mind we have a criminal investigation going on. we are going to give you some more information on that today. i also want to thank the community. chardon is a special place. many of you got to see that today and yesterday. and you'll see it some more in the days to come. this has touched a lot of people, a lot of families. i happen to be a graduate of chardon high school. i met my wife here. the most eerie feeling in the world was walking down the halls yesterday, running down them in response to the incident that we had. the ems, fire and law enforcement were well prepared, well planned and executed to carry out the plan. now we move to another important phase, and while the investigation continues and we still look for the why, and what, and who, we now deal with a community looking to heal. my five-year-old grandson last night wanted to call my niece, a chardon high school student. he asked her, are you okay? simple words from a fiv five-year-old, are you okay? and she said, yes, and started to cry. we have a community asking, are you okay? we need to get that message out. chardon, northeast ohio is rallying like nothing we've ever seen before. the out pouring of concern, hope, encouragement has been unbelievable. people calling just saying, thank you. we need your help as we move forward to get the correct information out, the accurate information out. and we thank you for what you've done and we thank you for your patience. we have a community that would demand nothing less from us. at this time i would like to introduce the chardon school superintendent who will talk about the upcoming school schedule. thank you. >> good morning. i'm the superintendent of the proud chardon local schools. again today my thoughts and prayers go out to the victims, especially the two families who have lost their children through this ordeal, and we certainly keep our thoughts and prayers for the three other people, hopefully, hopefully having a speedy recovery. we also have more victims, and those victims are our professional staff, our teachers, and our employees. in rethinking of opening school tomorrow we've come up with maybe a little abbreviated plan. i'd like to share that with you tonight so you can communicate that not only to our local people, but this may help other people in need somewhere around the country. as part of the healing process for our students, parents, faculty and staff the chardon schools will reopen the school facilities according to the following schedule. wednesday, february 29th, all high school faculty and staff are asked to gather at the high school at 9 clock in the morning. counselors will be available. all kindergarten-8th grade faculty and staff are asked to gater at m u.n. ton elementary school. counselors will be available. patti ann: that is the superintendent giving the update on what the school hours will look like over the next couple of days in that district in chardon, ohio. a lot of emotion coming from the community. we are waiting and watching for any developments in the investigation and we'll bring you updates as we get them. jon. jon: new information now, jenna on a terrifying end to a flight to new jersey. operations at newark airport are back to normal now as vetters trying to figure out what caused a plane's landing gear to fail. the united express flight from atlanta was forced to make an emergency landing last night when the nose gear would not drop down. it skidded to a stop at the end of the runway on the main gear, and there as you can see on the nose of the plane some passengers on board feared the worst. >> the plane i am on from ato will be doing an emergency landing, the landing gear will not open. i love you. >> it made me very scared and it made me realize to actually pray before every flight, while in flight and for the landing to be safe. jon: all 71 people on the plane got off unhurt. join us now one of those passengers, steve. this was a flight from atlanta to newark, right. >> right. jon: everything is going normally until what happened. >> the first approach to newark we had an immediate kind of abrupt change of pattern, and we lifted back off, and then the pilot got on and instructed us that there was a light indicator on the landing gear that was malfunctioning. jon: he didn't have the nose gear down. and he flew by the tour at very low altitude. they verified that. >> we flew at car level along the entire runway. he lifted back off. there was a lot of silence on the plane. at that point i think thought of us thought if it was good news we would have known about it and it wasn't. jon: they actually used the word crash landing in the announcement to you. >> and we started all praying for the pilot, and the staff. they did an amazing job of preparing us. we did a practice run in the plane, and then as we were coming in the flight attendants in the back were announcing, prepare for a landing, prepare for crash landing, get in the crash position, and then they kept repeating it over an over and over again and the pilots said, about to crash, about to crash land, crashing, then we skidded into the ground. jon: now we know that everybody got off unhurt. you went down the emergency slides, right? >> right, the shoot. jon: in those moments before you're just about to touchdown there had to be pretty scary thoughts going through your head. >> yeah, i wanted to text my family and tell them to carry on, keep the faith. honestly just thanking god that we made it through that. jon: it's absolutely -- well it's a great end to a story. you said hats off to the pilot who did a great job. >> unbelievable job, and the crew did a phenomenal job. they kept their cool the entire time. jon: it points out how safe filing is really. these things are the exception and a great end to a nerve-racking story i'm sure. >> it certainly was. jon: thanks for sharing your story with us. jenna: steve gets on a flight next week. hats off to you. you're still getting on the flights after the story. we'll turn to politics now. the republican race for the whourbgs it's primary day in arizona and michigan. the polls are up today. things are looking good for mitt romney in arizona. he faces a showdown with rick santorum in romney's home state in michigan. the race remains close and volatile. much more on the fight for michigan a little later on. some say it's an referendum on romney. jon: that will be an interesting race. it is already a big issue in the race for the white house, we are talking about the surging price of gas across the country. according to aaa a gallon of regular $3.71, up another 2-cents overnight. 