important here is that we are told that the orange tip that is on toy guns on fake guns was removed in this case. so officers would not have been able to see that. they were told that somebody was pulling a gun in and out of their clothing. they arrived on the scene without the facts we know now, mark. >> shanit is true there was a toy gun involved but it's an open carry state. >> it's 20/20 hand sight. those officers did not know that at the time. >> mark i want to talk about the political angle here. as the sheriff pointed out, mrs. clinton is a brilliant person. she's a well experienced lawyer. is it fair to say that she is leveraging something, that she knows will incite a certain reaction from people in order to engender support while ignoring some of the legal information in this case mark?