Grand jury to hear evidence in Michael Brown case

FERGUSON, Mo. - A Missouri state prosecutor Tuesday prepared to present evidence to a grand jury in the police shooting death of an unarmed black teenager, hours before Attorney General Eric H. Holder Jr. was set to arrive to personally oversee the federal investigation.

On Tuesday night, the streets of Ferguson filled once more with protesters who marched in a large square-shaped pattern. In the first few hours, there were no reports of clashes with police, who stood by with batons and gas masks.

Earlier, a spokesman for St. Louis County Prosecutor Robert McCulloch said a grand jury planned to begin hearing evidence Wednesday in the shooting of Michael Brown by Darren Wilson, a white police officer. It remained unclear whether Wilson would face charges in the Aug. 9 incident, which has triggered days of violent protest and dozens of arrests.

In the suburb of Clayton, demonstrators who had gathered across the street from McCulloch's office grew in size and fervor Tuesday. Chanting "No justice, no peace, no racist police," the crowd rushed to the glass-front atrium of the county office building and was met by heavily armed police. At least two people were arrested.

In all, more than 78 people have been arrested in Ferguson since protests began, according to St. Louis County police. About 40 were arrested Monday night as small groups of demonstrators faced off with officers firing tear gas. Two people were shot in Ferguson during the chaotic night, apparently by others in the crowd. Police said no officers fired their weapons.

The St. Louis county executive and other local black leaders have challenged McCulloch's fitness to handle the case, in part because his father, a police officer, was killed in the line of duty when McCulloch was 12. The man who shot his father was black.

The county executive, Charlie Dooley, has said he also feels that McCulloch acted inappropriately when he publicly criticized Gov. Jay Nixon's decision to bring in the state highway patrol to lead efforts to quell the violent protests that erupted after Brown's death.

McCulloch, a Democrat first elected in 1991, has declined to step aside and has said his father's death does not affect his judgment. Nixon said Tuesday night that he would not ask McCulloch to step aside.

McCulloch's investigation of Brown's death is being monitored by the Justice Department and the FBI, which are also investigating the shooting in an expanding federal probe that has yielded more than 200 interviews. Holder will arrive in Ferguson on Wednesday.

McCulloch's office confirmed Tuesday that it had been in contact with Wilson's attorney and has obtained a full statement regarding the officer's version of events. The prosecutors would not elaborate.

According to people familiar with Wilson's account, the officer, who is on paid administrative leave and whose whereabouts are unknown, has told investigators that he struggled with Brown in his police cruiser and opened fire out of fear for his life after Brown charged at him.

Brown's family has said their son was shot with his hands in the air in an execution-style slaying.

The Justice Department, which ordered its own autopsy of Brown's body, has reached conclusions similar to those reached in two other autopsies, people familiar with the findings said Tuesday. Those autopsies, by the county medical examiner and by a medical examiner brought in by the teen's family, concluded that Brown was shot six times.

At all levels, Ferguson residents remain frustrated with law enforcement, State Rep. Sharon Pace said. Pace, a Democrat who represents Ferguson, said county and federal officials need to publicly define their roles and outline their next steps. "We aren't getting any information," Pace said.

Earlier in the day, police said they had come under "heavy gunfire" late Monday during another night of violence in this battle-scarred community of 21,000.

At a news conference, Capt. Ron Johnson of the Missouri State Highway Patrol said officers refrained from firing back at the protesters.

On Tuesday, just a few miles from Ferguson, St. Louis police shot and killed a knife-wielding 23-year-old black man after a reported convenience-store robbery. A large crowd, some chanting "Hands up, don't shoot," gathered at the site but had largely diminished within several hours.

Holder to draw on personal experiences. A9.EndText