injury hit where it happened and not anywhere else. it didn't risk any chance of me not playing any sports that i play or continuing to do anything that i do on a regular basis. >> ladies and gentlemen, i think as you look at mckayla you see something below her lip on the right side of her face. why don't you tell the viewers what that is? >> so i was hit from my right side right here where all of the blood is and it knocked out a tooth, messed up some of my gums and ricochetted off the tooth and landed in my jaw and the chunk of the bullet is right here and there were fragments along my lip that they took out when they stitched me occupy. there's a tiny piece in my nose, but other than that, just this combhing is what they were worried about but they are keeping that in there due to the risk of nerve damage if they take it out. >> you are now still healing. the bullet started or went through that entrance area and part of it lodged over here on the other side of your mouth. do they plan to remove it at some point or are they waiting for you to heal or might it not ever be removed? >> they said if it gives me problems to see a plastic surgeon until then they are going to leave it. >> you know mckayla it is unbelievable you are sitting here. we are 48-hours out and you are sitting here and your dad is right next to me over here. last night we had someone shot through his neck through and through. where do kids get the resilience. you seem fine. >> i feel great. i am just glad that it hit and it didn't go in my throat. it didn't break my jaw. i am just grateful that it hit there. >> tell us about that night. you said to me that you had been planning to see this movie for how long? >> probably since my freshman year and i am entering my senior year now. it took a while for them to make this movie and get it to go into theaters. my oldest brother is a complete movie critic, loves every movie made especially the batman series, so we share that interest. he told me that it was coming out and i marked it on my calendar, bought tickets the morning of the showing to make sure i had some for me and my friends got some snacks and headed to the theater. >> why the midnight showing? >> i just wanted to be first to see it so i could tell all my friends about it. the movie of the mere almost and just such a big showing. >> all right. now you have been shot by someone who has been identified. you know his name. we are going to try not to mention it either. what do you think should happen to the shooter? >> i am not sure. i just -- the pain that he has caused everyone else, i mean people don't realize it's not just the victims that were either killed victims that are critical, victims like me who just got a little cut on their chin -- >> you got more than a cut on your chin. you are a hero no question about it. that was a bullet that went through the bottom of your face and part of it is still lodged in there. >> yeah. i just -- >> if you could talk to him what would you say to him? >> i am not sure. i -- it's very hard to think what you would want to say to him, because you have so much anger built up for what happened. i mean not for me but every family out there that has been hurt by it. even people that cousins, long lost relatives, anything, so it's just you want to give back fairly but you don't want to stoop down to his pathetic level either. >> mckayla hicks 17 years old a survivor and we wish you the best. thank you so much for being with us. >> thank you. >> we are learning more about the suspected shooter. here with the latest is fox news correspondent adam housley. adam? >> yeah, judge jeanine we are outside of the shooter's apartment. we have been here for the past few days. we are told the investigation is complete. however there are a few more things to do. here's a live look people stopping by taking pictures some of the neighbors allowed back on the apartments or on the street as well. windows have been busted out. we have been told by authorities while they completed their investigation inside we will go back one more time make sure they have cleaned up everything. there is residue of some of the powder and everything that could be toxic. they will board it up before they let anybody back in. that will happen most likely tomorrow. one of the residents here said they might be let back in as early as tuesday morning. meantime as part of the investigation we saw them bring out a ton of stuff last night. a ton of evidence. they were able to secure almost everything. even though the apartment was totally booby trapped when they arrived here. the two things we learned about tonight is one there was a poster inside of batman we are told on the wall as well as a map associated with t-- mask associated with the film. they won't tell us if it was a batman mask or one of the characters. there were other things including a computer tower has been totally found in perfect order. they found all sorts of different samples of the some of the accelerants he used and powders he used. the key here for them was the fact that they were able to secure all of the evidence didn't lose any of it. at the same time everybody was safe and secure trying to diffuse the situation. just a block and a half or so. you can see that facility right there that is the hospital where people are still inside from the shooting. that is one of the hospitals. we know of three major operations that took place as people are continuing to recover. for some of the people it will be months if not years before the recovery takes place. judge? oo a traem douse co tremend coopty effo-- cooperative effor from the police. he raised red flags for the owner manager, glen. he is sitting with me here. thank you for being with us. >> you own a gun club. >> yes, i do. >> there's an individual who made application to join your club who for whatever reason raised red flags. tell us how someone