have you ever seen a case like this? ever? >> i was a federal prosecutor myself for 8 years. in the 80s mac. for and very proud of it. and since then, i have been representing police officers, at law enforcement officers all over the country. i have not seen anything like this. >> tucker: so the argument is that what that they committed murder by choosing this man? >> well, i have to remind your listeners that indictments are written by the prosecutor's. and so they are the ones that structured the scenario that you have just described. and i can't do anymore justice to the description then you have done. >> tucker: the man who was struck and killed by an suv, not by a police car was he wanted for a crime?