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Case: State of Missouri v. Darren Wilson Transcript of: Grand Jury Volume V Date: September 16, 2014 This transcript is printed on 100% recycled paper Gor: Rea 515 Olive Street, Suite 300 St. Louis, MO 63101 (314) 241-6750 1-800-878-6750 Fax: (314) 241-5070 Email: schedule@goreperry.com Internet: < > State of Missouri v. Darren Wilson Grand Jury Volume V September 16, 2014 Page 1 DARREN WILSON GRAND JURY SEPTEMBER 16, 2014 VOLUME V Gore Perry Reporting and Video FAX 314-241-6750 314-241-6750 www.goreperry.com Electronically slaned by qbidi tab Ofhe-4c¥8.0004-0teb0Sbiidas Electronically slaned by State of Miss: iv. Darren Wilson Grand Jury Volume V September 16, 2014 5 South Central Avenue, in 16 of Mi. souri, on the 1éth day o 17 before 1 SUIT COURT OF LOUIS COUNTY 2 STATE OF MISSOURI 3 4 STATE OF MISSOURI 6 ee 8 9 DARREN WILSON 10 1 12 The following is a hearing before the Grand 13 Jury of St. Louis County, at the offices of st. 14 Louis County Prosecuting Attorney's Office, 100 the City of Clayton, State eptember, 2014, FAX 314-241-6750 Gore Perry Reporting and Video 314-241-6750 www. goreperry.com “eb3d11a0-0'9a-4c75.9984-a1a9bSb2fdas State of Mi: souri v. Darren Wilson Grand Jury Volume V September 16, 2014 3 1 APPEARANCES OF COUNS 2 3. FOR THE STATE: 4 Ms. Kathi Alizadeh & Ms. Sheila Whirley 5 t Prosecuting Attorneys for ouis é 7 100 South Central Avenue, 2nd Floor 8 Clayton, MO 63105 9 (314) 615-2600 10 1 12 13 14 16 7 18 19 20 21 22 23 24 Gore Perry Reporting and Video FAX 314-241-6750 314-241-6750 www.goreperry.com Electronically slaned by qbidi tab Ofhe-4c¥8.0004-0teb0Sbiidas State of Missouri v. Darren Wilson Grand Jury Volume V September 16, 2014 Page 5 GRAND JURY HEARING MS. ALIZADEH: Good morning, everyone. This is September 16th, 2014, it is about 8:35 a.m. This is Kathi Alizadeh with the prosecutor's office, Sheila Whirley is present, as well as all 12 grand jurors, and the court reporter is present taking down and recording what is being said. ew Ao es wn Some housekeeping notes to start. I'm 9 going to pass out to you all, you all are going to 10 receive a copy of a statute. It is section 563.046, 11 and it is, it says law enforcement officers use of 12 force in making an arrest. And it is the law on 13 what is permissible, what force is permissible and 14 when in making an arrest by a police officer. 15 I also want to point out to you, I know 16 you have probably heard or know that there also is a 17 joint federal investigation that's going on at the 18 same time. 19 And several of our witnesses that you are 20 going to hear from are also being interviewed by FBI 21 agents or federal agents. And I want you to make 22 sure you understand the issues that are before you, 23. may be different than the issues in any federal 24 investigation. 25 Their investigation involves civil rights Gore Perry Reporting and Video FAX 314-241-6750 314-241-6750 Www.goreperry.com Electronically slaned by qbidi tab Ofhe-4c¥8.0004-0teb0Sbiidas State of Missouri v. Darren Wilson Grand Jury Volume V September 16, 2014 Page 6 violations. This investigation involves whether there is criminal liability on the part of the officer involved in the shooting. So I can't tell you what the law is on the civil rights issues, but don't be confused about, you know, for example, what are the policies of the police department necessarily doesn't have anything ew Ao es wn to do with your decision. You certainly have the 9 right to know these things if you wish to know these 10 things, but keep in mind that there is a separate 11 and distinct investigation going on by the feds 12 involving civil rights violation or potential civil 13 rights violation. 14 The other thing is, I messed up. I'm not 15 perfect. Sheila will tell you that I'm not, but 16 we've been marking our exhibits and normally when I 17 have a trial I have all of my exhibits beforehand 18 and I mark them all beforehand and I try to be very 19 meticulous about my numbers. I have kind of been 20 marking these as I go. This has all been coming in 21 as we go, so I screwed up on the numbers. So I just 22 want to clarify for the record in case you are 23 keeping track of numbers. 