Grand jury fails to indict Ferguson officer in Michael Brown's death, violence erupts

Byand ANGELICA ALVAREZ, FRED SHROPSHIRE, WTVD-AP
Tuesday, November 25, 2014
Violence in Ferguson after no indictment announced
A grand jury has decided not to indict Ferguson police officer Darren Wilson in the death of Michael Brown.

FERGUSON, Mo. -- Chaos returned to the streets of Ferguson after a grand jury declined to indict a white police officer in the death of Michael Brown - a decision that enraged protesters who set fire to buildings and cars and looted businesses in the area where the unarmed, black 18-year-old was fatally shot.

Monday night's destruction appeared to be much worse than last summer's protests, with at least a dozen businesses badly damaged or destroyed. Authorities reported hearing hundreds of gunshots, which for a time prevented fire crews from fighting the flames.

PHOTOS: Grand jury decision in Ferguson

Jon Belmar, chief of the St. Louis County police, said that unless his agency could bring in 10,000 officers, "I don't think we can prevent folks who really are intent on destroying a community."

The grand jury's decision means that officer Darren Wilson, who is white, will not face any state criminal charges for killing Brown, whose death inflamed deep racial tensions between many black Americans and police.

Prosecuting Attorney Bob McCulloch said the jury of nine whites and three blacks met on 25 separate days over three months, hearing more than 70 hours of testimony from about 60 witnesses, including three medical examiners and experts on blood, toxicology and firearms.

"They are the only people that have heard and examined every witness and every piece of evidence," he said, adding that the jurors "poured their hearts and soul into this process."

In the first flash of unrest after the grand jury announcement, Belmar said he told officers to back off, suggesting they handle the situation as if it were a festival or baseball game. But the situation quickly "spun out of control," as protesters looted businesses and set fire to numerous vehicles, including at least two police cars.

Officers eventually lobbed tear gas from inside armored vehicles to disperse crowds. There were at least 29 arrests, police said.

As McCulloch read his statement, Michael Brown's mother, Lesley McSpadden, sat atop a vehicle listening to a broadcast of the announcement. When she heard the decision, she burst into tears and began screaming before being whisked away by supporters.

The crowd with her erupted in anger, converging on the barricade where police in riot gear were standing. They pushed down the barricade and began pelting police with objects, including a bullhorn. Officers stood their ground.

Speaking for nearly 45 minutes, a defensive McCulloch repeatedly cited what he said were inconsistencies and erroneous accounts from witnesses. When asked by a reporter whether any of the accounts amount to perjury, he said, "I think they truly believe that's what they saw, but they didn't."

The prosecutor also was critical of the media, saying "the most significant challenge" for his office was a "24-hour news cycle and an insatiable appetite for something - for anything - to talk about."

In his statement, McCulloch never mentioned that Brown was unarmed when he was killed.

Brown's family released a statement saying they were "profoundly disappointed" in the decision but asked that the public "channel your frustration in ways that will make a positive change. We need to work together to fix the system that allowed this to happen."

Shortly after the announcement, authorities released more than 1,000 pages of grand jury documents, including Wilson's testimony.

Wilson told jurors that he initially encountered Brown and a friend walking in a street and, when he told them to move to a sidewalk, Brown responded with an expletive.

Wilson then noticed that Brown had a handful of cigars, "and that's when it clicked for me," he said, referring to a radio report minutes earlier of a robbery at a nearby convenience store.

Wilson said he asked a dispatcher to send additional police, then backed his vehicle up in front of Brown and his friend. As he tried to open the door, Wilson said Brown slammed it back shut.

The officer said he then pushed Brown with the door and Brown hit him in the face. Wilson told grand jurors he was thinking: "What do I do not to get beaten inside my car."

"I drew my gun," Wilson told the grand jury. "I said, 'Get back or I'm going to shoot you.'"

"He immediately grabs my gun and says, 'You are too much of a pussy to shoot me,'" Wilson told grand jurors. He said Brown grabbed the gun with his right hand, twisted it and "digs it into my hip."

Asked why he felt the need to pull his gun, Wilson told grand jurors he was concerned another punch to his face could "knock me out or worse."

