nbc s gabe gutierrez is live in charleston for us. gabe, you had a chance to talk with the man who captured the shoot willingi shooting on his cell phone. what is his reaction to the mistrial? reporter: good. santana was that eyewitness that shot that cell phone video that resonated around the country. he was in the courtroom yesterday as the judge declared this a mistrial. i spoke with him last night. he said he was deeply disappointed by the decision, but here s the rest of what he had to say. officer slager when he testified said that he was in total fear for his life. do you believe that? i can t speak for him, but that s not what i saw. i saw a person that was in total control. saw a person that was walter scott was the only thing he tried to do was run, get away from that taser.
having gotten a deadlocked jury, a mistrial in this case. so, i mean, you know, she has got five more trials to go. i would not be sitting, feeling very good about this case if i you were mosby tonight. do you disagree with me? yes, i do. i think the prosecution is somewhat encouraged by the fact that there were evidently a substantial number of jurors felt that officer porter should have been convicted an one or more of the charges. we don t know the breakdown. and someone will start talking sooner or later. well, if you you have heard that information, obviously there has been a bust of a gag order because nobody is supposed to be talking, number one, so that s not a good sign. have you heard anything about whether prosecutor mosby has decided to retry the case or not? well, what i know is that the prosecution and the defense are going to meet with judge williams tomorrow in his chambers. and they are going to set a new trialeu÷ date, which means,
rowling s blake saying that the city is prepared for whatever happens, all of the leaders from community leaders to the mayor and police chief saying that they are asking for calm and to police respect the decision. and what also is interesting, greta, is i have spoken to some of the sources that we created back in april that are at that site in western baltimore. the intersection of north and penn where the cvs was torched. where violence erupted. one of which is a citizen that s been in and out of the courts this week. and he said it s less about the decision of a mistrial and more about how the police handle it. this person told me that quote: if they show up in riot gear, it s on. but, right now, it s mostly calm and mostly peaceful. greta? griff, thank you. this is a fox news alert. real fears that isis real plan is to infiltrate refugee camps. now he what that means. two terrorist suspects hiding out in a syrian refugee shelter in austria.
here to cover the freddie gray trial. leland, thank you. and right now the lawyer for the freddie gray family billy murphy joins us to go on the record. good evening, sir. hi, greta. how are you? i m very well. have you spoken to the prosecutor tonight? no, i haven t. what are your thoughts on the mistrial?wb mistrials happen in about 5% of the cases that are tried in the united states. it s not at all unusual for highly contested cases to result in mistrials. and in about 70 % of the time when a case is tried again, after a mistrial, there is conviction. and thatç all goes well for justice in this case. well, i don t know if i agree. in fact i don t agree with that because i don t think we try statistics. the fact that you say 70% i don t know if that s a true story or not. i would be very worried if i were the prosecutor tonight
mean a second jury won t agree. billy, i tried cases for 12 years down here in d.c. i have seen all sorts of juries. and when a prosecution gets a hung jury after the prosecution has stood up and said we can prove this case yard and then it falls apart and they walk out of the courtroom with a deadlocked jury and a mistrial, that is a loss forj and there is no nobody that claims that one is aq!h win for the prosecution. well, i don t think either side won or lost. i think that given that this case is going to be retried, it s going to be on a clean slate. there are going to be 12 different jurors. and you don t know any more than i to react to this case. bill, have you tried criminal cases. come on. billy, be honest about this one. billy, be honest about this. hey, greta, i m never going to accuse you of being dishonest and i don t think you ought to accuse me of being dishonest. the figures are pretty clear. i did some research before