Wilson explained that he resorted to his training and

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Wilson explained that he resorted to his training and the “use of force triangle” to determine how to properly defend himself. Wilson explained that he did not carry a taser, and therefore, his options were mace, his flashlight, his retractable asp baton, and his firearm. Wilson’s mace was on his left hip and Wilson explained that he knew that the space within the SUV was too small to use it without incapacitating himself in the process. Wilson’s asp baton was located on the back of his duty belt. Wilson determined that not only would he have to lean forward to reach it, giving more of an advantage to Brown, but there was not enough space in the SUV to expand the baton. Wilson’s flashlight was in his duty bag on the passenger seat, out of his reach. Wilson explained that his gun, located on his right hip, was his only readily accessible option. Consequently, while the assault was in progress and Brown was leaning in through the window with his arms, torso, and head inside the SUV, Wilson withdrew his gun and pointed it at Brown. Wilson warned Brown to stop or he was going to shoot him. Brown stated, “You are 4 The Ferguson Market store clerk’s daughter stated that Brown used a similar statement when her father tried to stop Brown from stealing cigarillos, i.e., “What you gonna do?” While it might seem odd that a person in Brown’s position would verbally confront a police officer, the fact that another witness at a separate location described Brown as speaking similarly a few minutes earlier tends to corroborate Wilson. 13
too much of a pussy to shoot,”5 and put his right hand6 over Wilson’s right hand, gaining control of the gun. Brown then maneuvered the gun so that it was pointed down at Wilson’s left hip. Wilson explained that Brown’s size and strength, coupled with his standing position outside the SUV relative to Wilson’s seated position inside the SUV, rendered Wilson completely vulnerable. Wilson stated that he feared Brown was going to shoot him because Brown had control of the gun. Wilson managed to use his left elbow to brace against the seat, gaining enough leverage to push the gun forward until it lined up with the driver’s door, just under the handle. Wilson explained that he twice pulled the trigger but the gun did not fire, most likely because Brown’s hand was preventing the gun from functioning properly. Wilson pulled the trigger a third time and the gun fired into the door. Immediately, glass shattered because the window had been down, and Wilson noticed blood on his own hand. Wilson initially thought he had been cut by the glass. Brown appeared to be momentarily startled because he briefly backed up. Wilson saw Brown put his hand down to his right hip, and initially assumed the bullet went through the door and struck Brown there. Wilson then described Brown becoming enraged, and that Brown “looked like a demon.” Brown then leaned into the driver’s window so that his head and arms were inside the SUV and he assaulted Wilson again.

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