gains access to your club. >> we are private you have to apply to be in the club. you do it by i mail or coming out and filling out a form coming to orientation and going through the rules and regulations they have to fill out a form that asks them certain places to see if they have the right to own firearms and be able to do it just like anything else. >> pretty much in colorado, unless you have got a problem a conviction or a mental problem that people are aware of you can have a firearm,>> right. >> you still have his application. >> yes. >> we have an application so we know who they are emergency contacts all that stuff we have to have for them. we ask them because i have to protect myself and other members and whether or not they have the right to own firearms whether or not they have use drugged or they have been convicted of anything. >> he comes in puts in an application and what do you do? >> he sent it in by e-mail. i got it by e-mail. the process is when i get e-mail i check it if it reads out it is right and the questions are answered right i call them and say do you want to come to an orientation this is the next one are you coming? if they do they come out for an orientation. we get a chance to meet them and talk to them. >> you do what? >> i called the number on the application to talk to james holmes about the next orientation. i did not get him. i got his voice mail answering service. it was a rather bizarre answer on it. >> how? >> it was very low, glutteral, low tone voice, talking, rambling, indistinguishable for what he was trying to say and do that lasted a while. i thought it was bizarre. but people do strange things or people do pranks. i left the message let it go. called the second day. normally i only call a person once we are very short on ranges in the denver area. so they will call me back almost immediately. he didn't call me back. so by the time i called him the third day i thought that's it. >> same voice message. >> could you decipher the words? >> only some words. >> how did this strike you emotionally? what did you think? >> this is bizarre, crazy for some reason. it was a low gutteral... type of thing. >> at some point you realize the shooter is the guy who applied to be a member of your gun club? >> what is the first thing you think? >> thank you lord for not being in the middle of this although i am obviously in the middle of it. >> glen, i want to thank you for being with us this evening and thanks for your instincts. i am so glad he never joined your club. >> what was it like early friday morning at that movie theater and how tense was it yesterday when the booby traps were disarmed. going to talk to two of aurora's firefighters when we come back. >> we have a female shot in the leg. i have people running around the theater that are shot. >> north side of the theater. >> the 911 calls came flooding in friday morning in the aftermath of this deadly movie theater shooting. chris anderson was one of the first responders to the scene. and president of the aurora firefighters randy res certificate auz on scene when the booby trapped department was there. >> we are all so grateful for what you have done. you are the first responders that people talk about all of the time. thank you. >> i am going to go to chris first. chris, you were the battalion chief. you got a quality shortly after 12:45 a.m. friday morning. >> yes, ma'am. >> tell us what the call directed you or where it directed you and what you thought you were going to? >> a call came in as a gun shot at the century theater. we thought we only had one patient. they sent a single engine company and a battalion chief because at that time they didn't have any more information for us. as we are responding to the scene, before it started coming we had 2 people, 3 people. by the time i got close to the scene there were reports of multiple, multiple victims scattered over large areas. >> did you know what had happened? >> not initially. but in route -- >> when did you first realize the enormity of this. >> about 3-4 minutes from the time of dispatch. >> what did you see? take us through the vision of what you saw that night. that early. >> when i first got to the corner of alameda and stable i turned to go to where the police told us to do our staging. as i am traveling down the boulevard there were civilians trying to stop me and ask for help. that wasn't really my responsibility. it was my responsibility to establish commands and try to make some kind of order of the chaos. >> randy, you heard about this later that morning. although it was still early morning friday morning. >> right. i had received a call from deputy chief of operations that i needed to respond in. i was on my way here and got diverted to the house to the apartment and was diverted there to help start setting up supplies and work at that scene. >> so you were staging things there as well. >> right. >> did you know what to expect in that apartment? when you got there and you were setting things up did you know the apartment was booby trapped? >> i had heard on the way in i haefd rad heard radio calls about what was going on. one thing i think that needs to be mentioned is some of the crews that have been here at the movie thoeater had gone back because of the proximaity of tht house. they were dispatched back to the apartment. >> let's talk about that robot. that robot goes into has a vision and is feeding back an image of what is in that apartment. >> correct. >> i can't image you weren't anything but white nickelled trying to make sure that thing didn't explode. >> we had atf and fbi on the scene they were handling that part of it. but they were giving us a live feed from the robot the entire time therapy there. >> you know what was in that apartment? >> we were seeing it live as they were dealing with it, yes. >> did it look like a place where someone was living or did it look like