tv America Tonight Al Jazeera November 26, 2014 12:00am-1:01am EST
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on "america tonight", our special coverage of ferguson, and the way forward. a community shaken by the grand jury's decision, and a grief. >> they are wrong. i know you are wrong. >> tonight - a closer look at what the grand jury heard and saw in weeks of testimony, and why it decided the way it d. >> no probable cause exists to file any charge against darren wilson in return to a no true indictments. >> that is not justice. it's not justice until you arrest him for murder.
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>> and why the fires ignited by this flashpoint spread to other cities from coast to coast, even to the gates of the white house. why so many americans are angry about the decision. >> black people everywhere - michael brown can happen in our city, and has, we just haven't heard about it. >> and why so many vow to fight on. good evening, thanks for joining us, i'm joie chen. we begin with the heat of the moment, and it is rising, even on this cold nights in ferguson, missouri, as the state of missouri hardens its line against protesters, seething over the decision not to indict darren wilson over the death of unarmed teenager michael brown. you are looking at pictures outside the police department where many gather, facing off against the state's national guard troops.
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the state tripled the number of national guard troops on the streets. protesters gathered in dozens of other cities across the country. the anger is growing. we learn more from the thousands of pages of evidence and testimony in the grand jury investigation. volumes that reveal contradictions and details about michael brown's vinyl moments. "america tonight" correspondent lori jane gliha, who was at the courthouse for the decision has been developing deep into what the grand jury considered. >> the 12 members of the grand jury started through hundreds of photographs like these. piecing together bits of evidence and a series of event leading to the deadly encounter between officer darren wilson, and 18-year-old michael brown. transcripts from his grand jury testimony claim darren wilson claims michael brown struck him in the head leaving these marks. he was scared a third bunch would kill him or knock him
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unconscious, and brown was poised far an attack, looking like a demon. after the attack brown away. but then turned back. he made like a: darren wilson told abc news what led up to the shooting. >> at that time i gave myself another mental trigger, can i shoot this guy. legally, can i. the question i answered myself was i have to. if i don't, he will kill me if he gets to me. from the first encounter to the fatal shot, the confrontation lasted less than two minutes. it took months for the story of those that witnessed what happened to unfold. michael brown's friend was with
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brown when he died and appeared on television the day of the shooting to explain what happened when officer wilson approached them. >> he pulled up on the side of us. he tried to brush the door open. we were so close it ricochetted off us and bounced to him. that got him a little upset. >> johnson testified in front of the grand jury,: that narrative that brown had his hands raised when he was shot dead produced the image and catch phrase of the movement that erupted in ferguson, and around the country. as we now know, it was one of the several conflicting testimonies to be considered by the grand jury, giving us insight into the last 10 seconds of michael brown's life. wilson's account that brown was coming at him differs from several others. one witness testified brown was not charging wilson, he was
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defense less, hands up:. some witnesses backed up wilson's version: in all, the jurors sorted through 70 hours of testimony from 60 witnesses and looked through hundreds of photos, with a tough task of separating fact fiction. >> and during his press conference the prosecutor made sure to emphasise the importance of the scientific physical evidence. saying eyewitness accounts must be challenged and the physical evidence is essential for verifying what happened. >> this is the first time we heard from officer darren
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wilson, he's been invisible through all the weeks of the grand jury. but talk to us a little about what he said. what did we learn about him? >> we learnt a lot of new things. one thing that was interesting was his size. he is 6 feet, 4 inches tall. we have seen one photograph. he looks small, but he's a similar size in height to michael brown. one thing we learnt about in that interview is why he pursued michael brown, why after the scuffle did he continue to follow michael brown. >> he said it was his job, his duty to figure out where the guy was going. he said he has a clear conscience, because he knows what he did was right according to his job. >> i know you looked at many of the pages. this is a voluminous account, all the evidence. personally? >> yes, hundreds of pages, thousands of pages. there's a lot of nuggets that we'll encounter. one of the most interesting
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things is the amount of weapons that he talked about, before he used his gun. he thought about using his mates. he thought about grabbing for mace, a long baton, he didn't think he could get it extend the. he thought about going to a flashlight as a weapon, but immediately moved to the gun, and talked about he doesn't carry a taser, there's a certain amount, he prefers not to carry one because it's cumbersome. interesting. >> striking. "america tonight"s lori jane gliha. we want to bring in debbie hines, a trial attorney in the city of baltimore. you have been before grand juries, you can tell us the circumstances that we are talking about, an unusual case, an unusual decision by the prosecutor to present all of the evidence. and people suggest that this is
