this is how it feels to hotwire. ♪ everything. now here comes megyn kelly. >> breaking tonight, major developments on the crisis in ferguson, missouri and the missouri governor comments that started a fire storm. with comments that he decided the guilt of the officer in this case before an investigation. welcome to a live midnight hour of "the kelly file" we're keeping an eye on the streets of ferguson tonight. we're also tracking a stunning report that broke just before we went to air at 9:00 p.m eastern this evening. missouri governor jay nixon released a taped statement about
the officer-involved shooting that killed 18-year-old mike brown. there are conflicting accounts, and multiple investigations still underway in the officer has yet to be heard in this case with his own defense of the conduct, in prepared remarks tonight, missouri governor seemed to suggest that he knows exactly how this case should go. >> ten days ago, a police officer shot and killed michael brown. in broad daylight. we have a responsibility to come together and do everything we can to achieve justice for the family. >> the st. louis county prosecutor and attorney general of the united states each have a job to do. the investigation must be carried out thoroughly, promptly and correctly. once achieving peace in
ferguson, we must rebuild the trust that has been lost. so i ask we work together as we work to achieve justice for michael brown. >> our coverage begins with trace ghallager tonight. >> the president of the missouri fraternal order of police made it clear they're disappointed in governor jay nixon's comments. here is part of the your interview from tonight. play it. >> unfortunately, justice needs to go both ways. darren has been vilified in the press and by politicians with minimal facts being made public we do not comment on the cases until facts are in. we felt it was very necessary that we had to say, hey, we're open for a thorough investigation but we're
concerned about the due process rights of darren. >> missouri lieutenant governor was quick to weigh in, kinder said he'd been trying to hold his tongue for days but can no longer sit, silent. listen. >> just as you and i and the governor were not there on saturday afternoon, the ninth of august when this awful, awful incident went down, we will not be sitting on that grand jury and it would be wrong for a prosecutor to say what the governor has said here tonight and it's wrong for the governor of missouri to have said it. >> and in missouri, officer darren wilson has the right to go before the grand jury. it's unclear if he'll do that the police report has not been released, officer wilson's side of the story is starting to get out. a source close to the police chief tells fox news before michael brown was shot to death he punched officer wilson in the face. swelling the left side. then, there was a struggle for
the officer's gun that went off. first, mying yil brown ran, then turned and went toward officer wilson. wilson, who was dazed began firing but we're told brown kept coming, until the final shot in the head witnesses also saw brown coming towards the officer. now, the fraternal order of police say it's up to the county prosecutors to seek justice. >> we have full confidence that bob mccullough did an unbiassed job. we wish everybody would stand down and not make an opinion in the the facts have been brought out. >> facts will come in, but will people stand down becomes the question tonight. >> during the last hour, shepherd smith had a chance to speak with the governor's office in missouri.
shep, what did they say? >> no they say we stand by the statement and video his press secretary said what he meant was that the investigation needs to go forward and chips should fall where they may. so, by observation, not by critique, he has a video goes out to the potential grand jurors and people said one thing, and then, a press secretary on the phone to me, saying another. you don't get it both ways >> i heard you saying he claimed well, what the governor meant is justice in this case. not necessarily for michael brown. is that about what he said? >> well, that is what he said over the phone. but not what the governor said in a video that went everywhere. >> let me show show the audience. just look at this. keep in mind the governor's office claiming what he meant was justice in the case play it. >> we have a responsibility to come together and do everything we can to achieve justice for
this family, once we have achieved peace in ferguson, and justice for the family of michael brown so i ask we continue to stand together. as we work to achieve justice for michael brown. >> if it wasn't a slip of the tongue over and over and over? >> it's also not a new script. there is one message for the voters, we know where polls are. there is another message for the reporter on the phone, hoping he doesn't get vilified. in my estimation from what i saw on that videotape, standing alone is now available in the st. louis post dispatch, the governor took sides. >> as you have a state senator demanding that an indictment be returned, otherwise protests we've been seeing goring to look like a picnic. yufr got the governor saying a vigorous prosecution must be pursued. hours before the grand jury convenes. talk about putting your thumb on