it was a rigged booby trap place ready to explode? >> i am not going to go into a lot of detail that jeopardize the information going to trial. but there were numerous devices in there and numerous trip wires. >> did it look like someone lived there or did it look like it was set up to explode? >> the area we saw looked like it was set up to explode. >> the brutality of what you saw you in particular that night will that stay with you? >> yes, forever. >> how did you get over it? >> a lot of ways. the main ways what scripture says to not be overcome by evil but to over come evil with good. and that is the only way and the main with a that i know and the people that i work with i am so proud of. they are willing to lay their life down for a stranger. we had reports of an active shooter and reports of bombs in both parking lots and i had to make a life and death decision do i pull the people out -- >> we have to wrap. i am so sorry. we are so proud of you. >> thank you very much. >> accused mass murderer james holmes is due in court monday. it will be a long day in court. richard block joining us now. thank you for being with us. >> you are welcome. >> you are the chief deputy da in that area is that correct? >> correct. >> you know the system better than any one. let's start with tomorrow. tomorrow is what we call an advisement hearing. everybody thought it was an arraignment. what's the difference? >> tomorrow is just the first appearance he is going to make in court. he has to be brought to court promptly after his arrest and it will then get sent over to filing of charges. >> if it is sent over for filing of charges i have looked at the colorado statute they are supposed to do that within 72-hours? >> if you are in custody they have 72-hours for which to file charges. >> richard, this case is enormous. there are 70 victims we know of and two crime scenes. how can they possibly put this together in 72-hours? >> it will not put the entire case together but they will get a case filing they will get some basic information and tell them what that arings are appropriate and then the investigation will go on. >> now it is a prosecutor's information that will be filed not a grand jury indictment, correct? >> correct. >> that i guess is the case generally in colorado. >> generally they go by complaint and information. >> you know the da in the county. she is someone who is known to seek the death penalty, correct? >> she has, yes. >> her reputation in in community for seeking death is -- >> is well-known. >> you wouldn't be surprised if she were to seek it? >> i would not. >> when do you announce whether or not she seeks the death penalty? >> tlooers a dead lynn. i believe it is 35 days after rainment but it generally is made before that. >> you have 72-hours to file the rainment happens how long after the filing? >> in a case like this i would image about 5 months. >> really? >> that would be my anticipation. >> folks what we are talking about is in spite of the fact that there appears to be a filing of charges almost immediately there's not going to be an arraignment for some time. >> it will get set for preliminary hearing in a first degree murder case assuming that's what this case is going to be there's a mrem natur preliminary hearing and there's a hearing to determine if there is proof evidence presumption the person will be held without bond. >> let's gmove forward. competence, he has to decide the attorney the public de fernd. do you know the public defender? >> i do. >> i image quite experienced in this? >> it will put a group of public offenders together. >> they will seek to -- they have to decide whether or not he is competent and whether or not they proffer an insanity defense. what do you think is going to happen? >> i have to guess but i know they will have to interview him and make a determination if he is competent to proceed. if they believe he is not competent to proceed he will be sent down to be evaluated at the state hospital. >> competence is of course an issue of whether or not he can cooperate with his attorney and understanding char the charges. let's talk insanity in the state of colorado. >> there are two-ways to be legally insane one did not know the difference between right and wrong because of mental disease or defect. second way of doing it is because of a mental disease or defect being incapable of performing mental state. >> what is the planning in booby trapping of a department four months battalion chief said before ordering ballistic body armor to the guns and 600 rounds of ammunition. but does that impact in the state of colorado? >> i have been a defense attorney for 8 years. at this point even though i was a da for 18 years i would not trust anything until i see it no court. all i have heard is things that people are saying, but i will -- i would not trust anything. >> insanity goes -- juries buy it in one to two percent of the population. you think they are different than the rest of the country? >> no. >> finally, when they passed this statute, what i love about the colorado statute is there is an exception from insanity if it is the act born of evil, hatred, revenge, anger. it is almost so the legislators in colorado said if you are doing this out of hate and evil you are not going to be considered insane. i have never seen that. >> it's a good statute. >> that's a great statute. >> why did you go to the other side? >> i went to the other side for personal reasons. >> i went for personal reasons. >> i want to thank you richard block for joining us and sharing us information. you have given us more information on the colorado law than any one so far. thank you so much. >> it's a pleasure. thank you. up next a neighbor of the accused shooter james holmes the warning signs that gave her a bad feeling. >> thursday morning when i was parked right there warming up my car he came out smoking a cigarette