Shooting by a local Police Officer was, in fact, a crime. A crime for which somebody should stand trial. The grand jury is 12 men and women. Their identities are secret. They have viewed evidence and observed witnesses. We will learn whether or not that grand jury has decided to bring charges involved in that shooting. His name is Darren Wilson. In terms of, again, what we are expecteding tonight, the county prosecutor is named Bob Mcculloch. It could be his dgsz about whether or not to bring charges. He, instead, decided that a grand jury would more properly make that decision. Were told to expected about a 20 minute statement, which presumably means that well not only get a statement about whether or not there will be an indictment and, if so, what charges. But there will also be an explanation on how the grand jury aroorived at this dgsz. You can see from the room, though, there are people in the foreground. Those are reporters. We know from the county Prosecutors Office that they booked see eed seats in advance. These are members of the press. Theyll be allowed to ask questions of Bob Mcculloch. Were also told most appear to be local reporters from the saint lewis area. If there is no indictment tonight, obviously, a lot of attention will focus to what the reaction will be in the streets. What the reaction will be from Michael Browns family. There will also be an interesting legal question. And that is whether or not the evidence will be publicly released. As weve been describing over the course of the day and into the evening here on msnbc, one of the anomalous decisions that this prosecutor made was to not just present evidence to this grand jury that would help make the best case for a specific indictment on a specific charge. The prosecutor announced that everything they had, everything, full stock, would be handed over to this grand jury. Again, over three months going over vol luminous evidence from four hours of testimony from Darren Wilson. The three hours of deliberations, excuse me, three months of deliberations. Were told were recorded. There were rourdings made of their deliberations and transcripts have been made of their recordings. Theres question as to whether that evidence and whether the tapes and transcripts of their deliberations will be releeszed to the public. We hear from the court that if, in fact, that request is made of the court, if an announcement is made that there is not going to be an indictment, the court is saying the courts dgsz about whether or not to release all of that information is a decision that will take some time and whether that will involve a judge. Were told to expect it. I want to bring in nbc news justice correspondent pete williams. A couple of things, rachel. The prosecutor actually origi l originally asked them to release the materials. My own guess would you describe be that that means there wont be an indictment. I say that sitly bassed on the fact that if there werent to be an indictment, the proceeding would continue. And there isnt a heck of a lot he can say other than just to disclose what the charges are. But if hes going to talk for 20 min you wante minutes and release documents, that doesnt tell me that theres going to be an indictment. We dont know yet. But this whole question about whether the prosecutor can, on his own, release materials from the grand jury is very unusual one. He, initially, in his arguments to the court said im not going to release the proceedings of the grand jury. Im making my own tript. Its mine. And i, under the missouri open records law, get to decide what too do with it. He initially asked the judge, is that okay, in essence, asking for an advisory opinion. Aparentally, deciding that he can do this. Its very unusual. Grand jury proceedings under state law, under federal law are secret. But he believes that theres a way around it or he doesnt or its a different matter. In terms to not give them any suggested charges and not filter any evidence that he gave them. Giving them a raw data dump of everything they have. How unusual is that as a decision, pete . Very. You know, you have to remember what a grand jury is. If its supposed to be a fitter between the crime and whether theres supposed to be a trial or not. Prosecutors normally make these decisions on their own. I guess about half the cases in that county go through a grand jury. Some states use them for all, some state e states dont use them at all. But theyre a check on the prosecution. Normally, what they do is say heres the evidence, this is the law, shall we indiet or not. Its not a mrksz in irksz trial, normally. Its just heres what i guess is that a fair krcri by then . What do they believe they can do if this was handled improperly by the prosecutor. They can sue for wrongful death. And the Legal Standard is very different if they decide to do that. Under missouri law, missouri is somewhat unusual in that the state law in missouri says that an officer has can shoot a fleeing felon even if the felon is unarmed, someone suspected of committing a felony. However, the u. S. Supreme court has said in federal cases, you apply a very different standard. And you cant shoot an unarmed felon. It would be a tougher standard for the Police Officer and ea easier standard for someone suing if thats what the family chooses to pursue. But i would think that that would be their best Legal Recourse rather than to try to sue the state for vie lating the normal grand jury proceedings. I dont know that theres any law that says a prosecutor cant give both sides to the grand jury. Pete, im going to ask you to standby for a moment. We do have an attorney for the family whos with us now who actually can speak drektly to that matter. Mr. Parks, thank you very much for being with us tonight. I apriesh