Shot during the course of this. We had at least two gunmen who were on the loose that the police were looking for. Through it all theres an updated list of the number of people who were arrested. 78 total were arrested. Most of them for failure to disperse. Interesting point in that, of those arrested, only four of them were from ferguson and that speaks volumes to the claim of Community Organizers that the trouble makers are people from outside of the community who have injected themselves here into ferguson. Gretchen . So youre there in the daylight right now. I think everyone watching understands that all of this stuff starts percolating once it gets dark. So explain the scenario for me today during the day. Reporter i can give you a look around. It looks like a fairly normal day. If you didnt know whats going on, you probably wouldnt notice. I can show you coming up the street right now are coming up the side of the street is a very small crew of protesters. The police mandate now that they keep marching. They can show up and march but they cant stop so theyre out here right now doing their thing. As night falls, numbers grow and as it gets dark things get more aggressive and that gives way to clashes, gretchen. Mike tobin on the scene for us in ferguson. Thank you. Attorney general eric holder heads to ferguson to meet with federal and local authorities. That will happen tomorrow. Joining me now, former Deputy Attorney general and partner now at morgan lewis. So, george, was Deputy Attorney general in charge of organizing and supervising the response to l. A. Riots in 1992. Good to see you again. You too. Good afternoon. Explain to us how you handled the situation with the rodney king riots and if that is at all similar to whats going on in ferguson right now. Well, the scale of violence in ferguson as bad as it is hasnt reached that which eventually occurred and fairly quickly occurred in los angeles. At the end of the day there were 53 People Killed and 2,000 injured as a result of the violence in l. A. Which spread outside of downtown l. A. Into surrounding areas of the city and the suburbs. But, nonetheless, this is a very dangerous and volatile situation. I think the attorney general going there is a very positive step forward. But it also carries risk because he has to walk a very fine line and strike a delicate balance between assuring people there will be a thorough investigation aided by federal authorities here and at the same time assuring all of the Law Enforcement officers in the country looking to see what the Justice Department does here that that investigation will be fair to everyone. I want to point out that the doj involvement is not unique. This has happened on several other circumstances. So its not a unique event for him to go there tomorrow. But there are people who dont think its a good idea. Why do you think its a good idea . I think its a way to demonstrate as part of a comprehensive effort by the federal government to help deescalate the violence there. Its a way to demonstrate to the people of this Community Two things. One, that this has the highest levels of attention of the federal government. And two, that there will be a fair and thorough investigation with federal authorities aiding it if not looking over the shoulder and indeed maybe even taking it over eventually. Because thats the fine line, is it not . The federal authorities coming in and sort of taking over the local and the state for that matter Government Agencies and i guess my question to you is what kind of authority does the attorney general actually have . What can he do . Well, the attorney general has the authority to enforce federal civil rights statutes which could be, not necessarily are, i remembmplicated by the c that occurred in this incident so theres jurisdiction for the fbi to investigate and other federal agencies to assist. For the most part, the federal government will at least initially provide a role of assistance to the state and local authorities. All right. Some people will see this on the other point of view that they dont want them to go because when they look at the history of attorney general eric holder, they see that hes often in the forefront of some of these race discussions. And they worry that maybe there wont be just speak on their behalf now, not mine, they worry that there might not be a fair and balanced approach and to that you would say what . I would say we need to give the attorney general and indeed the president the benefit of the doubt on this. Race is a tough issue in america even in 2014. And i think that there may be a Real Advantage to the fact that the president and eric are africanamericans who can bring the weight of their own experience to bear. At the same time, as you point out, the attorney general has to take pains to make clear the violence will not be tolerated or excused as the president said yesterday and that any federal involvement in the investigation will be to ensure that its fair and impartial. Former Deputy Attorney, thank you, sir. The situation in ferguson sparking debate about Police Officers armed with military grade weapons. So what about officers in our schools . Starting this fall, Campus Police in compton, california, will pack these. Ar15 semiautomatic rifles. Some parents and students are worried about firepower in the halls but others think its going to be a good idea. Compton is south of l. A. And joins other School Districts in the area where officers do carry the ar15. The police chief says the goal is to save lives and officers will receive extensive training. Stock in another kind of weapon on the uptick. Shares in Taser International have gone up more than 20 as protests continue in ferguson. Taser most known for guns that shock people but they also make those tiny video cameras worn by Law Enforcement. Cameras that could