louis suburb tonight there appears to be very little appetite for listening to both sides. two people showed up in ferguson this evening. and appearance led to this. >> go. go. >> go. go. >> in new york, i think as a supporter of the officer, now. obviously not. and they're not the only one who's appear to be somewhat intollerant of the notion justice here might not lead to an indictment of this police officer. listen to the missouri governor last night. >> a vigorous prosecution must now be pursued. >> the attorney for michael brown's family joined me yesterday. he wants charges brought. when i asked what will happen if the grand jury does not indict this police officer, what happens next? >> they need to come back with an indictment. >> and meet state senator naseed who warned the prosecutor quote, if you should decide not to indict this police officer the rioting with we witnessed will seem like a picnic compared to the havoc that will likely occur. protestors chant no justice, no peace. but justice is supposed to be blind to the will of a community, senator, and a governor. mike? >> well, the thing has become routine here. they're marching around in a kickel. there is some religious leaders, but they're working in a circle, rain played a role tonight. and we're getting close to the point where cameras outnumber demonstrators. >> right. that is not a good place to be. mike, thank you. want to bring in ron wheeler who in ferguson last week what. do you make of the scene? two people show up to say, you know, they seem to be responding to the missouri governor they talk about prosecution. they're not happy with comments look. look at what happened. >> right. right. >> once again we can see the missouri governor has agitated the situation by adding his comments pertaining to the prosecution of the police officer. somewhere, i read in this country we're innocent until proven guilty. now, i'm not sure if that changed but it appears from listening to the governor and others we're guilty until proven innocent. i think people have a major issue with that. now, the woman looked like she was taken out of there. the police did that so she would not be harmed because let me tell you, protestors out there are very, very violent. and that woman's life was on the line if they didn't get her out of there. >> and we don't are the full tape and don't know whether she was instigating. what we saw is her trying to make a point. you can see her talking. and her sign says justice is for everybody. they were chapting go home, go home we're now at the point where that notion, that justice is for everybody has become controversial. >> well, let me tell you. if we don't go down the path of justice we normally do in this country when we have shootings and situations like that, in this case, regardless of the rioting, we are not doing a service for michael brown. this process needs to be allowed to go through. we don't need people coming in, fanning flames because of what they think without knowing all facts and elements in terms of what happened on saturday. >> this could be a murder of a police officer but an unarmed black teenager. this could be a cop committing murder. but might not be. it might be an 18-year-old who instigated a terrible act which would justify his use of force though michael brown was unarmed what do you think is going to satisfy crowds? they're not supposed to be relevant and from a safety standpoint they wonder what is going to happen and satisfy this crowd >> i don't think a lot is going to satisfy the crowd soon. you know i was out in ferguson last week i talked to the same individuals that we see now. i can tell you when i asked them, i said what is it that you want? they said we want this police officer to be indicted for homicide and to go to jail. i said that is what the justice system is for. they say we don't trust our justice system. if that is the case no one is going to win in this situation. some of the young guys are telling me they're going to come back. people out there this week are not from ferguson. they're from st. louis county and other cities in the area. >> there are protests outside of the justice center calling for the prosecutor to step down. he is the guy in charge of the process. his critics say he cannot prosecute because his child was killed on the job by an african american man. he stands by the oath and calls on governor nixon to make a decision because it's up to the governor. >> so nixon needs to say yes i'm going to do that or no, i'm not. i want to do what i can to bring as much evidence and truth out in this case that brown family deserves that. >> and what happens if the investigation ends? he does his best but the grand jury did not indict. joining me now is dave glover g to see you. you know this prosecutor, and the pressure on him from the state senator saying what we saw was these protests and people getting shot is going to look like a picnic if you don't get an indictment in this case. i know governor nixon they're not friends i know to see them and shake their hand when i practiced law i didn't practice criminal law my roommate was a public defender. and he does not have a reputation for being soft on crime. he's hard noseed and no nonsense. >> not only was his father a cop but several law enforcement relations. >> whenever the attorneys is a journeyman made his