35-cents a gallon more than this time last year. if you have a 15-gallon tank you're paying an extra $5.25 every time you fill up. mike emanuel on that now. lead republicans are going after the president and his energy policies. what do they say? >> reporter: speaker john boehner said a few minutes ago it's just about dam time we have a new energy policy and do something about it. mitch mcconnell said the american people get this issue and criticized the president's policies. >> they get that we need to increase oil production right here at home. not simply rely on pipe dreams, pipe dreams like algae, or by wasting billions of taxpayer dollars on more failed, clean energy projects like solyndra, especially at a time when we are running trillion dollar deficits. we can't afford it. >> reporter: he blasted the president for holding up the keystone pipeline xl pipeline which he called a game changing domestic energy policy. jon: with all the heat he's taking what is he saying about it. >> reporter: we've heard the president call for an all the above approach. he says with only 2% of the world's oil reserves the u.s. cannot simply drill its way to lower prices. here is the president on this energy issue. >> while there are no short term silver bullets when it comes to gas prices. i've directed my administration to look for every single area where we can make an impact and help consumers in the months ahead. from permitting to delivery bottlenecks to what is going on in the oil markets. >> reporter: the president continues pushing for wind, solar, biofuels, nuclear and more as a long term strategy that uses every source of energy. he says there are no quick fixes which suggests it may be a rough summer for american drivers. jon: the white house may be a little bit worried. thanks, mike emanuel. jenna: after the deadly shootings in chard done ohio, the superintendent we saw on the screen ten minutes ago called on everyone to pray. this community has been holding prayer vigils ever since the deadly shooting happened in the high school. why is appraiser in public places promoted when tragedy strikes but is a light link rod of controversy at other times. we have a fair & balanced debate coming up. jon: rain, fire, accidents and true grit on the display last night. if you missed it it's coming up. jenna: do you think video games are keeping you or your kids fit you should think again not the same thing as outdoor play. jon: really? jenna: we have the details of a brand-new study next. ♪ [singing] ♪ ♪ [ male announcer ] offering four distinct driving modes and lexus dynamic handling, the next generation of lexus will not be contained. the all-new 2013 lexus gs. there's no going back. see your lexus dealer. jenna: brand-new study on kids on video games. new research is suggesting active video game playing isn't the same as old fashioned outdoor time. rick has more on this. rick, you're telling me that pretending to play basketball is not actually like playing basketball? >> reporter: apparently not. and i had no idea. and this is not good, jenna, because this is exactly how i convince my wife that we needed to get a wii for our kids this past year. hopefully she is not watching. okay, researchers in houston looking to start trouble no doubt, exploring weather the video games that make you get up and jump around and punch and do stuff like that actually help kids get more active, and they found out the answer is no. they gave a group of overweight 9 to 12-year-old kids wii games. they hooked up the kids to monsters and measured their levels of activity. some of the games were the games that a you jump up and do the exercise and dance around. some of the games that the kids got require you to do nothing more than move your thumb, and guess what, no difference between activity levels. this is shocking, and it flies in the face of similar studies. here is how they explain the results. in other rerao search kids knew they were expected to get up and move around, and in this study, jenna the kids were merely told to play the games just like they would if they were playing at home. oh, well. the researchers say their study proves there is no substitute to actually going outside and running around. jenna: i think we actually got a call on set. jon: mrs. folbaum rick needs new golf clubs because wii golf is not good for him. jenna: very interesting. i guess it doesn't work. jon: we take good care of rick. jenna: the punching looks good. if it's the same as just like doing this. say goodbye to the wii. very bad news, thank you. jon: it is game day in the g.o.p. race for the white house. voters are heading to the polls right now in arizona and michigan, all indicators point to a comfortable lead in arizona for governor mitt romney. but michigan is turning out to be a toss up between the former massachusetts governor and rick santorum the former pennsylvania senator. what is behind the close race? let's break it down now with the editor of inside michigan politics, bill ballinger. this was romney's state to win all along, all of a sudden came the rick santorum surge. where does it stand. >> it's a dead heat. anything could happen today. jon: because? >> mitt romney seemed to be surging in the polls the end of last week, seemed to have overcome the lead, had overcome the early lead that rick santorum had two weeks ago. all of a sudden his momentum stopped and polls in the last 24 hours have showed an absolute dead heat, so anything can occur today, and of course the big talk up here is the santorum robo calls. jon: right. >> that have come in to lots of democratic homes over the last 24 hours, sounding like they are from solidarity house, or the obama reelect committee, urging fellow democrats to cross over and vote in the republican primary against mitt romney because of his opposition to the auto bailout. you have to wait until the end of robo call to hear that this particular call was paid for my the rick santorum for senate committee, and -- excuse me for president committee, and, you know, it was very misleading, and obviously rick santorum has the same position, an opposition to the auto bailout as mitt romney, so it's pretty disingenuous and hypocritical. jon: romney's people are fuming about the call. santorum is urging democrats to get out and vote for santorum, democrats and independents. clearly if it works, you know, it's all fair in love and politics, but it is a little bit, well, unusual, shall we say. >> we don't register by party here in michigan. anybody can go in and vote in either party's primary, so anybody can go in, whether they are