NOVEMBER 24: St. Louis County Prosecutor Robert McCulloch announces the grand jury's decision not to indict Ferguson police officer Darren Wilson in the shooting death of Michael Brown on November 24, 2014, at the Buzz Westfall Justice Center in Clayton, Missouri. Ferguson has been struggling to return to normal after Brown, an 18-year-old black man, was killed by Darren Wilson, a white Ferguson police officer, on August 9. His death has sparked months of sometimes violent protests in Ferguson. (Photo by Cristina Fletes-Boutte-Pool/Getty Images)
No indictment in Michael Brown shooting
00:49 - Source: CNN

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Story highlights

NEW: Timing was meant to allow children, employees to get home, prosecutor's office says

NEW: Officials also wanted to let media set up, prosecutor's office says

But CNN legal analyst Jeffrey Toobin called decision "completely bizarre"

"Crowd control is always more difficult in the dark," he said

CNN  — 

During the height of the months-long protests in Ferguson last summer, police said demonstrators could protest all they want – as long as they stayed home after dark.

The reasoning back then: Troublemakers from outside the city come in to create chaos under cover of darkness, making the police’s job of maintaining order difficult.

And yet, even though a grand jury reached a decision on whether to indict Officer Darren Wilson by Monday afternoon, the decision wasn’t publicized until hours later – around 8 p.m. in Missouri.

So why did officials wait so long?

How prosecutor defended grand jury’s decision

Missouri Gov. Jay Nixon was asked by reporters about the nighttime announcement. Nixon said the decision was made solely by St. Louis County Prosecuting Attorney Robert McCulloch.

“We coordinated with law enforcement, gave schools time to get their children home and in a safe place, gave businesses time to make a decision on their employees’ safety, gave media time to set up, prepared our statement and made the announcement,” Edward Magee, executive assistant to McCulloch, said in a statement.

CNN senior legal analyst Jeffrey Toobin said McCulloch’s decision was “foolish and dangerous.”

“I find this a completely bizarre decision to do this at night,” Toobin said.

“Here’s the thing about that time of night: it’s dark. Anyone – anyone! – should have known that the decision in the Brown case would have been controversial. Crowd control is always more difficult in the dark.”

CNN legal analyst Paul Callan noted the announcement was supposed to be made at 8 p.m. ET but was rescheduled for 9 ET.

“Why would you be moving it another hour? I think the only reason can be that they don’t have their security forces in place,” he said.

Initially, prosecutors were expected to give law enforcement 48 hours’ notice from when the grand jury made its decision to when the announcement was made. But that clearly didn’t happen Monday, since the decision and the announcement came on the same day.

Community activist John Gaskin anticipated McCulloch’s explanation, saying he could understand if officials wanted to get schoolchildren home and businesses closed first.

“But he could have easily made this (announcement Tuesday) morning,” Gaskin said at the time.

Also, chilly nighttime weather can sometimes deter violence – though Ferguson’s near-freezing temperatures overnight didn’t stop agitators from looting businesses and setting dozens of buildings and cars on fire.

Benjamin Crump, the attorney representing slain teenager Michael Brown’s family, said Brown’s parents didn’t know what the decision was after dusk fell on Ferguson. And they found out that the grand jury had reached some sort of decision from watching CNN.

“It was very painful on behalf of his mother and father, that they did not get the notice that they were going to find out before the media found out.”

Complete coverage of what’s happening in Ferguson

CNN’s Evan Perez contributed to this report.