After shots were fired in the vehicle, Brown fled, and Wilson gave chase. At some point, Brown turned around to face the officer.

Witness accounts were conflicted about whether Brown walked, stumbled or charged back toward Wilson before he was fatally wounded, McCulloch said. There were also differing accounts of how or whether Brown's hands were raised. His body fell about 153 feet from Wilson's vehicle.

Thousands of people rallied in other U.S. cities, most peacefully, and President Barack Obama appealed for calm and understanding, pleading with both protesters and police to show restraint.

"We are a nation built on the rule of law, so we need to accept that this decision was the grand jury's to make," Obama said. He said it was understandable that some Americans would be angered, but echoed Brown's parents in calling for any protests to be peaceful.

At least 10 St. Louis-bound flights were diverted to other airports because of concern about gunfire being aimed into the sky over Ferguson, the Federal Aviation Administration said.

The Justice Department is conducting a separate investigation into possible civil rights violations that could result in federal charges, but investigators would need to satisfy a rigorous standard of proof in order to mount a prosecution. The department also has launched a broad probe into the Ferguson Police Department, looking for patterns of discrimination.

Regardless of the outcome of those investigations, Brown's family could also file a wrongful-death lawsuit against Wilson.

The Aug. 9 shooting heightened tensions in the predominantly black St. Louis suburb that is patrolled by an overwhelmingly white police force. As Brown's body lay for hours in the center of a residential street, an angry crowd of onlookers gathered. Rioting and looting occurred the following night, and police responded with armored vehicles and tear gas.

Protests continued for weeks - often peacefully, but sometimes turning violent, with demonstrators throwing rocks and Molotov cocktails and police firing smoke canisters, tear gas and rubber bullets. Missouri Gov. Jay Nixon briefly summoned the National Guard.

Ron Johnson, the Missouri State Highway Patrol captain who oversaw Ferguson security during the summer protests, said Tuesday morning that the community must take some responsibility for the business looting that took place after the grand jury decision. A pizza shop, beauty supply store and two auto parts stores were among those that burned.

"Those are dreams," Johnson said. "Those are small-business owners, and we've torn those dreams away."

NCCU students react

Locally, students at North Carolina watched the announcement Monday night.

Many told ABC11 that they were not surprised that Wilson was not indicted.

"I'm very disappointed," said NCCU student Patria Gibson. "I can't say I'm surprised though. You just live every day. You think things are going to change but, nope."

"Me, myself as a black man at an HBCU, what am I going to tell my sons when I grow up, 'Hey look back at your history' and they see this," said NCCU student Eric Baker. "As far as what we should do, stick together and pray."

North Carolina protests planned

Protests are planned for Tuesday evening in locations across North Carolina.

At least one organizer told ABC11 that the response of the police will determine how things will go. A large crowd is expected at 6 p.m. Tuesday at Raleigh's Moore Square. It's something that had been planned in advance of Monday night's decision.

The organizer, Ajamu Dillahunt, is with Black workers for Justice. Dillahunt said the outcome of the grand jury doesn't change the intent of their message.

He's planning a peaceful vigil and an outcry for justice for Brown's family and other victims of alleged police violence across the country.

Dillahunt said what happened in Ferguson following the shooting made the town the epicenter of this debate, but he says the killing of young black boys is a major problem that continued to escalate even while the grand jury weighed Officer Wilson's fate.

"Last week, two more victims -- a 12-year-old in Cleveland, Ohio shot down with a BB gun. In New York City, in Brooklyn, in a public housing project, an unarmed man shot down by a rookie police officer," said Dillahunt. "So, it's an epidemic, and we want to let people know that we just can't tolerate this anymore. There's got to be a change."

In addition to the Moore Square rally, Dillahunt said four other demonstrations will definitely happen Tuesday. Rocky Mount, Greenville, Durham and Chapel Hill will all host rallies at 6 p.m. He said there might be rallies in Greensboro and Charlotte as well.

Even though the plan calls for peaceful demonstrations, the state's public safety department says its contingency plans are in place if things across the state get out of hand.

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