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Grand Jury Hears Evidence in Michael Brown Shooting Case Today

Categories: Michael Brown

bob_mccullogh.jpg
UPI/Bill Greenblatt
Prosecutor Bob McCulloch at a press conference last week.
According to a spokesman for St. Louis County Prosecutor Bob McCulloch, a grand jury will begin hearing evidence in the Michael Brown shooting today -- though he gave one caveat.

"[We are] attempting to present evidence," said Edward Magee yesterday. "It depends on the availability and actual appearance of the witnesses."

Read all of our coverage on Ferguson and Michael Brown at this link.

The location of the grand-jury proceedings is secret, as are the names of the members, so the public will not be able to attend. Magee says these members were chosen by a judge and have been on the job for about two months.

Magee says that there is no timeline for the grand jury. He says the plan is to begin tomorrow, which again is contingent on witnesses appearing.

"We won't know until people show up," he said. "Then once the grand jury starts, we will make no further comments about the proceedings."

Magee told Daily RFT in an email that the St. Louis County Police Department conducted an interview with Ferguson police officer Darren Wilson, the shooter, though late last night he wasn't sure the prosecutor's office had it quite yet. He wrote that the county officers dropped off multiple interviews yesterday. He added that they do not have the FBI interviews either, "but will receive them at some point." He also said they still do not have the ballistics report and the investigation is ongoing.

After the grand jury has heard all the evidence, they will determine whether Wilson will be charged. If he is charged, it will be up to McCulloch to move forward with the case or dismiss it.

Grand jury hearings can take as little as ten minutes or as long as weeks, according to a former St. Louis county prosecutor who spoke to Riverfront Times on background today. Our source suspects the case against Darren Wilson to take at least a day or longer considering its sensitivity.

"Grand juries tend to indict more man 99 percent of the time," says the former prosecutor. "That's where you get the saying that a grand jury would indict a ham sandwich. Unlike a trial jury, they only have to determine probable cause and not guilt beyond a reasonable doubt."

Still, our source says that Wilson's indictment is far from guaranteed. He notes that in 2000 a St. Louis county grand jury failed to indict two white undercover officers who shot and killed two unarmed black men in a case that carried much of the same public outcry as the shooting of Michael Brown.

Both Governor Jay Nixon and Missouri Attorney General Chris Koster released statements late last night about McCulloch. Here's Nixon's statement:

"From the outset, I have been clear about the need to have a vigorous prosecution of this case, and that includes minimizing any potential legal uncertainty. I am not asking St. Louis County Prosecutor Bob McCulloch to recuse himself from this case. There is a well-established process by which a prosecutor can recuse themselves from a pending investigation, and a special prosecutor be appointed. Departing from this established process could unnecessarily inject legal uncertainty into this matter and potentially jeopardize the prosecution."

And here is Koster's statement:

Stay tuned.

Email the author at Jessica.Lussenhop@RiverfrontTimes.com.


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44 comments
jb1111
jb1111

Judge Learned Hand on McCarthyism and Public Distrust

My friends, will you not agree that any society which begins to be doubtful of itself; in which one man looks at another and says: "He may be a traitor," in which that spirit has disappeared which says: "I will not accept that, I will not believe that—I will demand proof. I will not say of my brother that he may be a traitor," but I will say, "Produce what you have. I will judge it fairly, and if he is, he shall pay the penalties; but I will not take it on rumor. I will not take it on hearsay. I will remember that what has brought us up from savagery is a loyalty to truth, and truth cannot emerge unless it is subjected to the utmost scrutiny"—will you not agree that a society which has lost sight of that, cannot survive?

Genia Ackworth
Genia Ackworth

Then you need to take a criminal justice class at your nearest college. While I do not agree with the looting/rioting, I do understand the powder keg that exploded.

Genia Ackworth
Genia Ackworth

Imagine you find out there's no confidence in you during a crisis. No confidence in Jay Nixon or McCullough. People don't know who they even voted for or didn't vote for. To serve the people in jobs like this do not mean you choose a certain segment of society. I see new people on the horizon in those jobs.

