hospital in an ambulance. one is thought to be more serious than the other. we don't know who the second shooting victim is. the principal, curtis case, is one of the shooting victims. police found the suspect, now, as well, and i quote, "police found the suspect in a red honda accord outside the 3900 block of south 47th and requested an ambulance for the suspect." early reports indicated this shooting occurred near the main office. the parents picked up the kids at the lutheran church west of the school and police were headed to the police, the suspect fled in a two door honda accord and located the car in 30 minutes and following the shooting, police headed to an apartment where the suspect was believed to live. also learned the suspect's mother could live in lincoln nebraska. two people shot at the high school. jonathan hunt has more. jonathan, this happened before 1:15 local time. >>jonathan: yes, 1:15 local time the first day back at school after the holiday break. for that particular school in member so a tragic outcome. it appears the police got an i.d. on the person quickly. they knew the apartment to go to. they obviously had the description of that car he had seen fleeing in that car from the scene and at this stage it appears only adult staff of the school were targeted and we hear thankfully that no students were involved at all. no students hurt in the shoot shooting. >>shepard: and now another story, a shooting at a mall. trace is following this from the west coast. update us. >>trace: in chandler, arizona, ten miles outside of phoenix. this is a shooting between undercover officers and an armed robbery suspect. well, now, this moved from the parking lot of the fashion center mall in chandler, across the street to a baja fresh mexican fast food restaurant and the chandler fire department says there could be shots fired inside the baja fresh with reports early that there was a possible hostage situation inside this baja fresh and you can see the swat team and on the other side near the other restaurant you can see there are officers with guns drawn. we do not know how many people were inside the baja fresh but it is after 12:00 noon in the west and you would imagine there were people inside getting ready for lunch or ordering lunch. and now we are being told by the chandler fire department that there could have been shots fired inside. we are still waiting for police to confirm that. and to confirm if, in fact, there are hostages being held inside. who was shot? how many people? very fluid situation there. but it began as an armed robbery in the parking lot of the mall. it moved across the street to the baja fresh stunt and that is where we stand right now. >>shepard: and kpho television channel 5 in the area has reported police are searching for a man named daniel perez held on to counts of assault on arizona public safety officers after a shooting december 10th. but on december 16th he was mistakenly released from custody by a local county justice of the peace after he posted $320 bond on a misdemeanor charge from 2009 so it appears they let someone out of jail we early and they were searching for the guy and that is where all of this trouble began, the shooting at mall today, the chandler fashion center mall is still on lockdown and it moved over to this baja fresh as trace has been reporting. so, to big stories and waiting to learn at this moment with the school shooting that happened, at miller school, at miller south, there, in omaha, waiting to learn now about the condition of the two people. jonathan we know that the principal there was shot and injured. we know that one of the two victims, both are adults, one of the two victims is critical and taken by live flight and the other is not as bad and taken by ground ambulance. we do not know who is who, yet, right? >>jonathan: who is who? we know the principal's name is occur face case. he is confirmed by a bunch of reports out of there to be one of those who was shot and the other one is also a man. we do not know his identity. condition of the, the particular condition, we do not know. all we know is one is in critical condition and medical helicopter took that particular paint to crayton university medical center. >>shepard: this shooter who they got into custody now from the red car, we do not know the circumstances under which this person is said to have come to the school and for what reason, right? >>jonathan: we do not. obviously, the motivation you could immediately think of is some sort of grudge against the principal and other staff who could have been in the area but we have no confirmation of that whatever from the cops in home haw, nebraska. all we know is that around 1:15 local time this person walked into that school and obviously fired shots at the two adults who are now being treated for their injuries. one is critically injureed. >> swat team called and barreled into the school and other schools in the district locked down and as jonathan mentioned, the first day of school following the extended christmas and new year's break. so, you can see the local reporter on scene there is sort of giving the locals ideas about where