independents or democrats and ask for a republican ballot and vote in the primary today. i don't think probably more than 15 or 20% of the total turn out is going to be independents and democrats, selfidentified, because they are not registered that way here in michigan. i think it's going to be a race determined by the republican election threa electorate. but that may be enough for rick santorum. i think he's enjoying some what of a surge here. jon: we'll see what happened. the santorum campaign says win or loose they are going to win michigan because of what is expected to be a very close race. good to talk to you. jenna: the delegates there, they can split. in arizona it's winner take all. in michigan they can split delegates. if you look at being the first or the second -- jon: it comes out to a 50-50, 60-40 race they'll get a lot of delegates. jenna: the race goes on. we'll be watching that for you tonight on fox news. this story, changes that could cost military families hundreds more dollars a year in healthcare premiums. the outrage over how this could happen and why now. plus, it was a fight between two elementary school girls that lasted less than a minute. hours after the fight one of the girls dies. her dead is now being ruled a homicide. could her fellow student be charged with murder? our legal panel weighs in next. >> they were fighting just for a boy, just for a boy. >> reporter: what do you think about that? >> i think it's stupid. i want to fix up old houses. ♪ [ woman ] when i grow up, i want to take him on his first flight. i want to run a marathon. i'm going to own my own restaurant. when i grow up, i'm going to start a band. [ female announcer ] at aarp we believe you're ner done growing. thanks, mom. i just want to get my car back. [ female announcer ] discover what's next in your life. get this free travel bag when you join at aarp.org/jointoday. and who ordered the yummy cereal? yummy. [ woman ] lower cholesterol. [ man 2 ] yummy. i got that wrong didn't i? [ male announcer ] want great taste and whole gin oats that can help lower cholesterol? honey nut cheerios. jenna: right now a school fight that is turning into so much more. a fifth grader in california is dead. her name is joanna ramos. her death ruled a homicide. she died after getting into a fight with another stew didn't it after school. the classmates say the fight was brief, over a minute. now her devastated family wants answers. >> i still wake up anything she is like in my house. i just get flashbacks and it just gets me mad. jenna: no arrests yet in the case. could we see an elementary school student charged with murder? fox news legal only lis lwel, and a fox news contributor join us. it was a deliberate fight. could an 11-year-old be charged with homicide here? >> this is a horrible case for the prosecutor to get. the answer is yes. i don't think there would be premeditation here. both girls went into this voluntary, no weapons or signs of any bullying on either side. they went into the fight together. the bottom line is this little girl is now dead. there was no justification, which is what you need legally for her death. you're looking at not murder, probg plea but manslaughter which is the killing of somebody else without an excuse. i think that's when we have here, jenna. jenna: you think about it, say let's say two college-aged boys getting in a fight in a bar and one of them dies several hours later. it almost seems like it would be more clear than a case like this. how does age matter here? >> it would be more clear, and you're really right, i have a ten-year-old son, i can't imagine the heartache that these people feel. ultimately we have to put that aside. with two college kids or two 21 years old in a bar fight it's reasonably foreseeable that swob so*b is going to hit their head or get hit with a bottle. you have to show a reckless disregard or so some knowledge that this would be dangerous to human life in california in order for manslaughter. this was a fight in a schoolyard with a ten-year-old and an 11-year-old. no 11-year-old child has the requisite intent to be charged criminally. >> with manslaughter you don't need the intent. that's the whole difference between murder and manslaughter. it was in an alley outside of the school and it was set up, fred. the whole thing was set up hours before. jenna: fred. >> you need implied intent. that's what the law calls for. you have to show reckless disregard. did this child know or have some reason to know that this would result in a death? jenna: as we heard in the sound byte right before commercials that the students, the witnesses of this. other fifth graders and 6th graders said this was over a boy. joanna had a bloody nose and knuckles. she ended going back to an after school program after this happened. that begged the question, where were the teachers and the supervisors? what about the school property? could other people be charged here in the death of this little girl? >> absolutely. now it was not on the school grounds, so, you know, that takes the school a little bit off the hook. but if it's found, jenna that as we think it is that this was set up hours before, because all the kids were talking about it. you know how kids will talk about this is a fight, go see this fight in a couple of hours, if that happened on the school ground, all this talking and back and forth about it and then the actual fight happened off school ground well there would have been time for the school, teachers for somebody to have found out about it and done something, so that is where i think the school could come in. but also just one other point, jenna. there were a bunch of boys there, i'm sorry a bunch of her friends who wanted to get in and say, no, no, no, stop this fight and they were held back by a bunch of boys. i want to know about those boys and their accountability. jenna: quick final thought, fred. >> it's a terrible, terrible thing. it was a fight in a schoolyard between two young kids. we don't want our kids to do it. i did it when i was little. i wish i hadn't. the penalties, detention is clapping erasers, not six to eight years in the say the penitentiary. jenna: we'll continue to follow this case. fred and liz, thanks for your insights. thank you. jon: another sad story involving students that we are following, they are gathering for a prayer vigil along with their teachers to remember the victims of that ohio school shooting. doing that, though, usually won't be allowed under normal circumstances. why is it now? we'll have a fair & balanced debate on prayer inside and outside schoo