yat your time. Thank you. Ole want to ask you, weve been looking at a realtime picture of protesters in the streets of ferguson tonight and theyre obviously anticipating this with a lot of anxiety. This may be the last moment before we hear this announcement, really, when people can hear reasonable arguments from both sides before i think were about to get a lot of emotion one way or the other. Is there anything that you can share from the perspective of the family or even the familys legal team in terms of what theyre hoping for from people who are so concerned about this case. Their belief that keeping the faith that our skrjustice syste will work correctly. Not because of anything else about him. That he should be able to walk awill and get away with this. Part of the protest movement around this case has been to try to achieve some measure of justice or at least some out rage in the streets to compensate for jus stis that is not coming through the system. If there is no indictment tonight, what do you think the prospects are for trying to get justice for Michael Brown through some other means. Through a civil suit or through some other legal proceeding that the family might bring and that, indeed, you may be involved in. Its a criminal prosecution as than more so a civil prosecution. Er in very focused on making sure that he pay his duty to society for what he did to Michael Brown that day. No matter what happened, Michael Brown did not deserve to be killed and that officer wilson showed a complete lack of appreciation for the life that he took that day. He did not have to take Michael Brown, jr. ,s life. Theyre very focused on that. And very sincere about that. I can tell you, i spent a whole week with them in geneva a few weeks ago. And justice would mean the prosecution. Nothing less, nothing more. In a fair trial. A public trial. They are very misz fill fill e that someone would fight so hard that theres not a public trial. Its just not right. Its really not right. Daryl parks, attorney for Michael Browns family. Sir, thank you very much for being with us tonight. Were told that the announcement is about to start in the next few sekt e seconds. Theyve been considering for three months now the case of the shooting of Michael Brown by Darren Wilson. This grand jury has been given the decision in which there should be a criminal trial for someone in that shooting. We are expecteding not just an anounszment of the raw decision, were also expecting a lengthy expla nation and were told that he will then take questions. Lets go live now to missouri. Thanks for your patience. I have a statement at the very beginning here and then well be happy to answer some questions when were finished with that. First and foremost, id like to, again, extend my deepest sympathies to the family of my kal brown. As ive said in the past, i know that regardless of the circumstances here, theyve lost a loved one to violence. I know that such a loss knows no bounds. On august 9, Michael Brown was shot and killed by Darren Wilson. Within minutes, accounts began appearing on social media. Little if any solid, accurate information. Almost immediately, neighbors began angering and because of the underlying tension between the Police Department and the significant part of the neighborhood. The saint Lewis County Police conducted an extensive investigation at the crime scene. That times, under very trying circumstances, interyou wanted at least once by random gunfire. Beginning that day and continuing for the next three months they, along with the agents of the federal bureau of investigation at the drebs of attorney general spsz eric holder gathered additional evidence and inform vgs. Fully aware of the unfounded by growing concern in some parts of our community that the investigation and review of this tragic death might not be full and fair, i decided immediately that all the physical evidence gathered, all the people claiming to have witnessed any, part or all of the shooting, any and all other related ed matte would be presented to the grand jury. Members sloikt eslerkted by a j may of this yearlong before this shooting occurred. I would like to briefly expand upon the unprecedented authorities. When attorney general holder first announced the investigation just days after the shooting, he plans that federal investigators will be working with local authorities as closely as possible in every step of the way and would follow the facts where ever they pay take us. Our separate invest gagszs follow that trail of facts our only goal was that the investigation would be thorough and deplete to give the grand jury, the department of justice and ultimately, the public, all Available Evidence to make an informed decision. All evidence was immediately shared with st. Louis county investigators. Likewise, all evidence gathered by st. Louis county police was immediately shared with the federal investigators. Initially, the department of justice conducted its own examination of all of the physical evidence and performed its own autopsy. All of this information was shared. Just as importantly, all testimony was immediately provided to the department of justice. Although the investigations are sprat, both the local and the federal government have all of the same information and evidence. Our investigation and par presentati presentation of the evidence has been completed. The most significant challenge has been the 24 hour news cycle. Following closely blind with the nonstop rumors or social media, i recognize that the lack of detail frustrates the meal e media and the general public and helps breed suspicion those already distrusting of the system. The physical evidence give Law Enforcement a yardstick for measuring the truthfulness of witnesses. Some were