manslaughter. his attorney says this is not guilty this is excusable homicide. in your eyes we know it's still early going, we understand there may be videotape we haven't seen yet. is there any way that this is excusable homicide and a horrific accident? >> absolutely not. i think when you look at the lack of training that's been able to be substantiated in this case coupled with this gentleman's age and his capacity as a reserve officer there's no way this is excusable in any way. >> you bring up age of course because reflexes change with age. you're talking about a 73-year-old here. thank you, sir, for joining us here on "new day." i appreciate it. >> thank you. >> john. thanks poppy. jeb bush all but announced as a republican candidate for president weighing in now on the long-delayed confirmation of loretta lynch to be attorney general. so what did he say? this might surprise you. we have the details ahead when we go inside politics.