More specifically, the DOJ report says there is no physical evidence nor credible witness to support the claim that Brown's hands were up in surrener.
More to the point, the DOJ report says there are numerous credible witnesses who say that Brown's hands were not up.
The DOJ report also says that the gunpowder residue in the wound on Brown's right thumb supports Wilson's claim that Brown was going for the officer's gun.
The fact is that Brown was retracing his path back towards Wilson and was charging him. The DOJ points to the blood trail in the roadway leading back to Brown's body when discrediting witnesses who claimed Brown was shot where he turned. Those self-professed witnesses also happen to be the only ones who say Brown had his hands up in surrender.