you don't have a federal charge, you can't have a state charge. it's very, very it's very, very different. a state homicide charge, which i think is coming up next, it's something people are more accustomed to seeing. >> family attorneys say they have enhanced audio saying one of the police officers threaten to kill sterling. what's the justice department's reaction? >> that's one of the new things we actually learned today. in addition to the enhanced aud audio, we learned that one of the police officers pointed a gun at his head. we asked the department of justice about that enhanced audio. their position is this is now up to the states. we've turned the investigation over to the state attorney general's office so we can't comment on it. >> what, if anything, does this