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What to look for in the dueling autopsies of Michael Brown

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48hillsbrown

By A.C. Thompson

Ed note: A.C. used to work for me at the Bay Guardian, and I thought this piece he wrote might be useful not only for discussions about Michael Brown but about the autopsy of Alex Nieto.

OCTOBER 7, 2014 — In the next few weeks, separate teams of doctors will issue autopsy reports about Michael Brown, the unarmed African American shot to death by a police officer in Ferguson, Missouri. If history is any guide, they will differ, perhaps significantly, on how to interpret the gunshot wounds on his body. Michael Baden, the veteran medical examiner chosen to autopsy the body by Brown’s family, has released the preliminary results of his autopsy and both the St. Louis County Medical Examiner and U.S. Justice Department have announced plans to conduct or commission separate post mortems.

As a journalist, I’ve read roughly 1,000 autopsy reports and spent much of my career reporting on fatal encounters between police officers and civilians. Here’s some of what Baden found and what experts will be looking for as they examine Brown’s corpse:

  1. Evidence that Brown was fleeing from the officer who shot him, Darren Wilson. Shots to the back are a red flag, indicating the victim may have been running from the officer rather than attacking. The basic law on use of force turns on whether a police officer acted from a “reasonable belief” that he or she was facing a lethal threat. Baden — who was hired by Brown’s family — believes Brown was shot at least six times with all the bullets striking him from the front.

 

  1. Signs of a physical altercation. Forensic pathologists study the exterior of the body for bruises, scrapes and lacerations which can be signs that a scuffle preceded the fatal shots. Witnesses have said Brown and Wilson wrestled in the moments before the killing. On Baden’s diagram of Brown’s body, the doctor does not appear to have noted any significant injuries other than the gun shot wounds. Baden did not find gunpowder residue on Brown’s hands, one piece of evidence that would likely be present if the two men were struggling for control of a gun discharged at close range.

 

  1. Bullet trajectory. Shots fired at a downward angle may indicate the officer fired while the victim was on his knees or laying on the ground. A person in those positions generally poses less of a physical threat. Baden said a shot to Brown’s head appeared to have come from above; he believes this was the fatal shot.

 

  1. Number of shots. Baden voiced concern over the fact that Brown was hit by at least six shots. The doctor, who served earlier in his career as chief medical examiner for New York City and as an expert for the New York State Police, was quoted by the New York Times as saying, “In my capacity as the forensic examiner for the New York State Police, I would say, ‘You’re not supposed to shoot so many times.'” The number of shots may or may not be significant. Training on lethal force varies from department to department. Many forces train officers to continue firing until the suspect has been completely subdued. Some experts say that incidents in which a civilian has been hit with a single shot are more suspicious than those with multiple shots: The lone bullet could have been fired accidentally or in a moment of rage.

 

  1. Gunshot residue. The presence of gunshot residue (GSR) on the skin or clothes of the victim may mean that the person was shot at very close range. Baden found no GSR on Brown’s body, but said he did not scrutinize his clothing. Additionally, bullets fired from a few inches away leave distinct wound patterns on the flesh. Baden’s report suggests the shots were fired from further away.

 

  1. The presence of alcohol or drugs. Baden has not reviewed the toxicology tests, but results of those tests should be available soon (though it could take the authorities months to release them). Forensic pathologists typically fill vials with bodily fluids — urine, blood, or vitreous humor, the fluid within the eyeballs — and send them off to outside laboratories to be screened for alcohol, prescription drugs, and street drugs. If drugs or alcohol are discovered Brown’s system, that information might provide some additional context to the fatal events.

In some police-civilian clashes, the evidence discovered during an autopsy turns out to be crucial. In the case of Michael Brown, it’s not clear how useful this trio of autopsies will be. As the nation tries to understand what happened on August 9, the autopsy results may well not prove conclusive on the key questions.

A.C. Thompson covers criminal justice issues for ProPublica

Tim Redmond
Tim Redmond has been a political and investigative reporter in San Francisco for more than 30 years. He spent much of that time as executive editor of the Bay Guardian. He is the founder of 48hills.

1 COMMENT

  1. The writer is to be commended for a factual and non-emotional account here. A few nitpicks though:

    In point 1, it says: “The basic law on use of force turns on whether a police officer acted from a “reasonable belief” that he or she was facing a lethal threat.:

    This is not correct. Typically the guidelines allow a cop to use deadly force when anyone is threatened, and not just the cop himself. So the fact that someone is shot in the back may be entirely consistent with the cop trying to prevent him harming others.

    Where it gets more cloudy is in a case where a cop shoots a perp solely because the perp would otherwise have escaped, having harmed others. Reasonable people can differ on that, but personally I can see the case for it if the cop believes that the perp is, say, on a shooting spree and may continue to present a danger to the public. So a shot in the back is not a definitive red flag; it depends.

    In point 3, the argument is made that the fatal shot had a downward trajectory, suggesting that Brown was less of a threat if he was not standing. However, if that was not the first shot, then his lower body position might have been because of the impact of the earlier shots, and not because he was somehow voluntarily cowering or surrendering. People also squat in a gun battle to present a smaller target, to take cover, or to steady their aim.

    In point 4, it is suggested that: “You’re not supposed to shoot so many times.” The idea that you can shoot someone just once with a handgun and they become incapacitated is only for TV shows and the movies or if you’re lucky enough to get a head or heart shot. The reality is that it can take several shots, sometimes many, to be 100% certain of stopping someone. This is because many shots will miss in a chaotic confrontation, while other shots may hit non-vital parts of the body. It will depend on the type of firearm, the caliber ammo being used, the size of the bad guy, the distance, and other factors.

    That’s why the usual advice is to fire until the other guy is clearly down and out, and that can be unclear in many cases. (This also explains why so many shots were fired at Nieto; 4 cops emptying 10-round clips is consistent with the guidelines, particularly at 70 feet or so). A gun that requires reloading between each shot is near useless for self-defense. So I’m not sure that the number of shots is indicative of anything material.

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