the scale of justice, shepherd. >> it has been incredible to watch. there have been so many different competing narratives for what it is that is happening there. one day, one police officer is in charge. next day, another is. one day, national guard coming out to patrol, another day, patrol. one day, the governor calls for an investigation. if visited the scene, i haven't seen him there. it's just -- >> next day, he says just prosecute the guy. his investigation is obviously complete. >> i had a chance to speak with the mayor of ferguson tonight. and i asked about the remarks that he is ready to see the officer face prosecution here is some of that. >> what do you make of governor nixon coming out and demanding a vigorous prosecution of this officer? and demanding justice, not just in the case, but justice for michael brown's family. do you believe he made up his
mind in this case? >> it sounds like it. it's unfortunate. governor nixon was our attorney general 16 years. i assume he understands and knows what the process is. so i would hope his mind and other people will keep their mind open and allow facts to come out before they rush to judgment. >> won't that be nice? so tell us about governor nixon. >> what it looks like is cracking under the strain. looks like with the attorney general bound for missouri and bringing a lot of heat with him, on the handling of this and pressure from civil rights groups, and activists nationally, traveling metaphorly and from civil rights african american leaders across
missouri, lots of pressure on nixon. protests at his office, and around the state, increasingly targeting him. it looks like he decided that the way to deal with that was to come out, give them what they wanted, he echoed the call of the protestors the call is arrest him, and he said vigorously prosecute. >> that way our justice system works. and he knows damn well that is the case he knows it. he was the attorney general. he has a responsibility as chief executive that have state not to stoke the fires chris. is he that worried about his political hide that he's going to endanger this officer's life? they don't need the governor to think he's backing up the people saying if there is not an indictment there is going to be more trouble. >> and you noted the loaded phrase, used the term brown was
shot in broad daylight. >> right. >> why? what is the difference about daylight versus night? >> no statement thereafter, saying we understand that the officer has not yet had a chance to present his defense, he's been hospitalized thanks to injuries received. nothing. >> nothing. >> hot wards the problem for jay nixon is he recently took a trip to iowa. he's seen as having, having had aspirations maybe trying to be hillary clinton's running mate or future aspirations in 2016. reality is that you're in a republican-leaning state in order to take power, in order to get elected you have to have unified support among black voters in st. louis and kansas city, otherwise there is no way in. he's tremendously obliged to black voters in missouri. and obviously they got response from him.
he didn't respond for a long time after he did, they didn't like the response of rolling national guard out there. now, he's veered in a way that is likely to upset more voters in the state, prejudging and interfering with a legal process that is already fraught with so much difficulty. >> i will say that is someone practicing law nearly a decade that w that was an irresponsible statement to make on the eve of the grand jury convening and he needs to apologize for getting ahead. we're taking your thoughts on it. go to our facebook page and let us know what you think. well, at this time last night the protests began to turn ugly in ferguson we'll speak next to the local pastor unhappy with reverend jesse jackson, reverend al
sharpton and the message they're bringing town. plus, did you hear about the police shooting of a black man in st. louis this afternoon? ♪ [ dog barks ] ♪ [ male announcer ] imagine the cars we drive... being able to see so clearly... to respond so intelligently and so quickly, they can help protect us from a world of unseen danger. it's the stuff of science fiction... minus the fiction. and it is mercedes-benz... today. see your authorized dealer for exceptional offers through mercedes-benz financial services.
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go to the tail end of what we've seen tonight. this is a line of police officers they've cleared out of the parking lot running parallel to florissant avenue. every time you get people hanging around, trouble seems to boil up we saw a couple people getting fired up in a bunch the technique we've seen from the police is that they're using community leaders to goes to go approach these people. they can't get mediators to talk down an individual they pluck them out of the crowd. each time there is a bunch of drama and friction. that is the kind of thing police are trying to avoid. you've got big numbers in different positions than last night. but by and large, what they're letting protestors do is protest to their heart's content until they run out of steam.