name defending police officers said to me on the show if he has a soft spot for police officers it wasn't for any police officers i've ever defended against him. and this is, they didn't elect him to be the county prosecutor with an asterisk and say you understand given your dark past, that if the white cop shoots a black person you're going to have to recuse yourself. jay nixon painted himself into a corner as you know. he knew what he's going to say. it was scripted and he was in makeup. she said something is silly and he walked it back, as he should i'm sure you know this. before jay nixon was governor he was attorney general forever. >> 15 years. >> yes. he knows what a vigorous prosecution schl for anyone if i were to say justice for officer wilson, being here tonight i can tell you somber tragedy, a strange feeling to be here on the ground but we don't know anything. the only people that know anything are on the very deep inside of the investigation. and they don't know everything until it's out there, no one can root for anything but justice. period. >> who is going to be the voice of that? with the folks on the streets? you know the attorney general for the family was on a program yesterday and he's a very reasonable, kind man. but i said what if the jury does not come back with an indictment? he said they better come back with an indictment. it doesn't seem like anybody is going to stop until they get this cop. >> you know, megyn my theory in all things there is 10% whackos on the left and 10% whackos on the right. 80% are fair minded and long the bell curve. it's going to take 80%. i don't expect them to come down here after what happened tonight. and that could have gone quickly. do you know what they have told me? if this guy is good for it, let him burn. if not, cops are considered innocent until proven guilty. one more thing there is a lack of understanding of the legal system. worst thing ever to happen is judge lauthner, everyone thinks you go in and none that have happens as you well know. >> you're wondering where judge loellen is. >> grand juries take time. people in this, you know, teeth clenched to get this in think every day that goes by without that happening someone is rigging it against them. >> thank you. we appreciate it. so he had no lips. it was just the strangest thing. do you remember him? the guy outside of wachner? i was only two, but i loved it. new video from another shocking incident in this same area. st. louis. another shooting just miles from where michael brown was killed white police officer and a black man who gets shot and killed. and tonight, continuing to watch the streets of ferguson. i'm j-a-n-e and i have copd. i'm d-a-v-e and i have copd. i'm k-a-t-e and i have copd, but i don't want my breathing problems to get in the way my volunteering. that's why i asked my doctor about b-r-e-o. once-daily breo ellipta helps increase airflow from the lungs for a full 24 hours. and breo helps reduce symptom flare-ups that last several days and require oral steroids, antibiotics, or hospital stay. breo is not for asthma. breo contains a type of medicine that increases risk of death in people with asthma. it is not known if this risk is increased in copd. breo won't replace rescue inhalers for sudden copd symptoms and should not be used more than once a day. breo may increase your risk of pneumonia, thrush, osteoporosis, and some eye problems. tell your doctor if you have a heart condition or high blood pressure before taking breo. ask your doctor about b-r-e-o for copd. first prescription free at mybreo.com >> breaking tonight st. louis police releasing new cell phone video of another police shooting, it happened yesterday afternoon, we knew about it but just seeing video miles away from where michael brown was killed august 9th. it's hard to watch, we warn you. >> police pull up. he's got a gun out. oh. >> so we're not playing you the moment where they shot that man to death. you can hear the number of them he was a 25-year-old man the st. louis chief says the suspect was armed with a knife and threatening officers and officers were in self-defense. mark what do you make of this case? >> well, when you look at the tape, you walk away with one impression, then hear the chief of police describe it. there is a few discrepancies with when officers unholstered weapons. i think the problem is going to be getting this information second or third hand not from the shooters so that will be cleared up once those reports are all reduced. >> the critics say the man had his arms down ask said he was mentally ill or out of it. and you know saying kill me, kill me. the police, that he was walking towards them but he was walking. he wasn't running. he was unbalanced. was this the only option? >> well, you know, once you're committed they're out of the vehicle ask don't know what they have. they're unholstered weapons now, the man is within 3 to 6 feet. if he has a weapon you're committed. it's not time to change tactics to try to find a taser and hope you find distance quickly. >> we've heard about that people saying why isn't there a method other than deadly force? >> a taser has to be ready to be deployed when the situation is evolving slowly. a man keeping people at bay with a knife. you have an opportunity -- >> what about shooting to wound? >> you don't shoot to wound you shoot to