they can pick up their family members and that sort of thing and if you are watching us in the local area there, switch over to your local fox station and they will have like coverage for you. and now back out to the other scene we are following, a very busy day in the news. in chandler, arizona, a mall is on lockdown after a shooting. trace, it sounded like what began in the mall short of worked its way next door as some confrontation began. >>trace: that is right. there was a robbery inside or near the mall. and undercover officers fired shots at the suspect. the suspect fled. he fled across the mall parking lot into the restaurant. and you can see the police officers right there, with their guns drawn on this because we were told there was a hostage situation inside the baja fresh and we are told by the chandler fire department, all happening about ten miles outside of phoenix, that shots were fired inside that mexican restaurant and, now, the locals are reporting that there could be two hostages being held inside. you know the routine. they will try and get a dialogue with whoever the shooter is. you mentioned the name earlier of a man who was mistakenly released by the u.s. marshals a couple of weeks ago who could be holed up inside. we are waiting to confirm that the same man who was released and may have been involved in a shootout last week, a totally separate situation, was also involved in this shooting today or shootout today because nobody that we know of, yet, has been shot. and fled inside this baja fresh and could be holed up inside with at least two hostages. that from the locals from phoenix in chandler, arizona, as you see one more swat team truck pull up. to get command of the situation. >>shepard: thank you. i want to beforely get back to the mall suspect who fox has won firmed is a man let out of jail by mistake. this is a fashion center mall, commands her, arizona, and he had a shooting there and you can see the pictures on the screen. and now it is confirm the to fox that the u.s. marshal's fugitive task force was following this guy who is accused of shooting a state department public safety officer, a state cop, and leaving the scene and was locked up and six days later was mistakenly let free on an old charge. the marshal from arizona says "none of my guys were hit and i don't think he was hit." as part of the mall, it was evacuated and a man would lives behind the mall heard gun fire around noon and said four or five shots were fired but we have no reason to believe that anybody has been hit. updates on the two now developing and breaking stories throughout the hour. a national defense expert, a former pentagon aide advisor to not one but three presidents. and his body turned up. he was murdered and dumped into a trash truck and then into a landfill. and, today, police say surveillance video shows john wheeler, that guy who was murdered wandering a building carrying his shoes. seeming a little out of it all. new information on a baffling mystery coming up and it is a big day in the capitol and the change of power has happened in the house of representatives. speaker boehner, now, former speaker pelosi, all this was said, a look ahead. stay tuned. >>shepard: breaking news on fox news, and we have word from omaha that the suspect in a school shooting at the high school in omaha is dead. according to witnesses, that is the omaha world-herald and to channel 6, wowt, multiple reports now that the shooter is dead. the cops found him in a car about 30 minutes after the principal curtis case was shot inside the school. a second adult, also, shot, inside the school. and each was taken to a hospital. one was more critical than the other but we cannot identify who is more critical, whether the principal or the other yet unoverred man. and now to the mall shooting which we have been following, this is commands her, airs, and one of the suspects involved here, confirmed by police, to be a man who they let out of jail by mistake on december 16. after he shot a law enforcement officer. he should not have been out. and today this situation at the mall, specifics of injury here, we do not have but we are waiting for new information as it comes in and well bring it to you live of the developing now on capitol hill, peaceful transition of power, republicans taking control of the u.s. house of representatives, and democrats holding on to the senate with a smaller majority than the last congress. and a like look on the hill where lawmakers spent the last few hours sparing in new members and kicking off the 106th congress. a short time ago the first woman speaker of the house nancy pelosi handed the gavel to the 53rd speaker of the house, john boehner. hard work and tough decisions will be required of the 112th congress. no longer can we fall short or kick the can down the road. the people voteed to end business as usual and, today, we begin to carry out their instructions. >>shepard: this hung above his door if his comments speaker boehner said "there is a great deal of scar tissue on both sides of the aisle," and he said "both republicans and democrats believe they are working for the common good." whether