>> thank you. >> marchers have had no shortage of company in the last days including this thought on sunday. >> we have had enough the issue is a young man with no deadly threats, was shot multiple times. that is the issue and that is the issue america got to deal with. we don't want no double talking. we want to know where justice is. >> joining me now, pastor robert white from peace of mind church he's been out there trying to maintain calm and lower the temperature. pastor good of you to be with us tonight.
you don't think al sharpton is helping. why? >> actually, we do appreciate the support we've gotten from our national leader, mr. sharpton provided invaluable support to us f i can just reiterate what he said we have had enough we want to know where justice is. so after talking to mr. sharpton he's providing some strategies for us as local leaders on how to keep the peace your reporter is talking about. we have peace keepers out there, clergy out there. partnered with community leaders as well as police force on what we can do every day to keep the peace in the community. >> that is great your group has been out there working to do that. just want to make sure i understand what you're saying about reverend al sharpton. you said they were only here for
a photo op and critical of them. are you saying that since then, you've sat down with al sharpton and come to a different point of view? >> well, i think the power of words have allowed me to have access to sit with him and talk. gave me an opportunity to not just see what is on the news but talk about strategy going forward. >> let me guess. those strategies include you not criticizing him anymore? >> i don't have a problem criticizing him. we're not going agree on everything. right now we're in agreement on what to do each day to keep the peace. we're trying to eliminate the number of guys being arrested and killed as well as number of outside agitators coming here causing this ruckus in our community. >> one of the problems is that he's been accused of being an outside agitator because he's said things we've just heard that he was posing no deadly threat going to the heart of the matter, what a grand jury and pho
phone -- potentially a jury will have to decide he doesn't know whether michael brown was posing a threat or not. >> we believe in a democratic progress i do believe the officer is guilty of the unrest caused business bihis actions he was called to serve this is a fox news alert from los angeles. i'm robert gray. they've been protesting the deadly shooting of 18-year-old michael brown at the hands of a police officer. and scuffles after a water bottle was thrown at police and this followed a scuffle last night with tear gas and they protest a police shooting of
michael brown over a week ago. police claiming it happened after brown pushed the officer into a squad car and wrestled him for the gun. at least one shot was fired inside the car before the struggle spilled out onto the street. johnson at the scene with brown telling a very different story, claimed the officer grabbed brown's neck and tried to pull him into the car and fired at brown when he started to run and altercation s cos coming tonigh despite an effort to diffuse the situation and state highway patrol taken over for legal police inferring son. you're looking at the police there going through and trying to disperse some of the crowd. we're after midnight inferring son and seen water bottles being thrown at police tonight. we have not seen any show of force yet from the police but they have lined up, starting to circle around one particular area near where the media has been set up this evening. we've been able to follow this
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breaking tonight as we watch protests unfold in ferguson, we keep an eye on st. louis. a black male was allegedly robbing a convenience store when police shown up he said to have saying kill me now moving toward them with a knife. a contributor joins us live from ferguson. so, justin, they d they did shoot and kill him.
>> yeah. and there is still a lot of -- we don't have a name shot and killed today. but, it's been a concern, probable i for a lot of law enforcement here whether or not that is going to be a situation turning into kind of another flash point. it's come so soon after mike brown's death. >> this man was mentally unstable, saying shoot me, kill me. they were saying put the knife down. it's not like they said okay. we will he reportedly lurched at them and they reportedly opened fire. none theless has there been criticism they should have found another way? >> absolutely. it's going to happen any time there is a fatal, police he involved shooting. i've heard the officers did not have tasers on them. that is something people have brought up in the wake of mike brown's death. in addition to the fact that a lot of people here feel that the
six shots apparently fired in the brown was just egregious overuse of lethal force. >> we hear that a lot. yet, who is to say, you know? what would justin do? what would megyn do if confronted by someone we thought was about to kill us? would you empty your gun? what? this second guess goings on is appropriate but also dangerous. >> right. and i guess what a lot of people here are saying is where was this threat? one thing to be in fear for your life is what people are saying. another thing to just be in fear of kind of getting beat up. and the idea here is that six shots is way too many to be firing at someone, while the police have their time, the