stop. it's usually to make it short, simple. >> i want to ask you about another incident caught on tape a police officer is threatening the crowd now placed on leave. but watch. >> what is your name, sir? >> put your gun down. >> get away. >> inexcusable? >> well, in certain instances it s but it better be a tactical situation where your life or someone else's is in jeopardy. i believe a statement that this officer saw an individual that displayed a gun. if that is the case he didn't seem to focus on that person nor alert anyone he saw a gun. >> it's a tense situation in ferguson. these stories, what happened with michael brown, and in st. louis, what happened with that cop, is under scoring how high tensions are running? >> can i add one last thing some >> quickly. >> when officers confronted with a situation, we see it and have time to think about it. they have a fraction of a second to commit themselves and react to the threat. that is a tough situation for cops. >> that is important. it's easy to arm chair quarterback. thank you. >> thank you. >> or on the streets of ferguson for that matter. >> still ahead, taking a look at controversy surrounding some of the people he brought with him. stay tuned chico's leggings. every style's a showstopper! with fabrics that flatter and prints to go wild for. legs look longer, you look leaner. any way you wear them. chico's leggings. we're famous for our legs. at chico's and chicos.com. can you fix it, dad? 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>> well, the facts still that michael brown was walking in the middle of the street, the police did admit he was walking into the middle of the street. and he wasn't doing anything w.on the accounts of the police. >> that is not true, sir. the "new york times" show what the party as agree on so far at least is that there was a confrontation between michael brown and a police officer that had michael brown fiefting that officer at, in his car, and the gun went off. there was, and the brown family attorney came on "the kelly file" and told me he admits something went on in the car a struggle the gun went off. so, you know -- >> what happened after that is in question. >> i practiced law almost ten years. when i learned is that you just don't know. in cases, you never do know. you never know the truth. we do the best we can through this justice system. i imagine you, as a man through a trial, you know, seeing the man who killed your son tryed and acquitted for what i'm sure you believe was a murder you know, we do the best we can with the system we have. but does it help to have people like sharpton and others out there? stoking the fires and making pronouncements before the process is played out? >> i don't take it as their stalking the fire. i think they're there to bring attention which is needed we're living in a modern day segregation. who is going to be the voice for the brown family? who is going to be the voice for the trayvon martin family? you know? we honestly, reverend al sharpton, reverend jesse jackson, jamal brown these guys are bringing attention to what america is overlooking. >> can they do that? i see your point. can they do that without condemning the officer in this case? can they talk about racial tensions and distrust many have of the police and explain why, you know, being pulled over more often, and what this evidence is instead of rhetoric like this. >> we have had enough the issue is how a young man with no deadly threat, no life ex-ten yu yating circumstances was shot multiple times. that is the issue. that is the issue america has got to deal with. we don't want no double talking we don't want no right siding. we want to know where justice is. >> go ahead, your thoughts, sir? >> i think that that statement is true we have had enough when you look we, as a community we're targeting and treated as second and third class citizens we're not treated equal as other ethnicity groups i understand what reverend sharpton is saying. we have had enough in the community. >> do you think if the grand jury does not return an indictment it will be accepted? that decision? >> i think that, either way, it's going to be tension. i can't say it's not going to be accepted i look at my case and i'm still not accepting the fact there was an acquittal in this case because our son was murdered and i'm, the state of florida let a murderer go. >> wow. >> they prosecuted him. those prosecutors did their level best but they didn't prove the case. >> they didn't -- they didn't prove the case i mean -- >> but they tried and there was a trial and a jury of george zimmerman's peers listens to the evidence i know you have a civil rights case going forward i appreciate you coming on i'm sorry for your loss i'm sure this brings up all sorts of pain and reminders for you so all the best to you as you go through that as well. >> thank you, ma'am. >> attorney general eric holder was in ferguson today. a former doj prosecutor has been looking into what those resources are, and wait until you hear what he found. plus, a new report says officer darren wilson was badly beaten in his alts indication with michael brown. these are new facts and new video of the officer. it's an alternate perspective on why it may have happened in this case. but may be something many in ferguson do not want to hear. y. it's been that way sincthe day you met. but your erectile dysfunction - it could be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms of bph like needing to go frequently or urgently. tell your doctor about tions and medications, and ask if your heart is healthy enough for sexual activity. do not take alis if you take nitrates for chest pain, as this may causan unsafe drop in blood pressure. do not drink alcohol in excess with cialis. