(CNN) – The decision to indict the officer who killed Michael Brown could be decided by a single bullet.
With a grand jury now trying to sort out the deadly encounter between the unarmed 18-year-old Michael Brown and Ferguson police officer Darren Wilson, a single bullet could be a tipping point toward an indictment.
Attorneys from Brown’s parents call it the kill-shot – the fatal bullet that hit a very tall young man – in the very top of his head.
Daryl Parks, the Brown family said, “Why would he be shot in the very top of his head? 6’4″ man. Makes no sense.”
The family’s independent autopsy finding suggests Brown was leaning forward, his head down – maybe wounded and falling when the fatal bullet entered his brain.
That could be the start for a grand jury looking for evidence that a crime had been committed.
Peter Joy, a Washington University Law Professor, said “So, it’s not what we see on television about proof beyond a reasonable doubt. And it’s not even measuring the evidence, like a preponderance of evidence.”
Joy explains, the grand jury could be flooded with evidence, but it doesn’t have to decide if anyone is guilty or innocent.
It can sort through eyewitness testimony, like that of Tiffany Mitchell, who said “He turns around facing the cop and he put his hands in the air”, or Michael Brady, who said “He have his arms like under his stomach and he was like half way down like he was going down.”
It will be necessary when trying to figure out if Brown was charging and the officer feared for his life, or if Brown was surrendering.
The clinical evaluation of the fatal shot, its location and direction could be key.
Could that give this jury “probable cause”?
Joy said, “It could, but only if you look at it in light of where the officer was to Mr. Brown and what Mr. Brown was doing.”
The St. Louis grand jury has already started its secret examination of the Brown evidence–a process the prosecutor says could push into mid-October before all the evidence is seen and all the eyewitnesses are heard.