officer has their time. there are statements that say that he was in the process of surrendering when shot. and therefore, probably shouldn't have died. >> many of them have been inconi inconsistent. which is why this needs to play without any t of law. incidents, just continue, thank you for the update. >> yes. thank you. >> we don't know. that is why we have a justice system and trust it. the brown family attorney told
me, what will you do? he said that grand jury better indictment. that is where we stand tonight in this case. coming up next, as you heard missouri governor seems to be sharing his own verdict tonight. thanks for that. and new fallout right after the break. [ femal shopping online is as easy as it gets. wouldn't it be great if hiring plumbers, carpenters [ femal and even piano tuners were just as simple? thanks to angie's list, now it is. we've made hiring anyone from a handyman to a dog walker as simple as a few clicks. buy their services directly at angieslist.com no more calling around. no more hassles. start shopping from a list of top-rated providers today. angie's list is revolutionizing local service again. visit angieslist.com today. we make things that give you goose bumps. things that adapt
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they disbursed the crowd with tear gas and confiscating a couple of pistols they showed to media and moll la tof kaccockta and brown and another man pushed the officer in the squad car and wrestled him for the gun and this has spilled into the street. and the man with brown tells a different story claims the officer grabbed brown's neck and tried to pull him into the car and fired at brown and making an effort to run. the state highway patrol is taking over from the much criticized local police inferring son and seeing police trying to sweep through and pleading with locals to protest during the day and go home
instead of providing cover for the bad actors inferring son who they have been arresting people as far away as los angeles and new york. there inferring son, you can see the police out with a show of force tonight. we will bring in right now, mark furman, l.a. p.d. homicide detective and fox news contributor. mark is joining us on the phone and thanks for joining us late this evening. mark, are you with us? we seem to be having some trouble with mark's line right now. we will try and get him back. >> i'm back. i'm there. >> mark is there. thank you, mark, thank you for joining us here. we are looking at live pictures well after midnight local time there. police sort of cordoned off an area near where the media set up. we want to bring you in to talk
about the police activity we're seeing, the standoff and the way the police are handling the investigation so far, which would fall back into your experience and your wheelhouse there. as we're getting ready for the grand jury to begin, we're hearing from the governor today, the statement out talking about bringing an indictment, to get your take on where we stand right now. >> well, let's start with the governor. the governor should perhaps mind his own business. this is a police investigation. the investigation has not been completed, not even close. there's no possible way a homicide investigation could be concluding this quickly to be able to present it to the grand jury. the governor is basically asking for the head of an officer that is working for a city within his sta state. it is so improper and out of line, there's just notvi
you have much of the force to try to control the situation on the street. how much has that -- >> it takes a few weeks to actually write-up the reports, collect the autopsy -- the autopsy report, not just the summary, but the actual report usually takes 30 days to two months to get from the medical examiner. even if you expedite everything there's no possible way they have a complete and conclusive investigation. they have not been able to investigate anything in the light of the rioting. this is absolutely absurd to think that in one week you could present a case to the grand jury and actually show any kind of justice for anybody involved in this case.
>> have you ever seen anything move at this kind of speed? any cases in your experience, both on the beat and since then? >> i've seen things move at this speed in third world countries. if you want go to mexico, yes, this is the way it works. >> what about in the u.s.? >> in the u.s., i've never seen anything like this. this is really an embarrassing situation for this country right now to watch an agency be bullied into trying to come to some conclusion to apiece people that are really holding ferguson and really the state of missouri hostage, saying that unless they see an indictment, the rioting will continue. you know, if these were children and they said, well, we're not going to eat unless you give me
this, what do you do, just give them what they want? i mean, that's really the situation we're in here. the police right now have been criticized so unfairly for how they're handling this. this is a riot. these are people committing crimes. they should be chasing down looters, they should be identifying people from photographs and doing search warrants during the daytime and arresting them for looting. they're not doing that. they're throwing them that bone. now, they're criticizing them because they actually have good equipment, they're using it effectively and they're not g getting officers harmed. in fact, they're not even harming citizens. that means that what they're doing is absolutely what they were trained to do, absolutely what the equipment was intended. those armored vehicle, yes, they're intimidating.