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, seek immiate medical hp for an erection lasting more than 4 hours. if you have any sudden decrease or loss in hearing or vision, or if you have any allergic reactions such as rash, hives, swelling of the lips, tongue or throat, or difficulty breathing or swallowing, stop taking cialis and get medical help right away. ask your doctor about cialis for daily use and a 30-tablet free trial. car insurance companies say they'll save you by switching, you'd have, like, a ton of dollars. but how are they saving you those dollars? 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you're going to shoot me? which is consistent with kwha officer wilson's friend josie said on the dana lash radio show. >> he stands up and yells "freeze". michael and his friend turn around. michael starts taunting him. oh, what are you going to do about it? you know? you're not going to shoot me. >> our says michael brown went at the officer, who fired six shots, including a final shot to the head. now, we're told that officer darren wilson is terrified that the grand jury, which began hearing evidence today will make some kind of example out of him and vote to indict. >> reverend josh degraff joins us tonight. that is one version of the story based on once source. there is another version that has the officer as the attacker, aggressor. and if you believe the other version, the murderer, this is all going to play out in the legal process. why do you think that there is such unrest and unwillingness, it seems to let the legal process play out, however it may end? >> only because in this country, in the 21 century, america, we've seen this story play out from coast to coast if you go back 40-50 years, it's separate but still not equal it's one of the flash points in >> when you see upset of the protestors most of whom are black tonight, what explains it? is it that they're grown up in a system dismissing them, therefore, they cannot believe in it? >> it's outrage is that this time we have to make a point. this time, we have to impact the system. we are sitting in new york city, waiting for a d.a.to act. and our tears will not be the only one that's are shed at this time. america must pay attention. america is worried about isis and al qaeda and other threats. well, they need to concern them self was injustice to other americans in america. >> what about, ben preston was offering statistics it's a 50-1 ratio the number of black that's kill other blacks and white cops thatñi kill black defendants or blast individuals on the streetses. saying there is a bigger problem with black individuals killing other black individuals, that that is an epidemic to treat this like it's an epidemic is not based in reality. >> i didn't. on this issue he separates from black community the fact of the matter is that government we pay taxes to we serve in the military. the government that we're citizens of have an obligation that is higher than others and we believe in the constitution ask support the constitution z when it's violated it's different. >> do you think that the folks who are marching and rallying feel like this is a civil rights-era type event? >> if you look at what is the common teary and going into archives and see the language being used, they're saying -- >> they talk about looters, too. >> no. criminals have existed in every community since the dawn of time. >> yes. >> to call them demonstrators is a misnomer. the fact that there are people that are americans and not -- >> what are you going to say about sharpton? >> i'm saying sharpton is called an outside agitator because requesting from the family to stand up. >> several guests commented on al sharpton and his rhetoric. he's saying this guy needs to be indicted. we need justice for michael brown thchl guy, michael brown did not pose a deadly threat. i get that that is what sharpton believes but he doesn't know that. so there is some danger in pronouncing it a fact, when you have as big of a microphone as he does. would he be in a better position to rally the community and see a change on race relations if he put those conclusions to the side? >> i think just the opposite. what if there was not an al sharpton? what if there was not a voice for the people who felt neglected, abuse asked downtrodden? >> why can't he draw legal conclusions about the case? >> the legal system still governs in america. he's a voice to impact and influence and advocate but he's not the legal system. and if people would take attention off of al sharpton and put it on the criminal justice s sim -- system. the people we're concerned about do hold public office ask yourself this question, how come the police chief in ferguson didn't know his officer was beaten up and wounded in a way you described? a friend called to the hospital to treat him. but the chief of police didn't know? how come? >> he may, or may not. >> i believed it when people put their hands on a bible and swear to tell the truth and nothing but, things change. >> that is when you get evidence. >> i agree with you. i agree, a vigorous investigation is what we need vigorous prosecution remains to be seen. reverend, good to see you. >> thank you. coming up, attorney general eric holder was in ferguson today we'll see what his investigation will entail, next. the world. like super 8, where every destination is super. for a chance to win one million dollars, visit wyndhamrewards.com you fifteen percent or more on huh, fiftcar insurance.uld save everybody knows that. well, did you know words really can hurt you? 