said is negligent. so what i'm telling you is that maybe, there's a lot of miscues leading up to that shooting. but the negligent piece of it is indisputable to me. >> i think there is no question there is negligence in not informing the police that the 911 call said it wias a toy gun >> imagine in police had withheld fire and this man had a gun and killed two or three children we would be looking at it different. we have to look through the eyes of the police at the moment they had to make a decision. i agree. i think they lied about what happened and there was negligence after the fact but you have to look at that one second where police was saying to himself, here is a guy, he sees him as a man with a gunpointing at kids. do you shoot or do you not