wondering if he really died over some mcdonald breakfast. sarah with cnn new york. >> so after the new witness came forward the fraternity released a statement saying that we have been made aware to the unknown unnamed witness. we fully intend to investigation the allegations as we have been previously. the investigation has released no evidence of wrong doing. let's bring in a civil rights attorney and law profess er and good to see you. >> hi. good to see you. >> and joining us from las vegas. good to see you as well. >> good morning fred. >> avery, you first. is it inappropriate to say based on ochoa we have learn from the eyewitness there's no charges. is that appropriate? >> i don't think that it's