24 Apparently I have two Grand Jury Exhibits 25 10. Gore Perry Reporting and Video FAX 314-241-6750 314-241-6750 Www.goreperry.com Electronically slaned by qbidi tab Ofhe-4c¥8.0004-0teb0Sbiidas State of Missouri v. Darren Wilson Grand Jury Volume V September 16, 2014 Page 7 So one is Detective photographs, he's the crime scene detective that went to the hospital and photographed Darren Wilson and the other one is a disc that I played for you that had Dorian Johnson's recorded statement. I'm going to keep photograph as being Number 10 and I am now going to make that disc ew Ao es wn of statements, it is going to be Number 17. 9 And then apparently I have two Number 9s. 10 One Number 9, I don't know that I have used with you 11 all yet. I have marked it, and it is a set of 12 printed photographs that were taken by the morgue 13 personnel, not the autopsy photos that we saw during 14 Dr. testimony. These were separate 15 photos that were taken by the employees at the 16 Medical Examiner's Office in the morgue that are 17 different than the autopsy photos. And those are 18 going to remain Number 9. 19 The other Number 9 I have was a disc that 20 had the news clips on it that we showed where Dorian 21 Johnson had been interviewed or made certain 22 statements on television programs. And so that disc 23 is now going to be Number 16. 24 Unless you all see another issue or 25 problem, I think right now we have 1 through 17. Gore Perry Reporting and Video FAX 314-241-6750 314-241-6750 Www.goreperry.com Electronically slaned by qbidi tab Ofhe-4c¥8.0004-0teb0Sbiidas State of Missouri v. Darren Wilson Grand Jury Volume V September 16, 2014 Page 8 You might not have seen all of those, but as far as I know I don't have any duplicates other than that. So I'll try to be a little more organized in numbering of the exhibits. Does anybody see any other issues with duplicate numbers? Okay. And then as we told you at the ew Ao es wn beginning of every day, we are just going to kind of 9 give you a preview of what we are going to do. And 10 so first we're going to listen to a recorded 11 statement. The person being interviewed is a 12 sergeant with the Ferguson Police Department, his 13 name is He was the sergeant on duty 14 on the date of the shooting and he was Darren 15 Wilson's direct supervisor. 16 You will hear his statement. It is about 17 an hour long. And then following his statement, 18 Sergeant will be here to testify. nd After that, we will present the testimony 20 of Detective » who is a St. Louis County 21 police detective, regarding an interview that he did 22 of Darren Wilson. 23 And then we are going to present the 24 testimony of 25 Gore Perry Reporting and Video FAX 314-241-6750 314-241-6750 Www.goreperry.com Electronically slaned by qbidi tab Ofhe-4c¥8.0004-0teb0Sbiidas State of Missouri v. Darren Wilson Grand Jury Volume V September 16, 2014 Page 9 And she is an FBI agent and she also did an interview of Darren Wilson. Then we will also present a recorded interview of Darren Wilson for you to listen, that's about 30 minutes. And then finally, I anticipate that the afternoon will have Darren Wilson testifying for you ew Ao es wn this afternoon. 9 The morning is basically going to be 10 statements that he has made during this 11 investigation from various people and then he will 12 be here to testify and answer your questions in the 13 afternoon, all right? 14 So with that being said, the next piece of 15 evidence is a disc that I have marked as Grand Jury 16 Number 18. 17 (Deposition Exhibit Number 18 18 marked for identification.) 19 MS. ALIZADEH: One of the things that I 20 will tell you that these discs that contain 21 statements of various individuals, I mean, you will 22 hear me use these discs repeatedly because one disc 23 might have 12 witnesses statements on it. I will 24 make sure I preface before we begin to play it whose 25 statement it is. Gore Perry Reporting and Video FAX 314-241-6750 314-241-6750 Www.goreperry.com Electronically slaned by qbidi tab Ofhe-4c¥8.0004-0teb0Sbiidas State of Missouri v. Darren Wilson Grand Jury Volume V September 16, 2014 Page 10 When you put the disc in the computer and open up the file, it lists the names of everybody who has made a statement on that disc. They are pretty recognizable if you would have any need to listen to a particular statement, it would be easy to do that. But there are a number of witness ew Ao es wn statements on each of these discs, that's the way we 9 received them. 10 Also, we do not have a transcript of this 11 first statement. I've listened to it and it is 12 fairly clear. I don't think it should be an issue, 13 but at any time you all can't hear it or want us to 14 go back a couple of seconds or 30 seconds or a 15 minute if you miss something, that's easy enough to 16 do, all right? 