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pretty much like a trial behind closed doors. >> exactly. and the grand jury is always behind closed doors, but what doesn't normally happen in the grand jury. we are not taking in every witness and throwing in everything, including the kitchen sink for the grand jurors to decide. we take a selective amount of witnesses in that we feel can make the case, evidence. >> it's not to determine guilt or innocence, but establish probable cause to go forward. >> absolutely. standard. >> what is the problem. the prosecutor, and lori jane gliha, you saw this much the prosecutor emphasised look, i have given all the evidence available to the grand jury, they had access to everything, and the prosecutor said he did not present any of this evidence himself, right. so what - what is the problem with that. in a sense a lot of people in
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the audience, not being legal experts will look and say wasn't that the right thing to do, give all the evidence. >> the problem is you confuse - you throw everything at them. you don't tell them the charges, you i make a decision. you decide. it's not how it's done. you don't spend months bringing in every person. the other thing that mentioned is when he said he brought in witnesses that he knew lied. some witnesses lied. you definitely wouldn't bring them in. >> you saw that two with the prosecutor explaining why he was doing it. >> one thing is we talk about how secret everything is. i wonder if we'll find out who the grand juries are. i wonder how secret was it. were they aware of what was going on.
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how much extra information does a grand jury have access to. >> the groory is not sequestered. but the process is for witnesses to come forward and there will not be fear of reprisals because everything they said will be out before the grand jury. one other thought i wanted to get in here is as this goes forward, it's not the end of questioning. there's a civil rights investigation under way. >> there is one. in all honesty, that's a higher mountain to climb. this should have been a little mole hole, something easy to get the indictment if it had been down the way most grand jury cases were conducted. the federal rights violations not holing out a lot of hope. >> we have our correspondent. a former prosecutor in baltimore. as we noted earlier, aiming to
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have a repeat. the state of missouri ramping up, dispatching 2200 guards men, tripling the number in ferguson. when the decision came down. they are hoping to avoid a repeat of the violence. they witnessed the chaos and the heart ache on the streets of [ chanting ] >> reporter: it's been 108 days since michael brown's death. three months of secret grand jury hearings. word has leaked out that the decision is in. >> what happens if he's not indicted tonight. as night falls a crowd gathers outside the ferguson police department. officer darren wilson's home base to hear the verdict. >> i'm tired of the incidents in
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the black community with black relations and cops. >> bo dean is a young teacher, activist and hip-hop artist. he lived across the street from died. >> darren wilson is guilty, i am sure he's going to get off, he'll be found innocent. we are tired of that. cops have been killing young innocent blacks. >> that's not justice. it's not going to be justice until you arrest for murder. the mood is tense, schools closed. the governor declared a state of emergency and brought in the national guard. a collection of groups called the don't shoot coalition asked the prosecutor for 24 hour notice before the verdict was made public to help keep the peace. that has not happened. >> bo dean says he's here to help keep the crowd calm. >> i want to cool here.
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i'm not going to attack cops. there's a lot of people out here. down. >> how do you do that. how do you calm people down when emotions are high? >> we talk to a man and let him answer. >> the crowd is dying down. trying to hear or learn something about the verdict. >> bo dean and his friends are feeds. >> an announcement is being made. >> something unexpected. >> michael brown's mother, lesley mcspadden. climbs up to join them on top of the car. >> it wrong. you know you are all wrong. you know you are all wrong. >> it ain't over. it ain't over. >> anybody i heard of think so, i don't give oo [ bleep ].
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they are wrong. >> reporter: the family had been notified in the afternoon and lesley mcspadden was here to share the news. there would be no indictment. as michael brown's step father comforted his wife. emotions got the [ chanting ] >> the brown family would later repudiate his outburst. we watched michael brown's mother give an reaction. >> the crowd getting tense. as you see. the police put up the riot gear, and everyone is starting to push towards the gate. >> you have to go. >> you got to go. >> this is people's [ bleep ]. these are real people's lives. [ chanting ]
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>> reporter: the police started to try to disperse the crowd. >> announcer: you need to stop throwing objects at the plus. you are unlawfully assembled. do it now. you need to get out of the street immediately or you will be subject to arrest. do it now. [ chants ] >> they tried to tip over a cop car. the police moved towards it, shooting tear gas, that is going on now. >> reporter: behind me there's about 12 men on their knees with their hands up on the ground trying to keep the police from coming closer. looks like the police are about ready to fire more tear gas. >> i was hit with one.
