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Legal Expert: Based On Testimony, Ferguson Grand Jury Made Right Call

(CBS) -- Many law experts have a different take on the grand jury's decision.

CBS 2's Jim Williams talked to our legal analyst Irv Miller, who says based on the testimony that was presented, the grand jury made the right call.

"Knowing there could be a riot in the streets -- not only in Missouri but throughout the nation -- I guarantee they struggled with this case and they still came up with the fact that they just couldn't issue an indictment," Miller said.

The grand jury couldn't indict officer Darren Wilson, Irv Miller says, because Wilson's testimony was consistent with three separate autopsies, including one requested by Michael Brown's family.

Wilson testified Brown tried to get his weapon.

"He came around with his arm extended, fist made, and went like that, straight at my face with his...a full swing from his left hand," the testimony said.

Miller says early reports that Wilson fired at Brown as his hands were in the air are contradicted by photos of Wilson's bruised face, autopsy reports, witness testimony and Brown's blood inside the squad car.

"There had to be some confrontation there that caused the officer to take his gun out in the car and fire in the car... there was a bullet in the car," Miller said.

Miller says it went to a grand jury, "to put everything in front of the grand jury and let these 12 citizens decide whether or not there was probable cause ... As to what was actually testified before the grand jury, the grand jury made the right call."

Irv Miller is a former supervisor in the Cook County State's Attorney's office, who often decided to whether to go to a grand jury in criminal cases. Today, he's a defense attorney.

Irv believes police officers should wear body cameras so the public can see exactly what happens in these cases.

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