be used to Document Police brutality or clear officers who are wrongly accused of it. Fox news alert now because an update from the pentagon. Youre looking at a live picture there. This briefing comes as iraqi and Kurdish Forces declare a major step forward in iraq. Theyre gaining background controlled by the islamic Terrorists Group known as isis. So the news comes after days of targeted u. S. Air strikes in that country. Meantime, isis posting graphic videos online warning the u. S. They will take revenge against americans at any place. Jennifer griffin live for us at the pentagon. I understand they did address the ferguson situation off the top of the dod briefing. What did they say . Whats fascinating, this briefing was supposed to be it could be about all Defense Department related issues. We were expecting them to talk about iraq and the current number of air strikes over iraq and the progress made around the mosul dam and first questions off the block were about ferguson and about this military program to provide to local Police Departments excess military hardware and the admiral was very clear that secretary hagel had asked for more information about this program, which has been around since 1991. I think 4. 3 billion of excess military hardware has been sold to local Police Departments during that time. It was a program that was authorized by congress back when the drug wars were at its height and just last week you heard senator carl levin say that he thought that the program needed to be reviewed. You heard similar tone from the president yesterday. Admiral kirby said hagel had not asked for a formal review of the program. Thats not really the pentagons p purview. He was outlining some of that. Once he got to talking about the situation in iraq and we now have an update on whats going on in iraq. Basically after the iraqi and Kurdish Forces retook the dam, iraqi forces began moving toward the hometown of Saddam Hussein today to tikrit north of baghdad. Thats been in isis hands for weeks now. Late last night isis released a new video threatening america and americans in any place. The isis statement was issued in english and went onto say we will drown all of you in blood. This video came just hours after the state department designated the isis spokesperson to its terror list. The president said the u. S. Would be be surrogate iraqi air force. They carried out one air strike today around the mosul dam were told. So that iraqi forces are in the process of creating a buffer and safety zone there. The president added the u. S. Would continue to carry out air strikes in iraq to give the new government of baghdad a chance to unite against the isis threat and to protect u. S. Interests. If that dam was breached, it could have proven catastrophic with floods that would have threat ened the lives of thousands of civilians and endanger our Embassy Compound in baghdad. The president went onto warn the iraqis that the wolf is at the door that isis has its sights set on baghdad. The u. S. Has 850 armed military advisers on the ground in iraq right now we are hearing more from admiral john kerbconcer ke. Well bring you headlines when we hear them at the pentagon. Thank you. So heres a question for you. What would you do if you found yourself in this horrible situation . A father watches his two young sons die allegedly at the hands of a drunk driver. Now that texas man is accused of killing the alleged drunk driver in retaliation. So will a jury actually convict him . Well analyze the case raising a host of legal and moral issues next. And were just getting new video of a crash involving two military jets. What may have caused it and well tell you if anyone survived just a few moments away. Plus, you want free kfc for the rest of your life . Who doesnt, right . What two men did to get it. We got the bucket of the story when we come back. vo if you have type 2 diabetes, you may know what its like to deal with high. And low blood sugar. Januvia sitagliptin is a oncedaily pill that, along with diet and exercise, helps lower blood sugar. Januvia works when your blood sugar is high and works less when your blood sugar is low, because it works by enhancing your bodys own ability to lower blood sugar. Plus januvia, by itself, is not likely to cause weight gain or low blood sugar hypoglycemia . Januvia should not be used in patients with type 1 diabetes or diabetic ketoacidosis. Tell your doctor if you have a history of pancreatitis. Serious side effects can happen, including pancreatitis which may be severe and lead to death. Stop taking januvia and call your doctor right away if you have severe pain in your stomach area which may be pancreatitis. Tell your doctor right away and stop taking januvia if you have an allergic reaction that causes swelling of the face, lips, tongue, or throat, or affects your breathing or causes rash or hives. Kidney problems sometimes requiring dialysis have been reported. Using januvia and a sulfonylurea or insulin together may cause low blood sugar. To reduce the risk, your doctor may prescribe a lower dose of the sulfonylurea or insulin. Your doctor may perform blood tests before and during treatment to check your kidneys. If you have kidney problems a lower dose may be prescribed. Side effects may include upper respiratory tract infection, stuffy or runny nose and sore throat, and headache. For help lowering your blood talk to your doctor about januvia today. Fox news alert. We told you about the two jets. We have reports that two Italian Air Force jets involved in a mid air collision in eastern italy. The planes were on a Training Mission when they went down in a wooded area. Pilots managed to eject before impact but the crash ignited a massive forest fire. Well keep an eye on this developing story. You can see the chopper there with the water. Now this story. Developments in