Posted by Curt on 24 November, 2014 at 6:36 pm. 9 comments already!


Le·gal In·sur·rec·tion:

As has been widely anticipated for weeks, the Ferguson MO Grand Jury has DECLINED to indict Police Officer Darren Wilson in the shooting death of black adult Michael Brown.

This result has not been unexpected, as the overwhelming weight of both the eye witness and forensic evidence has been entirely consistent with Officer Wilson’s narrative of self-defense, including:

  • Wilson being attacked by Brown and his accomplice Dorian Johnson in his patrol vehicle
  • a struggle over Wilson’s service pistol
  • shots fired inside the vehicle (which forensic examination confirmed caused a contact gun shot wound to Brown’s right hand)
  • the temporary flight of Brown upon those initial gunshots
  • the return of the 292 pound Brown re-engage the much smaller officer
  • the firing of additional defensive rounds as necessary to halt Brown’s violence

In contrast, the narratives put forward that might have favored an indictment were serially changed as each was proven inconsistent with the evidence:

  • Brown was shot in the back (there are no gun shot wounds to Brown’s back, and contrary to bulk of eye witness testimony)
  • Brown had his hands raised in surrender (inconsistent with forensics and bulk of eye witness testimony)
  • Brown was on his knees when Wilson simply executed him (inconsistent with forensics and bulk of eye witness testimony)

Underpinning all narratives of malice on the part of Wilson is, of course, allegations of racism, both on the part of Wilson and the Ferguson Police Department generally.  It had been widely reported, however, thatmore than a half-dozen black witnesses testified before the Grand Jury in a manner consistent with Wilson’s narrative of self-defense.

Further, Wilson himself appeared before the Grand Jury and testified for over four hours, without the benefit of legal counsel.

The Grand Jury’s own racial makeup is 9 white members and 3 black members. It takes a super-majority of 9 members to return an indictment.

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