Michael Brown was apparently a shoplifter and a bully. If this was the case, he should have been compelled to make restitution to the victims. (Interestingly, although Wilson claimed to have seen stolen cigarillos in Brown’s hands during the “assault,” they were never found.) While there’s no clear evidence that Brown ever assaulted Wilson, it is indisputable from Wilson’s testimony that he was the one who escalated the encounter by threatening lethal force. This is problematic even under positivist legal precedents: Per Bad Elk vs. US, Brown — even as a criminal suspect — didn’t have a duty to die simply because Wilson had the means to kill him, and according Tennessee vs. Garner Wilson didn’t have the legal authority to kill Brown simply because he tried to evade arrest.
Here's the link.