OTR Interviews

Darren Wilson's attorney speaks out on Ferguson cop shootings

Attorney for ex-Ferguson police officer who killed Michael Brown but was cleared of wrongdoing sounds off on his client and tension following Wednesday's shooting


This is a rush transcript from "On the Record," March 12, 2015. This copy may not be in its final form and may be updated.

GRETA VAN SUSTEREN, FOX NEWS HOST: It was the Ferguson grand jury's decision not to indict Officer Darren Wilson in the Michael Brown shooting that sparked more riots in the streets last November. And there is more news about the August shooting. Just last week, the Justice Department announcing that the state of Missouri -- that like the state of Missouri, it will not prosecute Officer Wilson.

And joining us, Officer Wilson's lawyer, James Towey. Good evening, sir.



What's your reflection on what's been going on the last 24 hours there?

TOWEY: You know, this was supposed to be sort of working towards healing. And I saw everything but that last night. You had officers out there who were trying to keep the peace and get a neighborhood put back together that's been torn apart by what happened in August. And after the report from the Justice Department came out, that detailed in-depth the investigation and how the shooting was justified, and that "Hands up, don't shoot" was contrived and completely false, you would think that people would kind of take a moment and pause and reflect on it and think, OK, now we need to move forward. And we're doing that with the resignations of the chief of police, with the city manager, and those various officers and court personnel. So you would think there would be some appreciation that there is a movement towards getting things back or getting things towards where they need to be.

VAN SUSTEREN: Jim, you know, I want peace there. And, you know, and the law enforcement work really hard for us. But, when you read this Department of Justice report, where it says things like, that in this department one email that joked about an abortion by an African-American woman being a means of crime control, I mean, just wicked, horrible things that are being, at least in this report, that is quiet shocking, when you read it.

TOWEY: Well, they are wholly inappropriate and absurd and don't belong in a public work place, or any work place for that matter. Those are small-minded people who say small-minded things.


VAN SUSTEREN: With weapons.

TOWEY: And hopefully, the rest of us are way above that.

VAN SUSTEREN: With weapons and with uniforms on.

TOWEY: I'm sorry, Greta?

VAN SUSTEREN: With weapons and with uniforms. The police chief, I mean, how long did the police chief know that this stuff was going on within his department? I know that he has now resigned, but, you know, this all started last August. I don't know how far back it goes. But it's rather quite horrifying.

TOWEY: Well, it is horrifying. But you are talking about emails and whispering and jokes. I think every work place probably has it. And I'm sure the bosses in most work places don't know what all the minions are whispering about or sending email jokes back and forth. So I don't know that you can hold him accountable for every individual's actions. But there has to be some accountability, and I think he has taken the step by resigning.

VAN SUSTEREN: I think it's a good idea that he resigned. But it's not just sort of email traffic. There is a report in here about arresting someone in a parking lot, which was wholly unnecessary. And, look, you know, look, I appreciate are everything law enforcement does, everything. But, when --

TOWEY: Right.

VAN SUSTEREN: -- if a lot of this stuff is going on and people are looking the other way, it is -- you know, it is deeply troubling. And, you know, this is sort of the job of the leader, sort of the job of the police chief, to have his department clean and treating people fairly.

TOWEY: Well, and I agree with that. And as the general counsel for the FOP, that kind of behavior certainly is not tolerated and is not contemplated by most of the members of law enforcement, in certainly Missouri, and I would say in our country. We have a very fine group of individuals that get up in the morning and put on their gear and go to the most heinous place that you could imagine and do it willingly. I get up, I put on a tie and I carry a briefcase. Those people go out and try to protect us and do their best. Every now and then, you'll have bad apples and we try to weed them out. And I think that's what's happening now.

VAN SUSTEREN: I have two things to add. Like you, I come to a pretty safe job. And other point is law enforcement risk their lives every single day for us and every single hour. And I appreciate that.

Jim, thank you.

TOWEY: Thank you, Greta.