RetiredDeputy
RetiredDeputy

This Officer murdered this kid, that's the simple and plain truth of it. It's another American tragedy. The real tragedy is how many white people believe the Officer was justified. Their opinions are swayed by the color of the kids skin or they simply know nothing about the law and an Officer's limitation in the use of deadly force.


Linda SansSouci
Linda SansSouci

I don't always see eye to eye with McCulloch; bull have always found him to be a straight arrow and committed to following the rule of law impartially. For the people who think he can't apply the law fairly, I would say that they are judging him from their own lens, and perhaps they are the ones who would be unfair if they had a chance.

Nancy Brunk-Reilly
Nancy Brunk-Reilly

Can't wait. I believe officer wilson will be shown to be in the right especially when there is proof from his physical injuries that he suffered. All heck will break loose.

Chris Moller
Chris Moller

Oh, the Grand Jury is coming? Now we are deferentially going to get the truth. This would be really funny if a young man hadn't died.

Cindy Daughenbaugh Perkins
Cindy Daughenbaugh Perkins

Bob McCullough is a racist idiot who was openly defiant to the governor when he first stated the governor had acted illegally in bringing in the state police and had no authority to remove him from the case. Turns out the governor DOES have the authority to do both. You would think a D.A. as experienced as him would know this but apparently either McCullough is just that dumb or he thinks we are that dumb as to believe him. I have absolutely no faith in his ability to remain objective about this case. He's a power-hungry and totally biased idiot with a prejudiced staff. There is no justification for that cop having shot to kill an unarmed kid who was not even near his personal space at the time.

PabonMatriarch
PabonMatriarch

@chadgarrison Reason: prosecutors gives the panels evidence for a specific outcome. Prosecutors are politicians who hope to be governor.

Twana Wangler
Twana Wangler

People are fooling themselves if they think the outcome will be in favor of the officer. They are already threatening more violence if they don't get what they want. Jay Nixons speech said it all "vigorous PROSECUTION", what happened to innocent until proven guilty? It was a lovely campaign speech.

ChrisXtopher Roles
ChrisXtopher Roles

It's not ignorance, Julie. It's a figure of speech that is highly true. No matter the outcome of this proceeding, the outraged community is going to want him dead regardless.

Mary E Kaufmann
Mary E Kaufmann

Unfortunately with Gov Nixon already condemning PO Wilson and throwing him under the bus, what else can we expect. I am a staunch #DarrenWilson Supporter and Believe in him, but it is just going to get worse and worse, I fear.

Stefani Hudson-Frierson
Stefani Hudson-Frierson

Everything that's done in the dark must come to light. God see it all!!!! There is a such thing as KARMA!!!! I still have no comment about this whole case I wasn't there to see it first hand. However I do know there is a man sitting up high looking down low. So I just say Lord let your will be done!!!!

Gary Reinhardt
Gary Reinhardt

The Mike brown case is the best thing that ever happened to the media

Cameron Jolley
Cameron Jolley

I admit to jumping to conclusions before any evidence came out as did most people which is why we have this race issue but call me a racist if that what it is but I figured that brown had to have done something to be killed I'm not saying that police brutality doesn't exist I've seen it first hand but if he (Wilson) wanted to just kill him for no reason he would have done it at night with no witness and at night hidden somewhere not the middle of a Sunday afternoon it's just common sense

Chad Hanebrink
Chad Hanebrink

Wow. It's not even noon and I've just read the dumbest comment of the day.

Bart Cohn
Bart Cohn

RFT- I'm interested to know who can attend the grand jury proceedings, obviously not the public, but can the governor, lieutenant governor, or state attorney general attend? How about DOJ officials, US attorney general? Are the proceedings recorded for review by certain officials later? I don't expect answers to these questions here but perhaps you could include them in a future article. Thanks.