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>> a police car set on fire, and what sound like live ammunition seems to be exploding in flames. as police disperse the crowds. violence breaks out in another part of town. by was ground zero for violent clashes in the summer. buildings we walked by hours earlier were now on fire. it's the worst night of rioting since the michael brown shooting. 25 structures burn to the ground. 80 arrests, and businesses damaged and looted. before the night is over we catch up with bo and his friends. they have taken shelter in a church, a safe place organised by security groups. how do you feel the night has gone so far? >> horrible.
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i feel the same way i felt before we got a verdict. i knew it wouldn't be a verdict. you are never going to charge in america a police officer with killing a black man. >> christopher putzel joining us from ferguson. this is a different night. that was video from last night. looking around you. i see a crowd you. >> yes, there's about 100 people that gathered behind me. tonight is calmer than yesterday. so far 50 minutes ago there were the first two arrests of the night. a couple of people tried to push towards the police line, and they cleared the street and got a little rowdy. overall it's been peaceful, and everyone is hoping it will stay that way. >> the presence of so many more national guard's men, more than triple the numbers on duty last night. does that seem to have calmed
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those who might be protesting more vo siferrously? >> well i think it's going to make it more difficult to do a lot. people do seem a lot calmer. they - there's a sense of sadness instead of anger that i'm feeling, that you talk to people. everyone is down. not only are they disappointed about the verdict, but they watched their community burn, and that is really hitting home for a lot of people who live here. everyone is out in the streets, still showing that they are incredibly angry and wanting to protest. there's not the same rage as you felt last night. >> "america tonight"s christopher putzel in ferguson. >> when we return - support from a tragic fraternity. the death of his son put ron davis in a unique position to help michael brown's dad under the system. >> i think it's incredibly insensitive of the law enforcement in ferguson to not
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>> sharks don't eat people... >> tech know, every saturday go where science meets humanity. >> this is some of the best driving i've every done, even though i can't see. >> tech know. >> we're here in the vortex. only on al jazeera america. >> we are keeping watch on what is happening in ferguson. another night of tension and concern triple the number of national guard forces on the streets of ferguson, as is the case when the grand jury decision comes down. we'll see if that helps us keep the piece. to help us understand about the community around ferguson, and how tensions reach this point. back in august, i reached out to a native of north county who lead the way for us, into the heart of ferguson. [ chants ] >> this is basically every night.
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when it gets dark the police are more aggressive, and the people are a little more aggressive too. >> we found it on west florissant on what was a peaceful demonstration, seeing dancing and chants. signs of protest, but a sense that ferguson, and all of this area known as north country, might be ready to turn a corner and look forward. still, it doesn't take much to trigger anxiety. [ sirens ] >> it's intimidating to the people when you have helicopter, tanks, police officers, hundreds of them. you have the mall parking lot full of police officers. this is basically an occupation. >> this man understands the community, north country is his home.
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he's a native, an observer, a columnist, a cab driver and a man who believes this week of clashes and anger has not changed the relation sh that law enforce. has with the people. >> the heavy-handed tactics increase, making the situation worse. no doubt about it. fire. >> a fire sparked decades ago. this part of st louis county, outside the city of st louis was also home to missouri's all-black city, kim lock, settled before the turn of the last century. it was truly separated from ferguson, and the rest of north streets. >> development around the international air fort forced residents out. and today, much of kinlook is literally barren, a wasteland, a dumping ground. all but abandoned.