you know what they're intimidating for? so they can stop violence. have you seen anybody fire on the officers? no. the reason why, not because they don't have guns. if they fire on the officers, they will be fired upon quickly and accurately. >> mark, here's a question. they were criticized early for bringing in the heavy artillery and yet we've seen it go away now. do you think it was a mistake to either bring it in right away or a mistake to take it way? should they have left to it bring it in as a step up as things escalated or should they have just left it there? >> no. you use a show of force and equipment to let everybody know that you are prepared and willing to engage if they want to cross that line. if you don't, if officers are out there without helmet, face shield, gas mask, long batons,
rubber bullet shotgun, weapons and vehicles that they can actually take cover from behind and any kind of tear gas grenades or any other type of mass demonstration deployment weapon, if they don't have these things, then the crowd will advance, they will take advantage of it and officers will get hurt. when officers get hurt, more citizens will get hurt because they don't have the weapons, they don't have the training and they don't have the organization the police department does. if they want that, just take away the tool, take away all the training, take away all the instruments that actually maintain order and then see what happens. look at the photos in the movies of the riots in the '60s. you have officers that are just randomly picking rioters or demonstrators, call them what you will, and they're just beating them.
you have all these individual incidents going on. this police department is organized, they are using the tried and true demonstration flash riot tactics where they open up, a snatch team goes out and grabs the agitators and bring them back within their ranks and arrest them. >> what can they do to stop these bad actor, mark. they said last night they arrested people from new york and california. clearly, they're not local. we've heard from locals, you read the stories of the locals there. they don't want these people there. they live there. they have to continue their lives after this does eventually chrom to an end yet these bad actors are coming in to help instigate things and stoke the fires higher. what can the police do to try to root them out more effectively? again, they're finding some but clearly they're more throwing the bottles and things tonight. >> you know, i could tell you
what would be effective during the daytime hours, these people from out of town are somewhere. that means they are available during daytime to be contacted, to be stopped, to be interviewed, to find out where they're from. you can at least identify people. but in the daytime, it seems like, you know, this is an opportunity for the police to actually regroup and probab probabprobably rest, they're probably up most of the night and most of their numbers stretched to the limit trying to operate a normal police department and deal with this riot. probably on a 12 hour shift, two 12-hour shifts. it's not possible to do this but i'm not sure that the politicians that are running the show would allow it. you know, for some reason, i
guess if you allow people to loot, do you guess that is a deterrent to get tired of breaking into stores or setting things on fire? it's absurd. you should be aggressively pursuing them. i'm sure the police department would like to do that. that's what they should do, paid to do. >> there's footage of a lot of these guys on close circuit tv and some people have masks and some people able to be identified. the manpower stressed right now, you look in the streets, every available man is out there as we watch the unrest continuing. we're at a quarter to 1:00 a.m. local time there. they tried the curfew a couple nights ago. that didn't seem to work very well as we're seeing some repeats from a couple nights ago. we're trying the curfew. >> that's not true. the curfew will work.
the politicians don't want to have a curfew because now there's something to enforce. when you have something to enforce the police engage citizens. when citizens don't want to go along with it, you have altercations. the politicians do not want that situati situation. they took the curfew down. >> there's not the political will to enforce this. >> they don't have the courage to enforce it. the police have the courage to do it and they're holding the line. most of these politicians, including the governor of missouri, has turned his back on these police officers. he's turned his back on an officer that has not been tried and been convicted in a court of law. he hasn't even been before a judge. in fact, this governor doesn't even know what his story is. he doesn't even know what this officer felt at that moment that he was being beaten in the front seat of his car, when his gun was attempted to be taken away
from him. he doesn't know the fear that officer was in. nobody cares what this officer thinks or feels. the only racial divide it has created here is being created by the race baiters and the people that want this to be a racial issue. it's not a racial issue. michael brown picked this officer. this officer didn't pick michael brow brown. >> where do we go from here, mark? you've seen these things play out. clearly the agitation will continue until we get the grand jury coming in and perhaps moving on to trial, perhaps not. you've heard -- had some pretty in si incendiary comments coming from some of the state senators there in missouri as well we've been widely quoting. >> they're trying to get votes. the governor's trying to get votes. they want to be on the right side of the vote on this. it is really disgusting what people will do for their own