they can work together for the common good is another issue entirely. republican leaders have vowed to fight the previous congress' work on issues ranging from health care, to spending. although how far they can get with that is so far unclear. republicans just swore in the largest freshman class since 1949. they now control the house, 2 22-193. but democrats did hang on to their control of the senate 51-47. they only need 41 votes to block initiatives from the house of representatives. as for the spending cuts, 60 percent go do programs like medicaid, medicare, social security. another huge chunk goes to paying for the wars in iraq and afghanistan. do not forget how this began, touching that could be politically risky, no doubt. and now, live on capitol hill. the new speaker, boehner, made some pledges today. he was precise. >>reporter: he was. he said it is all about the american people and he urged humility for everyone in the house, and he said we are here on loan from the american people, the gavel is on loan, and much has to remember they will be rooted out if they do not get the job done as the voters want done. he said there will be clashes and acknowledged battles in the past. take a listen. >> we will not always get it right. we will not always agree on what is right. there is a great deal of scar tissue that has been built up on both sides of the aisle. we cannot ignore that. nor should we. my belief has always been that we can disagree without being disagreeable. >>reporter: we. have plenty of opportunity to see if that is the case. he mentioned health care and the economy. a lot of battles ahead. >>shepard: how will democrats work together, any indication? >>reporter: nancy pelosi was very classy and dignified in turning over power today to the new speaker and she urged them all in the house of representatives, to think of working together, and think about the common good. here is her speech. >> however we may differ, let us never loose sight of our common has for this exceptional nation and our shared obligations to the way forward. >>reporter: she referred to common grounds she thinks they will have. there is a glow and we will see how long that bipartisan flow lasts. >>shepard: we will. much more to cover there and we will but first an update from chandler, arizona, where this is a shooting at a mall. the chandler police department spokesman is with us at the mall. detective, thank you. >>guest: thank you. >>shepard: what has happened? >>guest: right now an active situation and we are still getting information. from what i have been told there was a known armed robber that the fugitive task force was looking for and when they made contact there was a shootout between him and the undercover officers and the suspect fled into the chandler fashion mall and at that point we began evacuating the area, the mall and setting up a perimeter. we called out the swat team and they are looking for the suspect and hopefully we will have him in custody. >>shepard: it is my understanding this man is daniel perez, who was taken into custody on the 10th of defor shooting a law enforcement officer on the state level; that right? >>guest: we have in the confirmed that. i hear that, as well, from multiple sources and we are waiting to hear from d.p.s., the department of public safety, if it is daniel perez. we are waiting for confirmation. if it is him he was involved in a absoluteout with officers earlier and known armed and station if person. >>shepard: either way they let a man named daniel perez out on a previous parole violation of some kind on december 16, six days after he was locked up so he should have been in jail this whole time. >>guest: i don't know a lot about that situation and i don't know that it is daniel peres. when we con firm that i will let you know, but, right new we are working with a person that has been involved in the shooting, with undercover officers and we are searching for this person now. >>shepard: detective, it is our understanding you mention they went into the mall and you evacuated the mall and this spilled into a baja fresh, a fast food sort of outlet right outside the mall, right? >>guest: that's correct. we were actively looking in the mall we had reports that came from officers on the scene of something was taking place as the baja fresh which is right outside the mall, use know with any mall order. and at that point we do have swat team members over there and i imagine it is related to this. obviously, we cannot con firm that until we have that ... but we do have a situation that spilled over to the baja fresh and we do have swat team members over there as we speak, working that particular location. >>shepard: detective i have to go and i know you do but no one shot as far as we know? >>guest: that is correct and hopefully we will can report someone in custody soon. >>shepard: thank you and we will be back with live reports as the situation moves on. we have so much news from washington, we will hear from speaker boehner, and nancy pelosi, on wednesday, so that means wednesday with juan and we will look ahead to the 112th coverage. what can we expect, the ones who sent