7 We are going to play for you Grand Juror 18 Number 18 and it is the recorded statement of 19 Sergeant 20 (statement is being played.) 21 MS. ALIZADEH: And as always -- 22 And, again, this was Disc Number 18 that 23 you heard a recorded statement of It 24 will be available for you to listen to again at this 25 time during your investigation. Gore Perry Reporting and Video FAX 314-241-6750 314-241-6750 Www.goreperry.com Electronically slaned by qbidi tab Ofhe-4c¥8.0004-0teb0Sbiidas State of Missouri v. Darren Wilson Grand Jury Volume V September 16, 2014 Page 11 é + Twant to just doublecheck make sure that audio was recorded and the interview took place on August 14th, is that what, I just want to make sure. MS. ALIZADEH: I don't recall. I'd have to listen to it again since I don't have a transcript handy. ew Ao es wn I thought they said the 9 19th. 10 The date that the 11 interview took place. 12 The date, I think it was 13 the 19th. 14 : TI have the 19th. 15 MS. ALIZADEH: We certainly can put that 16 in and play the very beginning of it again just to 17 clarify the date. 18 2 Okay. 19 : August 19th. 20 : Okay. They got it in their | 21 notes. | 22 : I trust her. | 23 MS. WHIRLEY: Certainly can ask Sergeant | 24 he will be there. | 25 MS. ALIZADEH: At any time you can listen | Gore Perry Reporting and Video FAX 314-241-6750 314-241-6750 Www.goreperry.com Electronically slaned by qbidi tab Ofhe-4c¥8.0004-0teb0Sbiidas State of Missouri v. Darren Wilson Grand Jury Volume V September 16, 2014 Page 12 | 1 to any parts of these. | 2 (Recess) | : 4 of lawful age, having been first duly sworn to | 5 testify the truth, the whole truth, and | 6 nothing but the truth in the case aforesaid, | 7 deposes and says in reply to oral | & interrogatories, propounded as follows, to-wit: | 9 EXAMINATION | 10 BY MS. ALIZADEH: | 1. @ Would you state your name and spell it for | 12 the court reporter, please? | 13 A My name is | 14 Q Where are you employed? | 15 A City of Ferguson Police Department. | 16 Q How long have you been a police officer? | 7 A 38 years. | 18 @ Have all of these 38 years been with the | 19 Ferguson Police Department? | 20 A Yes, ma'am. | 21 Q Where did you get your training to become | 22 a police officer? | 23 A I attended the greater St. Louis Police | 24 Academy in 1976. | 25 Q And do you, are you a certified police | Gore Perry Reporting and Video FAX 314-241-6750 314-241-6750 Www.goreperry.com Electronically slaned by qbidi tab Ofhe-4c¥8.0004-0teb0Sbiidas State of Missouri v. Darren Wilson Grand Jury Volume V September 16, 2014 Page 13] 1 officer? | 2 A Yes, ma'am, I am. | 3 @ And do you have to undergo regular | 4 training and updates to keep that certification? | 5 A Yes, I do. | é @ And currently, what is your rank with the | 7 Ferguson Police Department? | 8 A I'm sergeant of police. | 9 Q How long have you been a sergeant? | 10 A December 2002, no, December 2001. | i @ What are your duties and responsibilities | 12 as a sergeant with the Ferguson Police Department? 13 A Currently I'm a squad supervisor. 14 Q Were those duties similar in August of 15 this year? 16 A Yes, ma'am. 17 Q 2014? 18 A Yes, ma'am, 19 Q Was Darren Wilson one of the officers that 20 you supervised? 21 A Yes, ma'am, he is. 22 Q Now, just in the interest of full 23 disclosure, you and I had a conversation yesterday 24 about your testimony today, correct? 25 A That is correct. Gore Perry Reporting and Video FAX 314-241-6750 314-241-6750 Www.goreperry.com Electronically slaned by qbidi tab Ofhe-4c¥8.0004-0teb0Sbiidas State of Missouri v. Darren Wilson Grand Jury Volume V September 16, 2014 Page 14 | 1 Q You've not prepared a report, an incident | 2 report in relation to this shooting, have you? | 7 A No, ma'am, I have not. | 4 Q So did I have you come in, and you and I | 5 talked about what you knew, what you saw, what you | 6 might be able to testify about, correct? | 7 A That is correct. 