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>> i was there. i saw who they hired there was an utter balance between different people. it's different now under obama, under holder. >> is there evidence they might mai have fought against police misconduct that they have a bias against police? >> absolutely, lessen to a judge in new orleans that issued a 129-page opinion in a case brought by the same lawyers that is now in ferguson. he found they engaged in conduct that was not just fudging facts, this was the lawyers blogging at the web site during the trial. this was lawyers denying to the federal judge that they were doing this behavior. it's worse, this was the lawyers who were in charge of protecting the constitutional rights of the accused police officers, were leaking secret grand jury information on blogs. it's outrageous the worst part is that they still work at the justice department. these lawyers were never reprimanded by holder. >> that case is unbelievable n that case, they're saying doj be involved in ferguson. >> that case was unbelievable. in that case they say the doj lawyers were unanimously blogging and trying to gin up support for their side and then deny to the judge they did it. how are these people even still holding their law license, never mind working at the doj? >> this is what happens in this justice department. if you're part of the ideological team, the people that think the police are out to oppressor everybody, you get a pass, you don't suffer consequences for illegal conduct. these lawyers like carla dabinsky, she's one of the lawyers in the department criminal section who was engaged in this misconduct. she still works there at the doj criminal section, no consequences under holder because they believe in the cause. >> that's the question -- people are worried about the county prosecutor whether he can fairly take a look at this case, can the doj? can this doj take a fair look at it? that needs to be asked as well. nice to see you. >> we will be back live with an update on the streets of ferguson. would you consider a 4-star hotel that's up to 60% off, you just can't know the name? just no name? until you book. um... yeah, i'd do that! get up to 60% off hotels on hotwire ♪ this is how it feels to hotwire. ♪ female narrator: it's posturepedic versus beautyrest it's posturepedic versus beautyrest with up to $400 off. serta icomfort and tempur-pedic go head-to-head with three years' interest-free financing. mattress price wars are on now at sleep train. ♪ your ticket to a better night's sleep ♪ back now live to ferguson the past few nights it has gotten somewhat ugly at this time. tonight, it appears to be a different story. mike with the latest. mike. >> reporter: yeah, i don't think i can tell you there's great excitement tonight. people marching around, expressing themselves, police are watching it and been using the local clergy to mediate if there's any trouble and there really doesn't seem to have been much in the way of trouble that boiled up this evening. the numbers are drifting off. i think people are getting tired as they're walking around and one by one going to bed. we had trouble about this time last night. as we're watching now, looks like it's all just kind of draining off. >> is it the same deal, mike, walking around in circles, not really going anywhere? >> reporter: that's pretty much it. the police officers have the area contained. one small section, i'd give it about a mile section, less than a mile section of the road here. >> did they comment at all how long this is going to go on, how many nights they're going be doing this? >> reporter: as far as the police, what they say, they'll do it as long as it takes. the marchers say they'll be out here until they see some change. >> all right. that could take a while. mike, thank you. >> reporter: yeah. you got it. >> thanks for watching this special coverage here at midnight. we want you to tune in tomorrow night at 9:00, if you can. if not, set your dvr. not only will we have all the latest on this breaking news in ferguson, we also have a very interesting exclusive interview that will air at 9:00 p.m. eastern tomorrow night with former presidential candidate mitt romney and his former vice-presidential candidate, paul ryan together for the first time since -- well, you know what happened to them. so watch the interview. mitt romney made some news this week saying he believes president obama is even worse than he expected. i think that's how he put it. i'll ask him what he means by that and we'll get into it. set your dvr. if you missed it, go to facebook to follow me. see you tomorrow. yes you do. but it's good for you, too. 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