them to represent us is ahead. do woodchucks chuck wood? (high-pitched laughter) man: hey you dang woodchucks, quit chucking my wood! vo: geico. fifteen minutes could save you fifteen percent or more on car insurance. can getting enough vegetables make you feel good? oh, yeah. v8 juice gives you 3 of your 5 daily servings of vegetables. v8. what's your number? aren't absorbed properly unless taken with food. he recommended citracal. it's different -- it's calcium citrate, so it can be absorbed with or without food. also available in small, easy-to-swallow petites. citracal. >>shepard: and now, an important day on capitol hill and in washington, dc, the most interesting moments of the afternoon we thought, the changing of the guard when the former speaker pelosi handed over or conceded her position to speaker boehner. listen. now the house will be led by a proud son of ohio. a man of conviction. a public servant of resolve. and a legislative leader of skill. i now pass this gavel which is larger than most gavels here, but the gavel of choice of mr., speaker boehner, i pass this gavel, i now pass this gavel and the sacred trust that goes with it, to the new speaker. god bless you, speaker boehner. (applause) >>shepard: in her comments she echoed the white house, saying that jobs and the economy are the top priority. with us now is fox news political analyst juan williams normally wednesday's with juan but we are sharing this with the washington bureau chief for the wall street journal which, altogether, now, is owned by the parent company of this network. good to see you both. i have always, we it is and watch this and it is funny, the gavel of size and all of that, but very few places on planet earth do you see this thing happen as peacefully and as orderly as it does here and despite all of our troubles, i don't know, it made me feel good. >>guest: interesting you have that perspective because in washington we don't step back and say, my gosh, but two years ago, it was democratic dominance. you talk about the senate, remember, if you look back at the senate back then it was, now, they have lost seven seats since then. you throw in scott brown of massachusetts and the six they lost and now you look at the make yob of the house of representatives and now there is more than 50-vote advantage for the republicans after a 60-vote loss for democrats. incredible turn around and peaceful. you think of pelosi and boehner going to st. peter's the catholic church on capitol hill, that is extraordinary. >>shepard: the symbolism is there, but now we get the war to run again and we had a cease-fire for a couple of days but i am guessing this will heat up and i guess the focal point will be that they said, health care. >> that is right. a cease-fire for a couple of hours. there are three things: spending, health care, and regulatory rollback and health care is the first one up because we move on right away to a resolution to repeal obamacare which is going to be up for procedural vote on monday and voted on for good in the house on wednesday. it will pass because all the republicans will vote for it, and it will be interesting to see if any democrats vote for it. >>shepard: i think there will. >>guest: i don't think very many. there are plenty of democrat whose have reservations. ship -- >>shepard: what about some on the far left? >>guest: ten or 12 who voted against speaker people less to be the minority leader, so, there is unhappiness and maybe some of those. but it will not go anywhere in the senate. but it sets the stage for hand-to-hand combat the next two years over the real struggle this is to repeal parts of the obamacare bill or to defund parts of it. that will be interesting to watch. and that is a long term struggle. in the quick. >>shepard: republicans and democrats will tell you that a big through for them is getting spending under control. until you start talking about medicare an social security and the pentagon,hich is really the onlylace we can make a big dent and anyone who doesn't believe that have not read enough. if you don't cut these things, this country is going to go under. >>guest: you cannot do it without cutting the major entitlement programs and looking at military speing, and the pentagon has said they know this has to happen. just think about this, this was a pledge that the, so many of the young republicans put forward, and they sd they would cut $100 billion out of the budget for this year. already they are going back on that saying we don't know if we can do that. how does that play with the people impatient who expect them to come to washington and be immediately for change. they will have to change their perspective and change their rhetoric. president obama today, if his comments on the republicans taking control of the house, said, initially they will have to play to their base. but he thinks that once we get beyond the period with the health care vote, that, hopefully we will come to a point they realize they have to govern. they are changing the rules, they will do things like put laws online three days before, democrats have promised to do it. more transparency. and they will allow more