Kos-justice better jutice cartoon

This is a continuation of the story about the tragic events on 8/9/14 when a White Police Officer, Darren Wilson fatally shot an unarmed, Black older teenager in Ferguson, MO.

I have been obsessing over the time line around the time of the shooting being around 12:02. As it turns out, the audio analysis of the shooting sequence was one of the major reasons why the grand jurors did not render a decision to indict Police Officer Darren Wilson. This contributes to why many in the media and the pundit world are of the opinion that the facts surrounding this case are murky; whereas the facts surrounding the New York, Eric Garner are more clear cut.

untitled justice for others ferguson

It is important to note that the sound track regarding the 8/9 shooting has been released to the public on 12/8/14 but without the FBI analysis. The following are excerpts from a 12/8/14 blog featured in the Washington Post, Volock Conspiracy report by Paul G. Cassell, who states that the evidence presented to the Ferguson grand jury supports Officer Wilson’s accounts and he does include the shots fired soundtrack in his blog.:

“The grand jury clearly recognized the significance of the audio evidence.  In the last volume of grand jury, one of the grand jurors questioned the crime scene detective about the time that passed between the shots, saying “[w]e tried to approximate it, it was six or seven seconds, but do you know exactly?” (vol. 24, 88:25).  The detective did not know, but the prosecutor referred to an FBI analysis (from Quantico) that confirmed that the sounds were apparent gunshots.  A grand jury asked whether the FBI had constructed an exact a time line, and the prosecutor said it had not.  That FBI report has apparently not been made public; I haven’t been able to locate it in the on-line sources I have examined.”

Michael Brown and Darren Wilson
Michael Brown and Darren Wilson

“I’ve tried to work through these speed calculations in some detail not because they can provide ironclad proof of the precise speed that Brown was moving towards Officer Wilson, but rather because the general picture from the grand jury evidence is unmistakable: Brown was clearly not taking just a “half a step” towards the officer and trying to surrender;  rather, he was moving rapidly towards the officer over an extended distance.  And the grand jurors were clearly clued into the significance of the audiotape and related forensic evidence as they made their decision.  That evidence strongly supported the conclusion that no charges were appropriate.  The grand jury could have quite reasonably determined that Wilson faced a man who had fled arrest and then circled back and “charged” him — i.e., moved rapidly and purposefully toward him in the face of repeated gunfire.”


“Everyone should not be allowed to “write their own story” about the Michael Brown shooting.  An audiotape of the shooting exists, as well as substantial related physical evidence.  And yet I have seen very little discussion of this evidence, particularly from Michael Brown supporters.  Many seem to be more interested in discussing “the lessons of Ferguson” or some other broad topic.  Indeed, some of Brown’s supporters candidly concede that the facts are irrelevant. But for those who want to know whether the grand jury reached the right conclusion, the facts are paramount.  The grand jury had an audiotape and ample other evidence to support the conclusion that Michael Brown directly charged Wilson — and thus that no charges were appropriate.”

This is from Volokh Conspiracy blog

The above assertions are countered by and with the following excerpts posted on the DailyKos on 12/1/14 by Jeff Motron, titled, “The audio recording of the Michael Brown shooting proves Darren Wilson’s story is false.”

“To summarize: Wilson claims that Brown was charging toward him, that Wilson began to fire his gun when Brown was about 15 feet away, and that Brown continued to advance without slowing down until the final gunshot stopped him.”

“Is there an objective timeline of these gunshots? Fortunately for us (and unfortunately for Wilson, had the prosecution actually been interested in prosecuting the case), there is. A nearby resident who was in an online voice chat at the time obtained audio of all the gunshots fired in the street (that is, the two gunshots that occurred at Wilson’s SUV were not included). Here is a visualization of the recording:

We can see that six shots (marked in red) were fired within a span of approximately two seconds. There was then a three second pause before the seventh shot was fired. The eighth shot came one second later, followed quickly by shot 9 and then shot 10. The total time was 6.572 seconds.”

“To reiterate, Wilson claims that Brown was charging toward Wilson throughout the time that Wilson fired these shots. It seems a fair assumption that Wilson’s use of the word “charge” would mean that Brown was sprinting. How much ground can a sprinting human cover in 6.572 seconds?”

“Let’s start, just for curiosity’s sake, with the fastest speed ever recorded for a human on foot: 27.44 mph by Usain Bolt. At that speed, Bolt would cover 264 feet in 6.572 seconds.”

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“Obviously, Brown wasn’t an elite sprinter; he doesn’t look to have been much of an athlete, period. So let’s try to get a more realistic estimate. Your average human isn’t going to have a record of their sprinting speed available. One place where humans are regularly recorded sprinting short distances is the NFL combine’s 40 yard dash. In 2014, the fastest 40 yard dash time was running back Dri Archer’s 4.26 seconds; the slowest was offensive lineman Cyrus Kouandjio’s 5.59 seconds. Kouandjio’s listed measurements are 6’6″, 311 pounds, so he’s of similar proportions to Michael Brown’s 6’4″, 292. Still, Kouandjio is an athlete, unlike Brown.”

“Every year at the combine ESPN’s Rich Eisen also runs the 40 just for fun, wearing a full suit. This year he ran it in 5.98 seconds.”

“The average speeds: a really fast NFL player, 19.2 mph. A really slow NFL player, 14.6 mph. A 45-year-old non-athlete, 13.7 mph. Because these dashes came from stationary starts, these are lower than the top sustained speeds, but I’m more interested in a low-end estimate, so that’s okay. Additionally, the National Council on Strength & Fitness says that “the average man can run about 15 mph for short periods.”

