attorney kendel coffee and john burriss. you both for being here. >> thank you. >> john burriss, different accounts. but the only eyewitnesss said michael brown gave up and had his arms raised. >> in every case you will have conflicting witnesses and testimony. particularly you have to look to see what is their motive and where they are at the time they made the observations. three people say he had his hands up. other people said something totally different. at the end of the day, the question is, how far away was the police officer from mr. brown when he shot and i think also more importantly, what happened before. i think what happened at that car plays a huge role in assessing the overall fact pattern. but at the same time, if mr. brown turned around, had his hands up, even if he was bent over slightly, that's an basis to shoot him if you are some distance away. the question is whether or not the officer perceived and had reasonableness to perceive what mr. brown was doing. i think on balance, the defendant has got to ov