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FERGUSON, MO (KTVI) - Ferguson Police Officer Darren Wilson did not show up to a drug case, in which Wilson`s required to testify. It`s also a case in which he was awarded a commendation.

The St. Louis County Assistant Prosecutor did not drop the case. He asked to try again, this time before a Grand Jury. The Judge agreed. The suspect`s attorney doesn`t think it`ll make a difference. Attorney Nick Zotos said Officer Wilson probably won`t show up to that either. Zotos explained, 'It`s been set for preliminary for 6 weeks. He`s a no show.'

Zotos represents Christopher Brooks, a Ferguson man facing a felony charge of marijuana possession with the intent to distribute. Zotos said, 'I`m uncertain as to what will be presented to the Grand Jury because if Wilson is following the advice of his lawyers, then I have to assume there`s a `no true bill` unless they bring in another officer who was collateral.

Reporter Hayes asked, 'Everybody else came in after ward is that correct?

Zotos answered, 'That`s my understanding from the report that was offered by Mr. Wilson.'

Hayes: 'So he`s the key to this investigation. He is the only key.'

Zotos: 'They can`t make the case without Wilson.'

It involves this police report obtained by the St. Louis Post Dispatch. In February 2013, it says Brooks was 'resisting' to the point that Wilson wrote, 'I positioned my body on top of his upper back, while holding his head down.'

After the arrest, Wilson said he found marijuana, plastic bags and a scale.

The suspect reportedly wrote about it in a Facebook post. The St. Louis Post-Dispatch grabbed it before the post before it disappeared. Chris Brooks wrote "I been at war wit (sic) Ferguson Pd." He claimed Wilson "beat" him and wrote "Wilson deserves to die!!"

Defense Attorney Zotos wouldn't address his client's claims, but said he doesn't think Officer Wilson will tell his story to the Grand Jury, even though Wilson did recently testify about shooting Michael Brown.

Zotos explained, 'I would guess that his lawyers thought he would make a good witness in front of the Grand Jury and it`s his best opportunity to head off an indictment.'

Hayes asked, 'Why wouldn`t he make a good witness in this coming case?'

Zotos said, 'I`m not certain that you know - whether he`s controlling the story.'

Zotos says it`s likely the case against his client will go away without Officer Wilson`s testimony. We should know the answer after a hearing October 27th.

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