autopsy results had just been made public, which show Michael Brown was shot in front, NOT in the back.

According to a Ferguson Police report of a robbery incident, on August 9 at 11:51 a.m., two African-American males identified by police as Michael Brown, 18, and Dorian Johnson, 22, were observed at a convenience store in a strong-arm robbery. At 12:01 p.m. on August 9, Ferguson police officer Darren Wilson drove up to Brown and Johnson in the 2900 block of Canfield Drive and ordered them to move off the street and onto the sidewalk. An altercation ensued, which ended in Brown being shot dead. (Wikipedia)

Here’s the convenience store’s security camera video of the robbery (h/t FOTM’s Steve):

If Josie’s account of what happened is true, given Michael Brown’s “bumrushing” of Officer Darren Wilson “at full speed,” according to the Missouri Revised Statutes, Chap. 563, “Defense of Justification,” Officer Wilson’s use of deadly physical force is justified:

Use of force in defense of persons.
563.031. 1. A person may, subject to the provisions of subsection 2 of this section, use physical force upon another person when and to the extent he or she reasonably believes such force to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful force by such other person, unless:

(1) The actor was the initial aggressor; except that in such case his or her use of force is nevertheless justifiable provided:

(a) He or she has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened use of unlawful force; or

(b) He or she is a law enforcement officer and as such is an aggressor pursuant to section 563.046; or

(c) The aggressor is justified under some other provision of this chapter or other provision of law;

(2) Under the circumstances as the actor reasonably believes them to be, the person whom he or she seeks to protect would not be justified in using such protective force;

(3) The actor was attempting to commit, committing, or escaping after the commission of a forcible felony.

2. A person may not use deadly force upon another person under the circumstances specified in subsection 1 of this section unless:

(1) He or she reasonably believes that such deadly force is necessary to protect himself, or herself or her unborn child, or another against death, serious physical injury, or any forcible felony.

“Any forcible felony” is the operative phrase. Assaulting a police office is a forcible felony under Missouri Chapter 563.

563.011. As used in this chapter the following terms shall mean:

(1) “Deadly force”, physical force which the actor uses with the purpose of causing or which he or she knows to create a substantial risk of causing death or serious physical injury;

(2) “Dwelling”, any building, inhabitable structure, or conveyance of any kind, whether the building, inhabitable structure, or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night;

(3) “Forcible felony”, any felony involving the use or threat of physical force or violence against any individual, including but not limited to murder, robbery, burglary, arson, kidnapping, assault, and any forcible sexual offense.

H/t FOTM’s Sig94, a retired police officer, for the Missouri Revised Statutes.

~Eowyn


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