BUILT ON A LIE: Johnathan Capehart Admits ‘Hands Up, Don’t Shoot’ was Built on a Lie

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Imagine that.

Through exhaustive interviews with witnesses, cross-checking their statements with previous statements to authorities and the media, ballistics, DNA evidence and results from three autopsies, the Justice Department was able to present a credible and troubling picture of what happened on Canfield Drive. More credible than the grand jury decision to not indict Wilson. The transcript of his grand jury testimony read like so much hand-holding by the prosecution.

What DOJ found made me ill. Wilson knew about the theft of the cigarillos from the convenience store and had a description of the suspects. Brown fought with the officer and tried to take his gun. And the popular hands-up storyline, which isn’t corroborated by ballistic and DNA evidence and multiple witness statements, was perpetuated by Witness 101. In fact, just about everything said to the media by Witness 101, whom we all know as Dorian Johnson, the friend with Brown that day, was not supported by the evidence and other witness statements.

Fight in the SUV

Page 6: Wilson and other witnesses stated that Brown then reached into the SUV through the open driver’s window and punched and grabbed Wilson. This is corroborated by bruising on Wilson’s jaw and scratches on his neck, the presence of Brown’s DNA on Wilson’s collar, shirt, and pants, and Wilson’s DNA on Brown’s palm. While there are other individuals who stated that Wilson reached out of the SUV and grabbed Brown by the neck, prosecutors could not credit their accounts because they were inconsistent with physical and forensic evidence, as detailed throughout this report.

Struggle over the gun

Page 6: Brown then grabbed the weapon and struggled with Wilson to gain control of it. Wilson fired, striking Brown in the hand. Autopsy results and bullet trajectory, skin from Brown’s palm on the outside of the SUV door as well as Brown’s DNA on the inside of the driver’s door corroborate Wilson’s account that during the struggle, Brown used his right hand to grab and attempt to control Wilson’s gun. According to three autopsies, Brown sustained a close range gunshot wound to the fleshy portion of his right hand at the base of his right thumb. Soot from the muzzle of the gun found embedded in the tissue of this wound coupled with indicia of thermal change from the heat of the muzzle indicate that Brown’s hand was within inches of the muzzle of Wilson’s gun when it was fired. The location of the recovered bullet in the side panel of the driver’s door, just above Wilson’s lap, also corroborates Wilson’s account of the struggle over the gun and when the gun was fired, as do witness accounts that Wilson fired at least one shot from inside the SUV.

Hands up

Page 8: Although there are several individuals who have stated that Brown held his hands up in an unambiguous sign of surrender prior to Wilson shooting him dead, their accounts do not support a prosecution of Wilson. As detailed throughout this report, some of those accounts are inaccurate because they are inconsistent with the physical and forensic evidence; some of those accounts are materially inconsistent with that witness’s own prior statements with no explanation, credible [or] otherwise, as to why those accounts changed over time. Certain other witnesses who originally stated Brown had his hands up in surrender recanted their original accounts, admitting that they did not witness the shooting or parts of it, despite what they initially reported either to federal or local law enforcement or to the media. Prosecutors did not rely on those accounts when making a prosecutive decision.

While credible witnesses gave varying accounts of exactly what Brown was doing with his hands as he moved toward Wilson – i.e., balling them, holding them out, or pulling up his pants up – and varying accounts of how he was moving – i.e., “charging,” moving in “slow motion,” or “running” – they all establish that Brown was moving toward Wilson when Wilson shot him. Although some witnesses state that Brown held his hands up at shoulder level with his palms facing outward for a brief moment, these same witnesses describe Brown then dropping his hands and “charging” at Wilson.

The DOJ report notes on page 44 that Johnson “made multiple statements to the media immediately following the incident that spawned the popular narrative that Wilson shot Brown execution-style as he held up his hands in surrender.” In one of those interviews, Johnson told MSNBC that Brown was shot in the back by Wilson. It was then that Johnson said Brown stopped, turned around with his hands up and said, “I don’t have a gun, stop shooting!” And, like that, “hands up, don’t shoot” became the mantra of a movement. But it was wrong, built on a lie.

Read more: The Washington Post

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