and looking down and like something was on his mind. >> to many he came in contact with accused mass murderer james hole am wills appeared to -- hos appeared to be just a quiet man. my next guest his neighbor said holmes gave her a creepy feeling. brenda thank you soef for being here this evening. when is the next time you met or saw him? >> in the neighborhood 7-11. everybody goes to the 7-11. me and my daughter were there several times interacted with him. he was very quiet only spoke a couple of words, hi, how are you, whatever. but one evening we were there couple weeks ago he was -- my daughter was buying something she was going to go back home. she was in line mind. don't do that i will take care of it. it was only 60 or $0.70. i he said i will take care of it. let me go home and get it. he says don't worry about it. wei we walked out the door we were like outside thank you again. he went his way we went ours. >> you had seen him before. >> several times. >> had you had a conversation with him other than hello or his? >> no it was like hi, how are you? just looking at him because he was always smiling. he had a smile on his face. he was always alone. never with any one. had his backpack. he was like, hi. hello. how are you? that is fine. >> did he make eye contact to engage with you? >> yeah, he did. >> he was face to face. smiling. >> he was casual like a polo shirt on and pants. >> you knew he was a student. >> right. >> where i live by the campus he would walk by my place. i saw him several times walking by. was he someone who would look to talk to other people or was he alone all of the time? >> he was alone every time that i saw him he was always alone. >> when you first heard about this you heard what happened in that theater right over there, what did you think ? >> i am hearing about it and when i saw his picture my heart just stopped. because this guy i have seen so many times in the store and spoke with him not real conversation but -- >> this friendly guy who is always smiling. >> paid $0.60 when you were short or your daughter was short. what did he usually buy? >> coke, sometimes it was a coke and a bag of chips or a bar of candy. >> did you ever see him talking on a phone. >> no. >> not on a blackberry. never. >> tell us what you think when you look back? >> after meeting him and walking out. i told my daughter, there's something really strange about him. i can't put my finger on it. >> this is before? >> right. before all of this happened. >> now what do you think? should you have seen something? was there anything as you look back. i know monday morning quarterbacking is easy. but is there anything that would have signalled to anybody that this guy was to to -- >> no indication, nothing. the smile is what kept i guess everybody at bay, that he was just this nice polite guy. >> the smile. >> thank you so much for being with us this evening. >> next on justice, the author of practical homicide investigation of how a young man who seemed so normal turns into who seemed so normal turns into a cold blooded killer. 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what is that about? >> i believe he planned this for months. the foont see for him was to take on the persona of the joker. in doing so he sustained himself by this plan because with each effort he made with each piece of equipment with each item he purchased as he blewed glued this together for the culmination at the theater the last lady talked about how he had a smile on his face. he had a smile on his face because he knew what he was going to do. he was going to render this community if the bombs had exploded he would have rendered that community something terrible beyond the terrible shooting in the theater. listen to this. most people who are mass murderers commit suicide or are killed by police before they arrived. for him to surrender so neatly he didn't plan on dying. in his mind he was the joker. for those watching knight rising it will be about him. he vicariously put himself in that particular production. >> i am going to throw one thing at you. it hasn't yet been confirmed. what about the fact that the ar 15 may have jammed because the drum ammunition wasn't completely used he had to switch to the long guns do you think it may have something to do with him surrendering so easily? >> no. you heard of suicide by cops. all he had to do was point it at the police officer and they would have been able to shoot him. he game with the chest protection and the groin protection. he was not going to get shot. he did not want to get shot. he did not want to die. >> what have we learned, vern? what have we learned? how can we train law foreignsment in the fewer. how does this change the whole dialogue? >> this case is without precedent. my immediate concern of a law enforcement officer is that somebody else, some other unknown nerd will try to put together a scheme something like his. this is getting a lot of publicity. this is worldwide news. he went from an unknown nerd to an international super villain, the joker. if you know anything about the joker, the joker was a highly intelligent psycho path who had a personality. he is a narcissist and i think he is enjoying all of this coverage and drama and this horrible service tonight that was so sad and sorrowful. i am sure he is laughing about it. the joker would laugh. >> why do you think that i tohed the police about the bomb in the apartment? >> the joker was a highly intelligent psycho path. it took a lot of intelligence to construct the sophisticated series of bombs that were trip wired. i spoke to the experts on that case. every within of them was amazed at the intricacy of it put together. that shows him to be highly intelligent. the joker is highly intelligent. >> no gentlemen about that. final thoughts? >> the people weren't people they were props in this highly violent fantasy for him to become the