Tim Kresko
Tim Kresko

See "Dirty Laundry". Dirty Laundry sells toothpaste.

ChrisXtopher Roles
ChrisXtopher Roles

Regardless of the outcome people around the Unites States are still going to cause trouble. This will only make the police force more strict. It should have been peaceful protest from the beginning instead of the racial war intent set by the youth thinking they are entitled for something so much more. They're grandparents great grand parents didn't fight for you to set oppression amongst yourselves, but to have better opportunities. Stop committing crimes and start getting an education. Empower yourselves with knowledge and set goals. It only gets worse if you allow it to. Let this be an eye opener and don't let your community just be an eye-sore. Before all the racists war debates start about my comment, I am not targeting any race. I am commenting on all race. The youth needs to start rising and not putting themselves down. Stop blaming others and start actin upon your dreams.

Jonathan Hargrove
Jonathan Hargrove

I'm still confused as to why this entire situation is national news.

Twana Wangler
Twana Wangler

We all know what the outcome will be so, why bother? Lynch him now and be done.

grberet76
grberet76

@RetiredDeputy Why do you assume that it is because of the color of his skin "white people" think that it was justified? You can project all you want but I call it like I see it. I feel like I can say this unabashedly since my wife and children are black.

DejaEntendu
DejaEntendu

@RetiredDeputy You are just as guilty as the "white people" who believe the officer was justified. You are judging the situation before you even know all of the facts. Have you looked at the facts? The autopsy alone refutes several eye witness' testimony, especially Dorian Johnson's. Go analyze the autopsy and go read the testimony again. As a retired deputy I would think you would respect the criminal justice system enough to let a court decide before stating something is the "truth". These witnesses are going to get destroyed on cross-examination.


As a retired deputy I would also expect you to know the law of self-defense, as you seem to be misguided in from your previous comments. Self-defense must be proportional. If someone is using non-deadly force against you, you may not retaliate with deadly force. If someone is using deadly force against you or you have reasonable belief they are capable of using deadly force and believe they will do so imminently, you may retaliate with deadly force. To quote you from a previous comment you said "For your information, having an injury does not justify deadly force". Where did you get this from? That isn't remotely true. If you chopped of my leg with a machete, I believe that's an injury, and I'm pretty sure it would be unanimously considered deadly force for which I can retaliate with a proportional amount of force. You as a retired deputy should know that size and body composition are frequently used to decide self-defense cases. If a 5'9, 160 lb guy punches you in the face, is that deadly force? Probably not, but what does the victim look like? Is it a child? an elderly woman? Now how about a 6' 4'' guy that weighs close to 300 lbs. If he punched you in the head a few times, is it possible that an average sized man could die? I think you could make a damn strong case that he could.


Here is some authority on how a court that cares about the law, and not a single minded opinion will look at the case.A law enforcement officer in effecting an arrest or in preventing an escape from custody is justified in using deadly force only. . .(2) When he reasonably believes that such use of deadly force is immediately necessary to effect the arrest and also reasonably believes that the person to be arrested

(a) Has committed or attempted to commit a felony; or
(b) Is attempting to escape by use of a deadly weapon; or
(c) May otherwise endanger life or inflict serious physical injury unless arrested without delay. 563.046

"Where the officer has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or to others, it is not constitutionally unreasonable to prevent escape by using deadly force." Tennessee v. Garner, 471 U.S. 1, 10 (1985).


Does that mean Wilson is off the hook? Absolutely not. He has to show he was in a constant threat of serious physical harm. If he shot him and Michael Brown was no longer a threat, the excuse to use deadly force has ended. 


I don't know what happened between the first shot and the last shot and neither do you. When I look at this case I look for only the facts. Yes it is a tragedy that a PERSON (race omitted) lost their life. It is truly a shame and an embarrassment to society that racial bias has tunneled the vision of so many people.

RetiredDeputy
RetiredDeputy

Who gives a rats ass about that BS??? This thread is discussing a serious topic. Take this shit somewhere else.