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>> and the community that was here - now shoved into neighbouring ferguson, and other towns in north country. >> in 1980, 14% of ferguson was african american. it was a white majority until 1990. in a recent consensus, the black population reached 63% - made up of families like michael brown, and the young people that have taken to the streets night after night. those are the streets that we were driven through, telling me there's a link to what happened to north county and the life and death of michael brown. >> it connects with the anger on the street because you have a lot of displaced youth. they or the family came from ken lock. they are just - a lot of these families are transient, moving from one apartment complex from canfield green to another,
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constantly moving, no sense of place or direction. the areas where michael brown was killed is a major recipient of old kinlock residents. >> michael brown had a future. >> that is true. he had a future. but he had to put it within the cultural context that mike had a future. but a lot of these youths you see out in the streets don't have a future. they don't feel connected to society, or connected to anything else. and they don't feel they have anything to live for. they don't feel they have anything to lose. >> against all that, a police department that is nearly all white in ferguson, and law enforcement in the surrounding county, equipped with military-grade gear. it is all enough to ignite the powder keg. >> anti-i.e.d. vehicles, tanks, aircraft, flying in the air -
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guys dressing like viel ans from batman. it was so absurd, people dressing like they were ready to fight the taliban. i mean, it was a bizarre situation. like it doesn't mesh with reality. i had never seen that stuff in the hands of law enforcement. i mean, i realise it existed, but i have never seen it, that that was a tool for policing. >> a suburban community. >> and despite assurances that it's a new day for relations between law enforcement and the community, there's signs the message has not been received down to the patrol car level, as we sought to focus a welcome sign on one of kin-lock's abandoned street far from the demonstrators, two officers initiated an immediate and aggressive command that our cameraman get off a roadway. >> don't resist,
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i'll bust your areas, your head. >> are you filming it? >> film it. i'll confiscate the film for evidence. i'm asking you to leave. up. >> this remains the way many in north county expect to be treated by the police here. harassed, even when doing nothing il. when any encounter is likely to end as it did with michael brown, badly. >> it's not just michael brown, it's life, times, bad dealings with police, seeing your family dealt with by the police in that manner. it's so many things. it's not just michael brown. >> my report from august, a look at ferguson's long and often difficult history. when we return - the prosecutor said the witnesses testimony lead the grand jury to its
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decision. "america tonight"s sheila macvicar in a moment on why relying on the eyewitness accounts is full of risk later, another death, another son, but a shared pain and the support his father gave mike brown's dad. >> in my case the state attorney let you know that she was fighting for our family, that she was fighting for jordan davis. in this situation in ferguson, the state attorney, robert mcculloch, he was never ever fighting for that family. >> we're following stories of people who died in the desert. >> the borderland marathon. >> no one's prepared for this journey. >> experience al jazeera america's critically acclaimed original series from the beginning. >> experiencing it has changed me completely. >> follow the journey as six americans face the immigration debate up close and personal. >> it's heartbreaking. >> i'm the enemy. >> i'm really pissed off. >> all of these people shouldn't be dead.
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lent of the shooting. >> many witnesses to the shooting of michael brown made statements inconsistent with other statements they meet and conflicting with physical evidence. some were refuted by the physical evidence. >> how could so many who claimed to have seen the shooting report different views of what happened. were they lying or did they believe what they said even when evidence. >> i heard you describe problematic witness statement. do any arise to the level of you going after perjury charges. >> no, there's a number of witnesses that believe what they said. >> "america tonight" senior correspondent sheila macvicar joins us. explain why there's a disconnect between what people report and the evidence that people show. >> we know the oath that people take when they go into a courtroom. you can have a situation where an eyewitness to an event can believe that they are talking
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and telling the court what they truly saw, and they may not have any other memory, no other recollection. memory is not like a video recorder. it can be influenced by all kinds of different things. the unfortunate part here is that a strong eyewitness can sometimes make the biggest trial. even though there's a lot of evidence suggesting that an eyewitness testimony could be problematic. the innocent organization locked at many wrongful convictions and found in 75% of the cases witnesses relied on faulty eyewitness to gaol it was exonerated by dna. >> can you give examples. >> a rape victim spending the entire time committing to memory the details of her asilant. when police showed her a picture she said yes, that's him.
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the man was convicted, sentenced to life in prison, 11 years later he was exonerated by d.n.a. and another convicted. second case, kirk bloodsworth. five witnesses testified that they saw him in association with a young girl who was sexually assaulted and later murdered. he was sentenced to a long time in prison, again d.n.a. evidence completely exonerated him. there's all these problems, and memory. >> why don't we see what we think we have seen? >> if you think about being a witness to a violent crime, the stress of being witness of what you are seeing - that can alter your perceptions. personal by as, ability to see, is it dark, is it raining. all those things can have an influence on what you remember seeing.
