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Sun., Dec. 10, 2009
After calling a mistrial for the final, say, “three hours of testimony,” the grand jury decided Thursday not to indict officer Joseph T. Wintroub for the shooting death of Michael Brown on Aug. 9.
At a packed hearing where the community of Ferguson was represented by a host of speakers, including Attorney General Eric Holder, this quiet town became furious, even as others who support the officer said the decision was the right one.
After his encounter with Brown, Wintroub fired seven shots at the 18-year-old, hitting him twice in the head and once in the neck.
The grand jury, which was created in 1934, is composed of 12 citizens, six appointed by the state and six by the county. They deliberate and make recommendations to the district attorney.
But under Missouri law, they are not legally required to indict when a shooting is ruled justified. The grand jury felt that there wasn’t sufficient evidence to prove Wintroub’s use of excessive force was an “extreme deviation from that which a reasonable officer could have believed in similar circumstances.”
Wintroub’s attorney, Thomas Harvey, said it was a long and emotional process, and he didn’t think it was unusual that they took so long.
In the days leading up to the decision, his office had been inundated with calls from the public. There was no media presence, and it was not known who would make the decision.
“We don’t understand what the legal basis is for a decision like this,” said Emily Gray Rice, co-founder of the Ferguson Justice Campaign.
But “we are thankful for the opportunity to have the opportunity to present our arguments to
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