RetiredDeputy
RetiredDeputy

For your information, having an injury does not justify deadly force. This Officer gunned down an unarmed kid that was trying to get away from him. That is not probable cause to use deadly force. 

RetiredDeputy
RetiredDeputy

The Grand Jury and the truth are not necessarily synonymous my dear. Also, I'm afraid this wouldn't be funny under any circumstances. By the way, how old are you?

RetiredDeputy
RetiredDeputy

REALLY??? Innocent until proven guilty? Is that something that's argued for white people only??? Or does that get thrown out the window when a Police Officer executes a black kid for walking in the street???


RetiredDeputy
RetiredDeputy

Under a the bus is where he belongs but first strip him of his badge and his shield. If he was in fear of his life from an unarmed kid walking in the street, he needs to get thrown under the bus. I'm a female C/O and I supervised 50-100 black male detainees on a daily basis without incident.


RetiredDeputy
RetiredDeputy

RACIST. UNBELIEVABLE!!! You're actually saying that Brown must have been guilty of something because the Officer didn't kill him at night??? That's got to be the most racist thing I've heard yet. Congratulations you racist pig.

RetiredDeputy
RetiredDeputy

simply because bigot idiots like you need to be educated. 

RetiredDeputy
RetiredDeputy

Unfortunately that won't likely be the outcome, if we base it on the history of young black men being unlawfully killed by the police in this racist country we live in. Some of the comments from white people in this thread make me ashamed to be white. White America needs to start showing some compassion to black people or a day of reckoning is inevitable. White people you had better start to check yourselves before you wreck yourselves. 

jb1111
jb1111

Michael Brown’s rap sheet on casenet. Note that he also has a juvenile criminal record that is sealed.

Description: Burglary - 1st Degree { Felony B RSMo: 569.160 }

Date: 11/02/2013 Code: 1401000

OCN: AJ006207 Arresting Agency: ST ANN PD

Description: Armed Criminal Action { Felony Unclassified RSMo: 571.015 }

Date: 11/02/2013 Code: 3101000

OCN: AJ006207 Arresting Agency: ST ANN PD

Description: Assault 1st Degree - Serious Physical Injury { Felony A RSMo: 565.050 }

Date: 11/02/2013 Code: 1301100

OCN: AJ006207 Arresting Agency: ST ANN PD

Description: Armed Criminal Action {

Felony Unclassified RSMo: 571.015 }

Date: 11/02/2013 Code: 3101000

OCN: AJ006207 Arresting Agency: ST ANN PD


jb1111
jb1111

@RetiredDeputy 

Michael Brown’s rap sheet on casenet. Note that he also has a juvenile criminal record that is sealed.

Description: Burglary - 1st Degree { Felony B RSMo: 569.160 }

Date: 11/02/2013 Code: 1401000

OCN: AJ006207 Arresting Agency: ST ANN PD

Description: Armed Criminal Action { Felony Unclassified RSMo: 571.015 }

Date: 11/02/2013 Code: 3101000

OCN: AJ006207 Arresting Agency: ST ANN PD

Description: Assault 1st Degree - Serious Physical Injury { Felony A RSMo: 565.050 }

Date: 11/02/2013 Code: 1301100

OCN: AJ006207 Arresting Agency: ST ANN PD

Description: Armed Criminal Action {

Felony Unclassified RSMo: 571.015 }

Date: 11/02/2013 Code: 3101000

OCN: AJ006207 Arresting Agency: ST ANN PD


titanbabe54
titanbabe54

@RetiredDeputy You are so full of it Mr Retired Deputy. Did you not watch the youtube video where someone unaware of their voice being recorded said "he stopped and turned and charged the police. They had their guns drawn on him."


You want to ignore evidence and convict a decorated officer who was simply doing his job.


So what was this angel M Brown doing robbing a liquor store while high on marijuana ? 


Let the evidence come out. If the shooting wasn't warranted, so be it. But it appears to me it was justified.

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