the case of the texas dad accused of gunning down the drunk driver who struck and killed his two sons. His trial begins in just days. Its a case filled with complexities. First, the dad denies doing it. His defense team isnt saying who they think did. Then, no weapon was ever found. And no witnesses identified him as the shooter. Plus, hes got public sentiment on his side with many in his community saying they would have taken the law into their own hands in a similar situation. So how will all of this affect the jury . Joining me now, dan shore, former prosecutor and managing director at kroell. If i witnessed my two children allegedly killed by a drunk driver, maybe i would do the same thing. That cuts two ways. On one hand there is sympathy and that may help them with a jury or with a judge at sentencing but it also provides motive, a clear motive to kill and prosecution is using that motive to build their case that he committed murder. Youre a former prosecutor. Would this be a tough case for you . You have to bring the case as a prosecutor. Its a tragic, horrible situation. Your heart goes out to the father who lost his two children but at the same time you cant allow people to then kill the person they feel did something wrong. The Justice System has to arrest that person, prosecute them and that person is entitled to a jury before being convicted. You cant allow someone to just shoot somebody but its a horrible tragic case. So lets bring in details. This happened two years ago in texas. Apparently the accident happens. Then allegedly this father goes back to his house, gets a gun, and comes back and shoots the drunk driver, but they never find a weapon. And he says he didnt own a gun. Right. The prosecution theory of the case is he went home and got a weapon. They found ammunition in his home consistent with the bullet used to kill this driver. We see eyewitnesses who saw this defendant go up to the car. No one can identify him as actually shooting this person. Of course he is someone who has clear motive and shooting occurs just minutes after his two children are hit by this drunk driver so its a strong circumstantial case but the defense says hes not the shooter. If youre the defense and youre the attorney representing him, can you use as your case lets have sympathy on this man and just tell the truth or does that not work . Sympathy can work but you have to be careful how you word it. A jury can do jury nullification based on sympathy they acquit someone. An attorney cant ask no that. Find him not guilty because you sympathize with him. Sometimes juries wile do that on his own and there was a grand jury in texas that failed to indict a man that beat up and killed a man who molested his daughter presumably because they felt sympathy for him because he caught this man molesting his 5yearold daughter. In this case, the defense may go for sympathy but they are arguing he didnt commit shooting at all. They may try both things at the same time. Very interesting case. Sad case as well. Thank you. We have Great Police Work to tell you about today on the real story. Its about how one town narrowly avoids a huge tragedy. How police in this town bust up a mass shooting plot at a high school. Well have breaking details from a News Conference held just moments ago. And how the heck did this suv jump the curb, seriously injuring folks and creating a big mess . Well bring that you story. Plus, a new app. Its giving celebs a chance to respond to mean social media posts. I wanted to find out how do some of my friends at fox deal with negative comments. Anyone thats mean to me is dead to me. Thats my first plan. But ill tell you how i respond to tweets. Time for our question of the day. Whats the meanest Facebook Post or tweet you ever received . Well try to read your comments at the end of the show. You do a lot of things great. But parallel parking isnt one of them. Youre either too far from the curb. Or too close to other cars. Its just a matter of time until you rip some guys bumper off. So, here are your choices take the bus. Or get Liberty Mutual insurance. For drivers with accident forgiveness, Liberty Mutual wont raise your rates due to your first accident. See Car Insurance in a whole new light. Call Liberty Mutual insurance. Welcome back. Frightening scene in l. A. To show you now. This suv slamming into a packed pizzeria. Half of the vehicle inside the restaurant. Police say seven people were hurt including baby and a 5yearold boy who suffered serious head trauma. No word on the cause of the crash or the identity of the driver but police are investigating. Police in California Holding a News Conference just moments ago shedding new light on the arrest of two boys at South Pasadena high school and their alleged plot to gun down three Staff Members there and as many students as they could. We go live to l. A. William, how close were they to pulling this off . Reporter actually pretty close, gretchen. The police stress this was not a hoax. Teens were serious. The threat credible and the chief said the suspects were willing to die for their plan. The suspects are 16 and 17 years old. And likely they worked alone. Three teachers and at least two students were named on the kill list. The two planned to kill as many students as possible said the chief allegedly using assault rifles, handguns and explosives including bombs constructed propane tanks. They planned to buy body armor as well. The investigation began when someone tipped off the school which called police. They put the two under surveillance. After four days of monitoring their internet use, cops got a warrant and raided their home and took their computers and interviewed suspects who confirmed what the cops already knew. This was at the very beginning of their plot to create this massacre. They are steadfast in the conversation during their chatte