personal careers. this is the fact here. i am very objective about police situations. when the police are wrong, i will say they're wrong. when i'm wrong, i'll say i'm wrong. but when they're right or there's evidence, at least a preponderance of evidence that they were on the right side of a situation, even if there was a mistake made somewhere, i will say it. in this situation, right now, there has been no, not one thing that this officer did that would have prevent ed, would have stopped michael brown from doing what he did. he did not even have an opportunity to get out of his car before he was in an altercation and fighting for his life. this is what people are ignoring and they made this a racial iss issue. michael brown made this a racial issue. he could have --
>> we certainly need to wait to hear -- we haven't heard the other side of the story yet. >> we don't -- we don't need the other side of the story to actually see the obvious. michael brown could have fled from the liquor store. michael brown could have not walked down the sent over the street in front of a police car. michael brown could have not failed to follow the orders of a police officer to get out of the street and get back on the sidewalk. michael brown could have not shoved the officer back in the car and tried not to disarm him. michael brown could have fled from that situation and be alive. he didn't. all before that he robbed the liquor store. >> that's what we will have coming out the next couple of days. have you been able to make contact with any involved with this situation? >> no. i wouldn't even attempt to because they're busy. i really -- my professional
emotion goes out to these guys. they're fighting a riot and their state senators and their governor is turning their back on them. everybody calls them the bad guy. they've got an officer that all he did that day was come to work and get in a car. did anybody stop and pause to think what it's like to work in a uniformed car, one man car and have a man 6'4", 292 pounds throw you in the front seat of the car and start pummelling you and try to take your gun? i want anybody to tell me that that is something that they could overcome easily where there's no fear of death there. >> we're close to the break here. i would like to get your thoughts here on what the next step for the police will be or
should be in your view. >> the next step for the police is they have to keep doing what they're doing as long as the rioting continues. they have to change their tactics. their tactics can't get more lapse. it has to get tougher. the curfew should be in at dark and should be until daylight. they should be able to arrest without fail anybody that is caught having anything to do with any violence on the street. have a no bail situation. that's not going to happen. they're going to get people back out on the street. as long as they are seeing that this is going to continue unless the officer is indicted, this is an impossible situation and there's only one person that's not going get any justice and that's the same person that does have constitutional rights also, officer wilson. >> mark fuhrman, we appreciate
your time. former l.a. homicide detective and fox news contributor. stay on as we come back to cover the unrest inferring son, missouri. -- in ferguson, missouri. of hosting my book club. that's why i asked my doctor about b-r-e-o. once-daily breo ellipta helps increase airflow from the lungs for a full 24 hours. and breo helps reduce symptom flare-ups that last several days and require oral steroids, antibiotics, or hospital stay. breo is not for asthma. breo contains a type of medicine that increases risk of death in people with asthma. it is not known if this risk is increased in copd. breo won't replace rescue inhalers for sudden copd symptoms and should not be used more than once a day. breo may increase your risk of pneumonia, thrush, osteoporosis, and some eye problems.
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pushing forward upon occasion here, as you can see from the live footage in ferguson to try and maintain a line there and maintain order, particularly where the media is set up on one side of the street. we've also seen some citizens banding together, holding hands, locking arms, some of the premiumable locals trying to prevent the bad actors come as we know from arrest as far away as new york city and california, some hat pistols shown by the hague patrol and molotov cocktails in the crowd particularly in the evening hours. we're into the early morning hours right now. almost 1:00 local time now. we will bring in tom ruskin, a former police department detective and currently president of a security company. i want to get your reaction to
this situation continuing to unfold night after night in the streets of ferguson here, for your critique how the police are containing or not containing this current situation. >> i think they have to continue. i agree totally with everything mark fuhrman said. the police department has to maintain the order and get control of ferguson again. what we learned in new york city after crown heights, is that you can't wait to take control back of the city. what happened during that time, the mayor and the deputy mayor decide to hold the police department off, trying to use community policing to try and regain control after crown heights broke, you know, based on racial lines. the police department was held at bay. it took the police department 2 1/2, almost three days to get permission to go in and make arrests. meanwhile, what's happening in
ferguson, people's businesses are being looted by people coming, as you said, from new york city and other places in this country, for no other purpose than the unlawful act of destroying a city based on an incident. >> and, tom, we're running up against a break here. quickly, what is the number one thing police can do to take back control in 20 seconds. >> they basically have to arrest those people. as mark said, keep them in jail, charge them with rioting. if they have a gun, charge them with a gun but keep them locked up. >> all right. tom ruskin, thank you so much for your time here. we will go to break. stay with us on fox news and we will continue to cover this for you all night. would you consider a 4-star hotel that's up to 60% off,