completely refuted by the evidence. As an example, the results of the private autopsy were released during interviews with the media and even during questioning by Law Enforcement claim that they saw officer wilson stand over Michael Brown and fire many round into his back. Others claim that officer wilson shot mr. Brown in the back as mr. Brown was running away. However, autopsies reveal that Michael Brown had not sustained any wounds to the back of his body. Some even admitted that they did not witness the event at all, but merely repeeted what they heard in the neighborhood or others or assumed had happen. The statements and the testimony of most of the witnesses were presented to the grand jury before the results were released by the media the jurors were, therefore, prior to the time released in the information going public and what followed in the news cycle, the jurors were already able to assess the credibility of the witnesses, including those witnesses whose statements and testimony remain consistent throughout every interview and were consistent with the physical evidence in this case. My two assistants began presenting to the grand jury. All 12 jurors were present for every session and all 12 heard every word of testimony and examined every item of evidence. Beginning august 20th and continuing until today, the grand jury worked tirelessly to examine and reexamine all of the testimony of the witnesses and all of the fids e physical evidence. They were extremely engaged in every process. They met on 25 separate days, heard over 70 hours of testimony and reviewed hours and hours of recordings of media and Law Enforcement interviews by many of the witnesses who testify. They heard from three medical examiners and experts on blood, dna, toxicology, firearms and drug analysis. They examined hundreds of photographs some of which they ask be taken. They were instructed on the law and presented with five diemts rarnging from murder in the frs e fft e fifth degree to voluntary manslaughter. Their burden was to determine if probable cause exists to believe that a crime was committed and that Darren Wilson was the person who kmited that crime. There is no question, of course, that Darren Wilson caused the death of Michael Brown by shoothding him. The law allows all people to defend themselves. So the grand jury considered whether wilson was the initial aggressor, in this case, or whether there was probable cause to believe that Darren Wilson was authorized as a Law Enforcement officer to use deadly force in this situation. Or if he act e acted in self defense. There was a full investigation of all evidence and appropriate instruction of law to the jury, to the grand jury. Second,as a caution to those in and out of the media who will pounce on a single sentence or a single witness and decide what should have happened in this case based on that tiny bit of information. The duty of the grand jury is to sprat fact from fiction. After a full and impartial examination of all of the evidence in law and examining any criminal charges against Darren Wilson, they accepted the empanel. It is important to note here and say again that they are the only people, the only people who have heard and kpnled every piece of evidence and every witness. After their exhaustive review of the evidence, the grand jury dlib rated over two days making their final dgsz. They determined that no probable cause exists to file any charge against officer wilson and returned a no true bill on each of the five indictments. The physical and Scientific Evidence tells the 5 00 rat and tragic story of what happened. A very general sill notary public sisz of the testimony and physical evidence presented to the grand jury follows. Please noet, as i have promised, the evidence presented to the grand jury with some exceptions and the testimony of the witnesses called to the grand jury will be released at the conclusion of this statement. At approximately 1145 a. M. , Darren Wilson was dispatched to the north wipds apartment complex for an emergency involving a twomonth infant having trouble breathing. At approximately 11 53, while still at the north winds call, wilson heard a radio bro cast f bro broadcast in progress. Other officers were dispatched. Officer wilson had left north winds complex in his Ferguson Police vehicle, a chevy tahoe, suv. An additional description of the stealing suspect was broadcast e cast about that time. Wearing a red hat, yellow socks, khaki shorts and with another male. As officer will soninlaw was attending to his emergency call on north winds, Michael Brown and a companion were in a local Convenience Store on west floreson. Michael browns activity was recorded by the Stores Security cameras. The video often played following its releesz in august, shows Michael Brown grabbing a handful of cigarelloa srksz and heading to the exit without paying. Someone inside the star called the police. After crossing west floreson, the two walked east. Mr. Brown directly behind his companion. As officer wilson continued west. He encountered Michael Brown and his companion. As wilson slowed or stopped, as he reached mr. Brown, he tomd them to move to the sidewalk. Words were exchanged and Michael Brown continued down the street. At approximately 1202 p. M. , wilson radioed that he had two individuals on canfield and needed assistance. Officer wilson backed his vehicle at an angle. An ator kagsz took place at the car with officer wilson seated inside the vehicle and mr. Brown standing at the drivers window. During the ator kagsz, two shots were fired by officer wilson while still inside the vehicle. Mr. Brown ran east on canfield and officer wilson gave chase. Near the corner of canfield and copper creek, as Michael Brown moved toward the officer, several mo