debate and introduce amendments and bills, separately, and boehner says the hallmark of his tenure will be more debate, more consideration, and more transparency. >>shepard: i am out of the town. but i want to ask you, is there a group of voices in the wilderness who could be ready for wheel change? meaning entitlements and social security and medicare? >>guest: yes. if you look at polling in 2010, you got the sense that people rely can you not do this pain free and cost free you have to take some of my benefits to get the job done. that is changing. >>shepard: good to see you both. we will be watching capitol hill. we are covering two big breaking stories at this moment. there are two shootings going on, i believe this is the one at the mall in chandler -- no, this is omaha, nebraska, a school shooting. a principal and another man have been taken to a hospital and a suspect is said to be dead. in chandler, arizona, there is a mall shooting and we believe a man who was prematurely let out of jail after he shot a law enforcement officer on december 10th and he was let out of jail on the 16th and now we believe he is involved in a horrible set of circumstances here. we still have a mall on lockdown and a search for a suspect and we watching both throughout the hour. he served three presidents. he was a vietnam vet. and he helped get the vietnam war memorial built when it was controversial but today we are hearing john wheeler was so disoriented that he, and dischef eled he looked like a homeless plan. what super fruit is taking sunsweet ones.orm? prunes? they're a delicious source of nutrients. wow! it's packaged by itself... that's fantastic! that is so juicy. this is delicious. sunsweet ones. over 400 million enjoyed, and counting. or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. ♪ ♪ ♪ ♪ [ male announcer ] at&t covers 97% of all americans. rethink possible. >>shepard: this is should be should be, the bought o the hour, and time for the top of the news. new clues in the mysterious death of a former pentagon aide who served under three u.s. presidents. our fox station in philadelphia has obtained new surveillance video. look at this. police say it shows john wheeler is in a parking gar rang two days before he died. witnesses say he appeared disheveled and carrying a shoe around. police are looking at surveillance video from another building a day later. they say that shows wheeler wandering around looking confused. investigators say that video shows several people approach wheeler and offer to give him help but he refused. and less than 24 hours later workers at a landfall found his remains. our senior correspondent following this story. it was weird enough when all of a sudden this high placed aide to three former presidents is found murdered in a landfill and now we have video of hitch watch -- him walking around and asking like something is seriously wrong. >>guest: it is heartbreaking. he is dazed. people thought he was homeless. and in the 48 hours leading to his death, he was walking around downtown wilmington, delaware, looking disoriented and disheveled and he refused help from a bunch of people. those who came in contact said so. he was seen on several surveillance video including inside a downtown wilmington, delaware office building at 8:30 p.m. thursday night, december 30th, less than 14 hours before lid boas wad discovered the next morning. witnesses describe him as a troubled man who claimed the briefcase was stole and one said he was upset, and another said he was trying to find the car and does not have a coat on, and was carrying one of his shoes. he told us his brother dropped him off but then he said his mother and said he was robbed and we are like, are you okay, and he said, yes. >> police are trying to find out where he went after the last tape showed him alive at 8:30. >> we hear reports about an arson case that somehow is involved in this investigation. >> a stunning twist. did he try and fire bomb his neighbor's house? just days before the murder, police have evidence lynching him to incendiary devices found at the home of a neighbor. his wife and he were claiming the neighbor, because they say the house is too big and will block their view and we asked the lawyer about the report and he could not comment because the family has asked him not to do interviews. >>shepard: turning very sad. keep us updated if you would. today's cell phones can hold enormous amounts of personal information. pictures. browsing history. personal e-mail. but what if a cop decided it is time to frisk you? can they read the phone? look in your phone? look in the hard drive and check out your ... yes. without a warrant? yes. i will show you what this is all about and how -- well, we will find out what you think. in addition, we are watching two developing stories and now a third, sadly. canned -- chandler, arizona, a problem at a mall in chandler trying to get the suspect together. lots of shots fired but no word of anyone hurt. a school shooting, as well, omaha, nebraska, and the pins pal of a school is shot and another man is shot, and one is critical. one is not. and the suspect if that is said to be