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and there's issues of what is around you. you have a conversation with someone. someone says "no, it was a blue shirt", and all of those things, you can easily muddle in your mind. >> i'm struck by this young woman you were referring to, a rape victim, and who deliveredly tried to -- deliberately tried to remember everything she can remember of her aail sant -- assail able to. what do we know about how the mind works. >> something can go wrong. you can perceive something and it's not really quite what happened. there's scientific studies that examined this, over 2,000, over 20 years looked at the issue of memory, and memory with relation to court cases. the national academy of sciences came out and said because there are problems with memory, and that that is becoming increasingly recognised the value
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given to eyewitness testimony should be devalued. >> we have seen over and over that juries have a tendency to believe the witness. >> it's very human. you hear someone saying something on their oath, that this is what i saw. and that is a very human rehabilitation to think about the credibility of that person, and thing about the strength of their story, and so it's often the physical evidence that jurors tend to not pay as much attention to that can be telling in some cases. >> "america tonight"s sheila macvicar finding out a little about how our mind work. there are echos of ferguson in other communities across america, and outrage in a place in a string of highly publicised shootings. you may remember the murder of 17-year-old jordan davis in florida. michael dunn shot into a car jordan and his friend were sitting in, upset
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about loud music. one jury acquitted him. a second sentenced him to life. mr davis, i know you are coming through a difficult week yourself, this is the anniversary of your son's pass of course, and i know you share the depreef of the brown family that you have been connected to and frustration. the browns did not see the case come to trial. >> i understand. you know, 23 november was the second anniversary of my son jordan davis's death and emotions were running high. with this decision it was a worse time for me and my family. they didn't get a chance to go to trial to tell their story and have the public see what happened to their child. it's incredibly insensitive of the law enforcement in ferguson to not afford them to go to trial, and have the story told. >> did you have communication
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with the family. i know you have been close to michael brown's father as well. did you have communication, did they have a sense of what is coming down? >> yes. all last week me and mike brown were texting each other. i told him, you know, i said prepare for the worst. it's unfortunate, but because, number one, when governor nixon, when he asked for the national guard to come four or five days ahead of time, he knows what the grand jury is going to come out with. you wouldn't do that unless you knew what the grand jury was coming out with. in my case, the state attorney let's you know she was fighting for our family, she was fighting for jordan davis. in this situation in ferguson, the state attorney, robert mcculloch, he was never ever fighting for their family. his father was a policeman. he was fighting for the police department. and that is very unfortunate for their family, for the family of the michael brown.
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>> one of the things robert mcculloch referred to in his long statement yesterday was about the witness testimony, inconsistencies and contradictions coming up in witness testimony. i wonder about that and the brown family. we heard this report from sheila macvicar about what you can rely on in witness testimony. i know the one witness that was credible is the one man with michael brown junior. he was credibility. he said everything that we needed to hear. that was not good enough. so they are trying to discredit a young man that was there. >> i'm struck by when michael dunn, the man that shot and killed your son was sentenced. something the judge said affidavits, said to you "our justice system works - it may not be perfect, as nothing it is, it is the greatest and most fair system in the world." looking at the case of your son, the case of trayvon martin's
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killing, and the case of michael brown, do you feel you can look at young men in america and say that justice will be done? >> no, i can't. i cannot do that. the reason why - as judge healy said, it's not the system, it's the people that operate within the system. i went to ferguson myself, i spoke to michael brown personally in ferguson, the second week after it happened, you know, i know what was going on in ferguson. the prosecutor had not sent a victim's advocate to his house to comfort the family. they did that when jordan was killed. i had a victim's advocate hold my hand the whole way for two years. they did not do that in ferguson. from the start, it's not the system, it's the people that work within the system. work. >>ism that's correct. >> ron davis, his son jordan davis. we appreciate you joining us thoughts. >> the justice system will be
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toasted in ohio, where the grand jury will vet the killing of a -- investigate the killing of a 12-year-old. a face off began in a playground with a toy group. here is sara hoy. >> reporter: this is the scene of yet another police shooting. the victim a 12-year-old boy killed outside a rec centre in cleveland. >> reporter: the guy was tamir rife, his rifle. >> in this instance, it's inrequestable from a -- ingbable from a firearm. guns are not toys. parents need to be aware of that. police say officers mistook the gun for a real gun.
