It is in the evidence.
Chris Hayes covers all of that tonight, and will be available to see after the show, in the beginning of the show.
Sixteen witnesses say so, including 4 or 5 who's names are available and mentioned on the show.
There has been no evidence to disprove him having put his arms up, and in fact there is video of two construction workers who put their hands up more ts after the shooting saying "he had his hands up".
Furthermore, there is more stuff that would confuse wingers if I went over it, but in short there has been no exoneration, legally, of Wilson, and another prosecutor can charge him, as well as the Feds, etc.