dead. and, now, a third situation. and it is ongoing right this second. a -- shots fired in oregon near a church in ranier, and assembly of god church. the smell of home made chili whatever scents fill your household, purina tidy cats scoop helps neutralize odors in multiple cat homes... keeping your house smelling like it should. purina tidy cats scoop. keep your home smelling like home. but for every car stolen, eleven people have their identity stolen. when you don't help protect your identity, thieves can steal your money, your credit, and wreak havoc on your life. get the protection you need right now with lifelock. look...credit monitoring only tells you after your 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which. this is where we have news sound. we heard from some parents. listen. she said during the lunch time they were code red came on the loudspeaker and she could tell by the principal's voice that it was serious and not just a practice code red like they do. and they were told someone was shot and they were told the head principal had been shot and life flighted out. >> there you go, that is the latest as we have it from the school. the suspect in this, the name of the school is millard south high school. the suspect was a student and we do not know his age or name. we believe it is a male. and chandler, arizona, is the next stop. and a mall on lockdown after a shooting there. there is still, they are still looking for a suspect. they made their way from inside the mall to a baja fresh on outparcel of the law and it is believed that one suspect is a man who was let out of jail early. after he had shot at law officer of some kind and was let out of jail early and now suddenly is a shooting at the mall. chandler police exchanged gunfire with a man described as a robbery suspect and here is the suspect is my understanding. this is just to us from police. chandler police spokesman sergeant favzio says this was a brief shooting outside the mall near the sears involving undercover officers and that robbery suspect. the undercover officers were looking for the man who was accidentally let out of jail early. we saw several officers with guns drawn around the baja fresh and an armored vehicle has been brought to the seen. a tactical team is set up inside a furniture store and miss have not entered the restaurant so there is a stand off going here in chandler, arizona, and these figures are from fox 10 for the valley and the area. chandler, arizona, updates awe get them. and the other one i mentioned that is breaking right now, is from a church in rainier, oregon , 45 miles south of portland oregon. shots were fired at the oregon town of rainier after police responded to a report of a man with a gun at a stereo shop near a church the details were sketchy. but the pastor of the church told the portland television station that some shots struck his church. some shots struck his church. and one missed him by inches as he looked out a window. the pastor of the assembly of god told the reporters he did not know of anyone wounded and said the stereo shop specialized in car stereos and no description immediately available. we are waiting for a tape from our portland affiliate. hot coffee can burn. and it can also ground a plane. how a hot cup of joe caused a hijack scare. when "studio b" continues. >>shepard: passengers and mechanical problems can lead to plane diversions. so can a hot cup of coffee. a pilot on united flight from chicago to germany reportedly spilled his cup of coffee which then triggered multiple if distress signals including one for a high jabbing alerting the canadian defense department. the pilot in command diverted the plane to toronto citing navigation issues. it was a boeing 777 with 240 passengers. no one was burned. police in california can search your cell phone. without a warrant. the california supreme court has ruled that defendants lose their privacy rights for any item they carry in their custody. the majority of the court relied on supreme court decisions from the 19 70's allowing officers to search cigarette packages and colleaguing during arrest. the opposing justices say that should not apply to cell phones with mass amounts of data. thing of the ramifications. and now we have john and david, two defense attorneys with different takes on this, from california. the cop says, only them. and you bring the stuff out of the your pockets, your keys, this, chapstick, your phone. and now they can look at the phone in california? david, are you good with this? >>guest: i am. it is rooted in officer safety and that is the bottom line. i had a client recently who was stopped by the cops for tagging or spraying graffiti on a freeway overpass and they did not see him doing it but guess what they took the cell phone from the pocket looked at photographs and guess what they saw? pictures of tagging. so it is rooted in officer safety. pictures of writing on the mall. that made my case a heck of a lot more difficult because there it was evidence of a crime and that is the bottom line. they find more evidence of more crimes like they did with this gentleman, they found contacts for drug