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saturday's shooting came as the nation awaited the grand jury decision on whether the charge the officer who fatally shot missouri. >> whether there was ferguson there or not doesn't matter to me. what marts to me is -- matters to me is that it happened in cleveland, and to a child. so ferguson being out there, not being out there. it really doesn't matter to me. >> tamir rice's death follows highly controversial shootings involving officers killing civilians, holding what turns out to be replica guns. in september, police shot 14-year-old cameron tillman in louisiana. according to police. tillman was carrying what looked like a 45 calibre handgun. the family says the gun was on the table. while the exact circumstances are under investigation, all sides agree the gun was, in fact, a bb gun. back in
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august, police shot john crawford, out buying ingredients. acting on information from a 911 caller... >> i'm thinking that he's going to rob the place or he's there to shoot someone else. >> it looks serious as far as he didn't really want to be looked at and when people looked at people. >> beaver creek police officer stormed the wal-mart and shot and killed a 22-year-old. >> when police rushed crawford, he was walking through the aisles carrying an air rifle, and was on the phone talking to his mother. >> i heard him
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struggling to breathe. that gargling noise with blood or whatever. i heard him crying. i heard the police officers >> reporter: last year 13-year-old was shot and killed by a police officer who mistubing his pellet gun for a real rifle. the incident sparked protests over the return of the deputy back to duty, igniting action. this fall, california governor jerry brown signed a law for bb and other fake guns to be marked with fluorescent colours. it's not clear whether those regulations would have saved tamir rice in cleveland. >> when officers arrived they told the 12-year-old to raise his hand. >> the officers ordered him to
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show his hands and to drop the weapon, and the young man pulled the weapon out and that's when the officer fired. >> rice was shot in the torso, hospital. >> there's no telling that a cleveland police officer wants to go out and shoot a kid. feels. >> for the grieving rice family living across the street from the rec centre, they have more questions and are planning to conduct their own investigation. >> in our next segment, as ferguson smoulders, an attempt to find a way forward. a few from ferguson, and those that hope >> a conflict that started 100 year ago, some say, never ended... revealing... untold stories of the valor... >> they opened fire on the english officers... >> sacrifice...
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way in this hour, under way in new york, chicago, oat land and ferguson, missouri, a determination to keep attention on michael brown's death in a side street in what is otherwise an unremarkable suburb and to the judicial system that to many americans left justice denied. this is rage. the anger, frustration that poured into the streets, giving voice to a community that found itself voiceless in the search for justice. >> in the streets of ferguson, after the grand jury's decision, it was certainly unexpected, perhaps unavoidable rehabilitation. more surprising though how quickly and how far away the fury spread. >> into the street. into the street. >> not just street hoodlums taking advantage of the moment, but raw pent-up emotion.
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>> it taught me that the black men can get shut down like dogs. it's unbelievable. >> sending thousands, not just into the streets butt out to take them over. >> bystanders who came across the city may find the emotion hard to understand. how did this crisis become more than just ferguson's problem, and why? to a young mother like erica tottam who brought her little ones to a protest blocks from obvious. >> black people are everywhere. michael brown can happen in the city. and has. we just haven't heard about it. black people are being killed by the police etch, killed by institutions of the state everywhere. and so it can happen here. we are all black people, one bullet away from being a hashtag
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and being a national story. >> reporter: it is a suddenly unleashed fear. free. >> it matters to me, because everywhere i go i'm black and i have to face what society thinks of me. i have to deal with police violence and the way society treats me and assumes i'm a criminal. >> it's another time of protest of civil rights promises and let downs. there's little hope that this difference. >> it always has been bullets, when it becomes black and white. it's always bullets. it's two different crimes, it's not the same crime. white people got their crime, crime. it's hard not to be bitter, hard not to doubt, hard to see reason to believe in a system
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that looks like it's failed to deliver justice again. >> if there's a way to see something good, it will come from making a difference, bringing about change for another generation. >> i have hope that one day i will be able to tell my children that the justice system works for them. i have hope because to not have hope is an untenable situation. i can't live in america and not hope that it gets better. >> a mission of hope even amid the anger. throughout the county dozens of protests sharing their pain for michael brown and for the community of ferguson, missouri. that is "america tonight". thank you for watching our special coverage "the road to ferguson", more of "america tonight" tomorrow. [ singing ] nippon
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