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:
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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
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Electronically slaned by qbidi tab Ofhe-4c¥8.0004-0teb0SbiidasElectronically 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
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“eb3d11a0-0'9a-4c75.9984-a1a9bSb2fdasState 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
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7
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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.
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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
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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.
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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
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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.
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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
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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
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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.
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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.
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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 |
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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 |
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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.
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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?
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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.
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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
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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?
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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
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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
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