“Let’s be really conservative and say that Michael Brown could only sprint at 10 mph. (For another point of reference to how slow of a “sprint” this would be, world-class marathoners can maintain 12 mph for two hours.) Even at 10 mph, he could have covered 96 feet in 6.572 seconds.”

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“To summarize: Darren Wilson claims that he started shooting at Michael Brown when Brown was 15 feet away and charging toward him, and that Brown continued to advance without slowing until the final shot was fired. A conservative estimate of the distance Brown would have covered if he was continuously charging for the duration of the shots is more than 90 feet.”

“The bottom line: Wilson’s description of the events is simply impossible given the physical evidence.”

“Now, one possible objection is, what if Wilson was backing up? A couple of problems with that: if Brown was really “charging” and already just 15 feet away when the shots started… imagine someone running backwards for six seconds at nearly the same speed as someone charging toward him, all while aiming and firing a gun… pretty preposterous, no? Secondly, according to the audio analysis expert quoted in the Washington Post article I linked:

Clark [Ralph Clark, CEO of ShotSpotter] said the recording has a three-second pause after the first six shots before the final four shots. His experts were also able to confirm that the shots were all taken from within a three-foot radius – there was only one shooter and that person was not moving.”

“Humans, of course, have far from perfect memories. If someone recalled a distance as being about 15 feet when it was actually more like 20 feet, or was a little off on the number of shots fired, I wouldn’t consider that a serious issue. But this, this is far more than a minor discrepancy. Wilson’s account of what happened is different on a fundamental level from what actually happened.”

“This is a huge problem. There’s no disputing the fact that Wilson shot and killed Brown. The grand jury’s decision not to indict essentially means that they believed Wilson’s explanation for why the shooting was justified. If that explanation was clearly not accurate, there has to be a trial to try to determine what really happened and whether Wilson committed a crime.”

imrs ferguson loss of justice


“What did really happen? This part is more speculative, but I think that this summary of the various witness statements, in conjunction with the physical evidence, is useful. It’s clear that no witnesses agree on 100% of the details. This is not an unusual problem about this particular case. It’s just the nature of human memory. However, if sizable majorities of witnesses agree about the answers to certain questions, it makes it more likely that those answers are grounded in reality. In this case, large majorities answered yes to the questions of whether Wilson fired at Brown while Brown was running away, and whether Brown had his hands up when he was fired upon.”

“Let’s put this in the context of the objective audio record that shows an initial salvo of gunfire, a three second pause, and then a second salvo.”

“I’d posit that the scenario best fitting the evidence is this: Brown was running away with Wilson in pursuit. As Wilson (almost certainly a faster runner) gained on Brown, Wilson fired the first six shots toward Brown’s back. Brown, realizing that Wilson was attempting to kill him, stopped fleeing and turned around. He raised his hands in surrender and began to walk slowly toward Wilson. (It’s important to note that the blood trail did show Brown moved a total of 25 feet back in the direction of Wilson before his body came to rest in the street.)”


“I’m willing to give Wilson the benefit of the doubt and say that he probably didn’t intentionally execute an unarmed, surrendering suspect, but instead was panicking. He fired again, hitting Brown. Now badly wounded, Brown began to stagger forward, lowering his arms and head. At this point, Wilson fired the final shots that killed Brown.”

“Do I know for sure that this is what happened? No, I don’t, but I do know for sure that what Wilson said happened is not what happened. Note that in saying that, I’m not relying on any sort of wild conjecture or conspiracy theorizing. I’m simply comparing Wilson’s statement to an objective record of the events, and showing that the former directly and dramatically disagrees with the latter.”

The above differing interpretations illustrates what the Ferguson grand jury was not granted which is differing analysis of the data collected which can be elicited through competent cross examination. I happen to give greater credibility to and the DailyKos because the analyzer seems to have no axe to grind and his report makes more sense to me. Also, the ShotSpotter CEO has superior experts on hand as this is his business. CNN was the first media outlet to discuss the availability of this data and the person whose call recorded the background gun shots is represented by an attorney. So, I am sure the DOJ /FBI have also analyzed this data. The grand jury should have been allowed access to this type of data.

This story continues on my next blog, “Michael Brown’s Memorial Tells the Story, Part V.”


The overlooked audiotape of the Michael Brown shooting So far the audiotape has been ignored by the media. But the grand jury made no such mistake — because they knew it revealed what really happened. By Paul Cassell | Criminal Law | December 8, 2014

whonoze | evidence • logic • knowledge • narrative • shit 2, 2014 whonoze 57 comments. Good post to DailyKos about the audio recording of the shots proving Wilson is lying. “The Double Jeopardy Clause …

Acoustic experts detail purported Ferguson shooting – The ……/acousticexperts   detail-…The Washington Post Sep 2, 2014 – The purported audio recording of the shooting death of Michael Brown in Ferguson, Mo., reflects 10 shots all taken from the same place, …

Glide confirms time of “gunshots” recording in Ferguson, MO ……/glide-confirms-…South Florida Business Journal Aug 29, 2014

START OF HYPOTHESIS ON 8/9/14 FERGUSON CASE WITH ……/22/start-of-hypothesis-on-8914fergusoncase-withDec 22, 2014 – START OF HYPOTHESIS ON 8/9/14 FERGUSON CASE WITH DISCUSSION OF WITNESSES, PART II, by Gronda Morin.


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