Killed in self-defense, Ferguson officer says

WASHINGTON — The police officer who fatally shot Michael Brown in Ferguson, Mo., two months ago has told investigators that he was pinned in his vehicle and in fear for his life as he struggled over his gun with Brown, according to government officials briefed on the federal civil-rights investigation into the matter.

The officer, Darren Wilson, has told the authorities that during the scuffle, the 18-year-old reached for the gun. It was fired twice in the car, according to forensics tests performed by the FBI. The first bullet struck Brown in the arm; the second bullet missed. The forensics tests showed Brown’s blood on the gun, as well as on the interior door panel and on Wilson’s uniform. Wilson told the authorities that Brown had punched and scratched him repeatedly, leaving swelling on his face and cuts on his neck.

This is the first public account of Wilson’s testimony to investigators, but it does not explain why, after Wilson got out of his vehicle, he fired at Brown multiple times. The testimony contradicts some witness accounts and could further inflame tensions in the town, where protests over Brown’s death have sometimes turned violent.

In September, Wilson appeared for four hours before a St. Louis County grand jury, which was convened to determine whether there is probable cause that he committed a crime. Legal experts have said his decision to testify was surprising given that it was not required by law. The struggle in the car could be an influential piece of information for the grand jury, one that speaks to Wilson’s state of mind, his feeling of vulnerability and his sense of heightened alert when he killed Brown. Police officers typically have wide latitude to use lethal force if they reasonably believe that they are in imminent danger.

The officials said that while the federal investigation was continuing, the evidence so far did not support civil-rights charges against Wilson. To press charges, the Justice Department would need to clear a high bar, proving that Wilson willfully violated Brown’s civil rights when he shot him.

The account of Wilson’s version of events did not come from the Ferguson Police Department or from officials whose activities are being investigated as part of the civil-rights inquiry. In the many accounts of Brown’s death, the most potent imagery has come from his final moments, when he and Wilson faced each other on Canfield Drive. Some witnesses have said that he appeared to be surrendering with his hands in the air as he was hit with the fatal gunshots. Others have said Brown was moving toward Wilson when he was killed.

Few witnesses had perfect vantage points for the fight in the car, which occurred just after noon on Aug. 9. Brown was walking in the middle of the street with a friend, Dorian Johnson, when Wilson stopped his sport utility vehicle, a Chevrolet Tahoe, to order them to the sidewalk.

Within seconds, the encounter turned into a physical struggle as the officer and Brown became entangled through the open driver’s-side window. One witness, Piaget Crenshaw, said later that while she could not see clearly, it appeared Brown was “trying to flee.” Another witness, Tiffany Mitchell, said she was nearby and had watched with alarm as the two briefly struggled, saying “Michael was pulling off, and the cop was trying to pull him in.”