8 Q And previously you were interviewed by a 9 county detective as well as an FBI agent, an 10 attorney from the Department of Justice, and gave a 11 tape recorded statement; is that right? 12 A Yes, ma'am. 13 Q Now, I didn't play that statement for you 14 yesterday, did I? 15 A No, ma'am. 16 Q And since you gave that statement, have 17 you ever heard that recorded statement again? 18 A No, ma'am. 19 Q And do you think that the events of 20 August 9th, 2014, are still clear in your mind? 21 A Yes, ma'am. 22 Q So that day we've heard, we know a little 23. bit about the shift and how many officers were 24 working that day, Darren Wilson was working on your 25 squad that day; is that right? Gore Perry Reporting and Video FAX 314-241-6750 314-241-6750 Www.goreperry.com Electronically slaned by qbidi tab Ofhe-4c¥8.0004-0teb0Sbiidas State of Missouri v. Darren Wilson Grand Jury Volume V September 16, 2014 Page 15| 1 A That is correct. | 2 Q And his shift would have been from 6:00 | 3 a.m. to 6:00 p.m.? | 4 A Actually 6:30 a.m. to 6:30 p.m. | 5 Q Is that the entire squad has that same | 6 shift; is that right? | 7 A That is correct. 8 Q And we know that you received a call at 9 some point to go to the area of the Canfield Green 10 Apartments; is that right? 11 A Yes, ma'am, 12 Q And at the time that you received that 13 call, you were on duty; is that right? 14 A Yes, ma'am. 15 Q And you were actually at a call at that 16 time, correct? 7 A Yes, ma'am. 18 Q Did you know what the nature of why it was 19 that you were being asked to respond to that scene? 20 A No, ma'am. 21 Q Is there any kind of code that your police 22 department uses to indicate that there's some kind 23 of critical incident that may have occurred? 24 A We have a J code, J-1 would be immediate 25 response. Gore Perry Reporting and Video FAX 314-241-6750 314-241-6750 Www.goreperry.com Electronically slaned by qbidi tab Ofhe-4c¥8.0004-0teb0Sbiidas State of Missouri v. Darren Wilson Grand Jury Volume V September 16, 2014 Page 16 Q Now, is Ferguson Police Department dispatched by their own dispatchers? A Yes, ma'am, we have our own dispatching staff. Q want you to make sure you keep your voice up so everybody can hear you because with the fans sometimes it is kind of hard. That mike is ew Ao es wn recording, it is not necessarily amplifying your 9 voice, okay? 10 A Understood. 11 Q So you don't go through county's dispatch, 12 you have your own dispatching system, correct? 13 A Correct. 14 Q And are you aware that on your radios you 15 can get county dispatch channels? 16 A We have several various channels on our in 17 car radios and on our walkie-talkies. 18 Q@ As you are dressed today, you have a 19 uniform on, is that how you would have been dressed 20. that day? 21 AI was in short sleeves and no tie, but 22 yes, ma’am. 23 Q And I see that you have a mike that is 24 clipped to your epaulet on the shoulder of your 25 uniform shirt? Gore Perry Reporting and Video FAX 314-241-6750 314-241-6750 Www.goreperry.com Electronically slaned by qbidi tab Ofhe-4c¥8.0004-0teb0Sbiidas State of Missouri v. Darren Wilson Grand Jury Volume V September 16, 2014 Page 17 Yes, ma'am. Is that how you carry that all the time? >» Oo Db Yes, ma'am. Q And is there, is that mike attached then to a portable or mobile walkie-talkie? A Yes, it is. Q And does that radio on your belt have the ew Ao es wn same channels or can it get the same channels that 9 your police vehicles can get? 10 A That is correct. 11 Q And so when you're on duty, is there a 12 particular channel that you just stay on so that you 13 can hear the radio traffic and what's going on in 14 Ferguson? 15 A We have a primary channel and we are 16 usually on that during our work shift. 17 Q What's the primary channel? 18 A The frequency? 19 Q Is there a number like? 20 A It is Channel 1. 21 Q Okay. Let me ask you this. when there 22 are officers out in the City of Ferguson patrolling 23 and an officer uses his radio on Channel 1 and says 24 something regarding a call or just anything, hey, 25 I'm going out of service, I am going to go get Gore Perry Reporting and Video FAX 314-241-6750 314-241-6750 Www.goreperry.com Electronically slaned by qbidi tab Ofhe-4c¥8.0004-0teb0Sbiidas