sales so if it helps make the streets safer, they will allow them to do it the it was cigarettes, wallets, purses and now cell phones. welcome to 2011. don't keep pictures of your girlfriend on there. >>shepard: aren't there limits? >>guest: do you hear the rights shrinking? >>shepard: slash away. >>guest: this is no different than a computer. i could argue that this is better than a computer because it can make phone calls. and if a police officer cannot go inside your laptop computer they should not be allowed to go inside your cell phone with bank information, passwords, i speak to my clients, i have attorney-client communications between my clients. are the police allow dodd go through that? a slippery slope. and the text messages, there are phone, pictures of people, that could be sent, personal messages, this court made an ignorant decision. >>shepard: and it is your turn and i will give this in and we will go do this in a moment breaking news, oakland, tennessee, fire crews are on the scene of an explosion at a munitions plant in west tennessee. injuries unknown. oakland, tennessee, and we will get do that, fire crews are on the scene and i have more that just flashed. it is not immediately clear if there are injuries. witnesses heard a series of explosions. the spokesman from tennessee emergency management agency said there is a fire with a large plume of smoke north of memphis. our reporter is on the way do that with live coverage in a minute. here is the thing. this is in my pocket. this will hurt you? this is not jermaine to whatever. if i have been pulled over for a traffic stop, going 65 in a 55, why would you be allowed to look through my cell phone? there is none of your business. >>guest: well, basically, how do you know, it could be something on there saying, look, we are planning an ambush of cops. it is officer say at the roots. a lot of protections that still different. if you have pictures of your girlfriend or john does of his wife or girlfriend or both, it doesn't mean they will come if front of evidence. >>shepard: but some guy doesn't have a right to see and i am not sure everyone will be okay with that. this is california. >>guest: what will happen? the jury will not see them because there will be motions to suppress evidence. >>shepard: david? >>guest: but the police see them and why should the police have my information? i have the trite keep my own privacy. and the police are going to have access to the entire cling and you do not know what they will do. that is not fair. >>guest: you do, it may not be fire but you lose a lot of privacy rights when you are arrested. that is a fact. >>shepard: the man has not been arrested. we are talking about a traffic ... there has been no arrest here. no arrest at all. this is what was in your pocket. >>guest: even if you arrested. you still have rights. this is still a miley intrusive privacy right. >>shepard: if the t.s.a. can "touch your junk," who knows where it will end. >>guest: >>guest: i keep my kids' medical reports so there will be clashing laws in this thing and we have not heard the last of it i am sure. >>shepard: back to break news from oregon. a church, a shooting at a church or near a church and the name of the town ... we have so much going on, but the pastor of the church, here it is, if rainier, oregon, the pastor of the church is pastor jeff mccracken, and pastor is on the line. sir, nice to talk to you. thank you. >>guest: thank you. i am a big fan. >>shepard: you cold kgw a bullet when right past you? >> yes. >>shepard: give me the circumstances. >>guest: i was in my office. a few hours ago. i heard police officers pulling up and sirens going and looked out the window and they were barricaded behind police cars and my office is at the west end of the building and we joined or are in an "l" shape with a strip mall and we could see that they were pointing the weapons toward the other end of the building toward the strip mall so we kind of stayed stationery, myself and a couple of secretaries were in the building, and we were watching and then got probably a little too adventure some and walked to the other end of the building which faces to the strip mall where there is a stereo shop, automotive stereo shop, and looking through windows with the blinds closed we were looking through the blinds and we could see into the stereo shop and large bay door and late 60's model vehicle and a man wandering around the car. we saw the police converging on the cure of the shop. >>shepard: and when did the shots come to you? >>guest: the next thing that happened they started yelling at him to drop the weapon which we could not see. when they started yelling that, we ducked down, still looking through the blinds in the window and that is when the round came through about 6" above my head through the window where i was standing and my bookkeeper was to my left and another window and same thing happened to her so i screamed everybody out, even out and we tried to get out of the room as quickly as we could and in the meanwhile the officers were shooting toward him. >>shepard: so a shootout outside the church. thankfully no one was injured and