Bring charges against officer in Michael Brown killing, attorney urges

Bring charges against officer in Michael Brown killing, attorney urges

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FERGUSON, Mo. (CNN) — The attorney for the family of slain Ferguson, Missouri, teenager Michael Brown called again Monday for an indictment of the police officer who fired the fatal shots.

Attorney Daryl Parks said information in a Friday New York Times story that related what's said to be Darren Wilson's version of what happened shouldn't preclude Wilson's prosecution for the unarmed teen's August 9 death.

"If nothing else, you have two competing stories here," he said in an appearance on CNN's "New Day."

He said that leaks about the case are making people "weary about the process" and that only an open trial where all the facts are presented will help resolve lingering tensions over the shooting.

Brown's death is the subject of two inquires: one by a St. Louis County grand jury considering whether the 28-year-old officer should be charged, and the other by federal investigators looking into whether any civil rights violations occurred.

The government officials cited by The Times said the evidence so far does not indicate that the officer violated any civil rights, according to the newspaper.

CNN cannot confirm the details of report.

Officer's account

The account, if accurate, marks the first public account of Wilson's testimony to investigators.

According to The Times, which cited unnamed government officials familiar with the federal civil rights investigation into the shooting of the African-American teen by the white officer, Wilson told investigators he was trying to leave his car when Brown shoved him back in.

Once in, Brown pinned him in his car and tried to get his gun, which made him fear for his safety, the newspaper reported.

The officer told authorities that Brown hit him and scratched him repeatedly, leaving bruises on his face and neck, according to The Times.

FBI forensic tests showed the gun was fired twice in the car, with one bullet hitting Brown's arm while the second one missed, the newspaper said.

The Times said forensic tests have found Brown's blood on Wilson's gun, uniform and police cruiser.

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Wilson's account did not include an explanation of why he shot at Brown, even after they got out of the car, according to The Times. A preliminary autopsy showed the teen was shot at least six times, including twice in the head.

Still, some analysts took the report as favorable to Wilson's case.

'Helpful testimony'

CNN legal analyst Paul Callan said the new account appears to be "strong evidence" favoring the officer, but "the real focus on the case will shift to what happened outside of the car when Michael Brown ran away, according to many witnesses," Callan said.

"I think the focus will shift on the officer," Callan said. "He is not out of the woods yet, even though this is helpful testimony for him."

But one critic of the government's response to Brown's shooting reacted angrily to the report.

Angela Whitman, a Ferguson resident who was among activists meeting with U.S. Attorney General Eric Holder there in August, found the newspaper account of Wilson's testimony "so hard to believe."

She said the report addressed only the initial encounter and not the subsequent fatal shooting, when some witnesses said Brown was surrendering with his hands up. But police said Wilson shot Brown after the teen attacked him and tried to take his gun.

"If (Michael Brown) struggled with this officer, this still does not justify why this child is not alive," Whitman said. "If this young man did this, and struggled, that means he got free. And then witnesses said he turned around with his hands up. This kid should still be alive."

Witnesses' version a stark contrast

Most of the accounts of Brown's shooting have focused on what happened outside the car -- on the street -- with conflicting narratives.

Dorian Johnson, 22, who was walking with Brown on the street when the shooting occurred, told CNN that the officer pulled up and told them to get on a sidewalk. They told him they were almost home and would be off the street shortly.

The officer drove forward, but stopped and backed up, almost hitting the pair, Johnson said.

"We were so close, almost inches away, that when he tried to open his door aggressively, the door ricocheted both off me and Big Mike's body and closed back on the officer," he said.

Still in his car, the officer grabbed Brown by his neck, but he tried to pull away as the officer pulled him toward him, Johnson said.

The officer drew his weapon and fired, hitting Brown, Johnson said. A bloodied Brown took off running, but the officer followed him and fired, according to Johnson.

Brown turned around with his hands up and told the officer he was unarmed, but the officer fired and the teen hit the ground, Johnson said.

Another witness, Tiffany Mitchell, has said she saw Wilson and Brown "tussling through the window" of the police cruiser.

CNN's Nick Valencia contributed to this report.

The-CNN-Wire™ & © 2014 Cable News Network, Inc., a Time Warner Company. All rights reserved.

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