joker. >> really pathetic. >> thank you for your expertise and for joining us this evening. coming up a look at what is next for the accused shooter and the town of aurora. >> i thanks for reading stories like this has such an impact is because we can all understand what it would be to have somebody that we love taken from us in this fashion. what it would be like and how it would impact us. we are here in aurora, colorado and we have witnessed a great deal of pain over the last 48-hours. thankfully the prayer vigil ended before the rain came. as we end tonight one of the things that we want to talk about is going forward and joining me now is investigative crime reporter michelle sagona. you have been here in aurora for 24-hours. what have you learned about this town? what have you learned about the people here and what they have gone through? >> people here are wonderful. i have seen people come in from colorado springs dropping off flowers off people comforting one another outside of the memorial and just doing everything they can to pull together as a community. >> what's interesting is i was here yesterday morning and it was very, very quiet over there. april of a sudden they pulled themselves out of the shock and they said let's go over there and let's honor those people who lost their lives and it has been very active around here. i talked to people they have been very resilient and they amaze me. >> unbelievable. >> let's talk about a couple of things. the police chief today said something like there was no information that this de fen dent or the accused shooter acted with any one else. there was a rumor about that for a while. >> there was a rumor. i spoke with detective lucy and what she told me is that lee was questioned and released not charged with any crime but there was a report that he may have allegedly made a phone call a threatening saying something would happen. they couldn't confirm a lot of those details, but what she did tell me is he was in fact questioned and was in fact released. >> the chief came out and said he was very clear that we have no information he acted with any one else at this time. do we know whether this individual knew him from school? was he a student? >> reports are he came from school he made a phone call to the jail after the incident. that is what we are working on now. >> what about the family? i understand that the father is here. do we know who when this happened we had the right person. what do we know about the parents? >> from what we know about dad we know he is here we are not sure about mom and we know he has a younger sister i have speak ento neighbors within the san diego community. i wanted to learn more about the suspect what bhaks him tick why he did what he did. tracking so many cases through america's most wanted. thousands of crime cases it is very easy to go out and sort of find the habits of the suspect. >> what makes them tick, what did he do daily. he was sort of tracking that at the gas station. >> what makes him tick? >> he was pumping gas outside, paid with a credit card drank mountain duocationnal lifz a smoker he went to the liquor store around the corner at least three times. he did not make a significant impact on any one's life. he did not really come out and he wasn't one of the people who said oh that's giet i remembered. >> you are saying he had a car and he was filling it up with gas. where was he going? how far is school from here? i was inside the apartment building where he was today i went into the other apartment building so i could see over -- i could see into his apartment building. >> nobody remembers him being with any one else? >> the family lived there 7 years they could see directly to the apartment all of his blinds were closed. i spoke with one of the tenants on the first floor who said i saw him around a couple of times but he really didn't talk to any one. >> did any one hear the music that went off at midnight and repeat it had self from 1:00. had they ever heard music from that apartment before? >> not the people that i spoke to. >> the people of this town despite of what happened here they have seen they are going to go forward? >> i haven't heard a lot of anger. >> have you heard? >> just a lot of heavy hearts a lot of people being very prayerful listening -- lifting prayers and spirits up asking for strength watching the crosses come out going up there. it is heartbreaking. >> it is i am amazed how these people are so strong and kind. >> thank you for being with us this evening. that's it for us tonight. thank you for joining us. fox news will continue to bring you will the latest on the colorado movie massacre. justice will return but before we go let's take a moment to honor the victims of thursday night massacre. ♪ ♪ ♪ >> good morning everyone. i am patti ann browne. >> i am ainsley earhardt. it is monday july 23rdrd. >> colorado and the rest of the nation are remembering the victims of the midnight movie massacre. ♪ >> family members, friends and other loved ones had a heartbreaking vigil inyesterday. >> dave briggs is live in aurora with the information for us. >> when you read the cover of the denver post the local paper says it all. this is a bit strange my home town aurora, colorado. wint to high school 8 miles from this theater at smoky hills high school. i can tell everyone is indeed hurting. that is the mood. people are starting to tufrn the page starting to rally together come together and try to move on. not be angry not be vengeful but to show the best of humans in the wake of this tragedy. they had the vigil last night hundreds of people gathering together to honor the victims not just the 12 killed in if the shooting at the midnight show the other night but also the 58 injured. after every name the name was called the crowd cheered. they are saying we are not going to be defeated by one crazy gunman. we are not going to