it is our understanding the suspect has been brought into custody and the pastor, all the best to you and your church in oregon. and now to arizona where we have new developments in the mall shooting outside phoenix, and police now it is my understanding, they have a full stand off going on, and there was a shooting outside the mall and a guy was supposed to number jail and they accidentally let him out, he shot an officer of the law, and we believe a state miss officer and this was a shootout with the cops that spilled into a fast food restaurant called baja frommer and the cops are set up at the furniture store and guns are drawn. the reporter from fox 10 for the valley is live outside the chandler mall. what are you saying? >>reporter: afternoon. i can tell you it is a very chaotic scene. very intense. the mall is surrounded by dozens of patrol cars from different agencies. just a while ago there were shots fired at the baja fresh and dozens of cars went speeding by. and i have never seen anything like this, so intense here, in chandler. i talked with some shoppers, with one map, who told me he was inside sears, buying some sneakers and by the time he walked across the store people were saying "get out, get out," the mall is being evacuated. he said it was a very orderly evacuation and that people were following instructions. >>shepard: now, there was a shooting. there is a suspect. is it believed now that the suspect is in the baja fresh and that the police are staging around him but have not carbon in in? it is believes the suspect is inside behalf that and they are negotiating. >>shepard: does he have hostages? are there workers? or people in there eating? >>reporter: there are conflicting reports. there were reports that people got out safely. but there were reports that for a moment there was a loss tag -- hostage situation. the details are unclear. >>shepard: and swat is there? >>guest: yes. >>shepard: and he have a command post at the furniture store, right? >>guest: yes. >>shepard: they are waiting to determine how and whether they will go in. >>guest: yes. >>shepard: have they been on the phone with the suspect? >>guest: i don't know about that but local news media were told not to call because news media was calling trying to get some information and they were trying to negotiate. >>shepard: we were told that, too, and you deal with different organizes in different ways and the, right now they are asking us not to use like pictures so that they will not know where the cops are staging if they are watching fox news so we are not using the like coverages, we are cooperating but you wonder how long they will let this go on. >>guest: exactly. and, you know, one of my photographers told me he believed that he saw the suspect up at the counter, kind of like he was leaning up at the corner, maybe grabbing something, but, then, again, you know, it wasn't a very close shot and we don't know exactly what was going on. i don't know, perhaps he was injured. we just don't know. everyone is just hoping this comes to a close soon. this are a lot of people that are stuck out here and they cannot get to their cars. they cannot get out of the mall. it is locked down. some of the stores are evacuated but they can not get do their cars to leave. chaos here. >>shepard: we have a picture of the suspect. his nail is daniel perez. the officers outside the baja fresh are said to have been calling for him to surrender. this is reporting of the east valley tribune, the local newspaper there. perez was held on two counts of aggravated assault on department of public safety officers, or cops, really, after a december 10th shooting incident. however, on december 16th, they mistakenly released him from the county justice of the peace, after he posted a $320 bond on an outstanding misdemeanor charge from 2009. so what we think this guy is up for review and he posted a bond, $320, and part of the system does not realize something else has happened since the bond problem, and since then he shot a law enforcement officer. somehow the paperwork does not make it. so he posted $320 bond, six days after he shot a law enforcement officer and walks out to the street. and fast forward to january 5th, and he is outside the fashion square mall, there, and suddenly the cops, undercover cops tracked him down and realize he is there and want him in custody. after all, he shot a cop. so, all of a sudden there is a shootout outside the mall. they shut down much of the mall. he maked it through the mall and to a baja restaurant where they serve fast food, a caribbean caribbean-type restaurant, quite good restaurant, and the cops are trying to get him out and this is a whole situation with roars and these are not like pictures because the cops asked us not to use like pictures. so, no we are waiting to see how they will get this guy out of there. thankfully, no police officers not. it is our understanding the suspect, perez, has not been shot himself. it is our belief they have some sort of communication going on and they are trying to decide how to proceed. unclear to us at this moment, we cannot be certain, as do whether there are still people w