. good evening at this hour the deadly standoff continues. has within four days since people in the mall in kenya were interrupted by violence nothing short of a nightmare.

conflicting reports of who is in control of the west gate shopping mall in nairobi and how many hostages remain alive inside. kenyan officials said all the hostages have been released but according to the red cross 65 people are unaccounted for. some victims were miscounts. the tales of the story are extremely fluid with each day and every hour new details are surfacing. tonight we have a clearer picture of how the attack unfolded over the weekend. saturday afternoon shots and explosions are heard inside the west gate shopping mall in kenya. >> west gate mall is being held under siege. shoppers are held by gunmen and unconfirmed reports say that several people have been shot. >> eyewitnesss say an unknown number of gunmen burst into the mall firing shots at the ceiling

and tossing grenades. eyewitnesss say the gunmen tell all muslims in the building to leave asking for the name of the mohamed's prophet's mother before they exit. >> at least 18 gunmen believes to be within the west gate having taken control of the mall. right now police, as we understand have been able to gain access. we do understand the death toll now stands at least at four people. >> the gunmen moved store to store shooting people randomly. hundreds attempt to flee or hide in stairwells. many escape however they can. kenyan authorities storm the mall in pursuit of the gunmen who sequestered themselves inside the complex with an

unknown number of hostages. the standoff has begun. hallways and corridors turn into battlegrounds with shoppers in the midst of it. this woman tried to run after she heard shooting but hid for four terrifying hours before she escaped. >> we stood up and started to turn. then we heard machine guns and then we started to run and there was a second explosion which knocked us on the ground. >> as the kenyan military takes more control the survivors begin to trickle out. >> everything is fine. you're fine. >> by late saturday afternoon, the terrorist group al shabaab comes forward taking responsibility for the attack in a series of tweets, indicating one or more of the gunmen may be american. sunday and the siege continues. the kenyon government announces 59 are dead and 175 wounds. among them a 26-year-old

american who spoke by phone from the hospital. >> i'm okay. i'm grateful to be alive. >> the gunmen are still inside the mall still holding hostages. by monday, day three, the kenyan government says that the government forces have taken co- control of most of the building. >> we are very certain that there are very, very little hostages in the building. >> later in the day, heavy gunfire, 62 confirmed dead and the fourth day of the standoff has begun. the "washington post" is reporting that the kenyan foreign minister is saying that two or three of the attackers are americans. nima, it is good to see you. there have been conflicting reports if the situation is

fully contained now. what is the latest? what are you hearing? >> reporter: we have been hearing for a few hours, you're right, almost all of the hostages have been freed. and when we initially heard this the kenyan government was saying this is the end game. this is the final assault. and that final assault has gone on for quite some time now. but those of us watching this unfold can appreciate why. this is a pain staking operation. the government have made it clear they have no intention of being taken alive and the sources say they are hiding behind the hostages and using the hostages as human shields. if you can imagine trying to disarm the gunmen and rescue the remaining hostages it can only have been extraordinarily difficult and it is taking a long time. >> there is still more than 60 people unaccounted for.

do you know anything about, you know -- is there any update on that? we got an update on that a short time ago. >> reporter: the last few eyewitnesss that have been able to come .out from the hostage takers room are describing horrific scenes. when you hear them talking about piled up bodies and not getting a sense of whether you are looking at a man or a woman, the firing seems to have been indiscriminant and they coast a day in which there was a children's cooking competition going on. and that only added to the utter panic. so a lot of people don't know yet if their relatives are amongst the remaining hostages or amongst the bodies inside or if they are in a mortuary not

accounted for. one guy we have seen every day. he comes right up to the cordon where as far as we are allowed to go. he just sits and he waits. he said his father is still inside and he has to come here. he has to believe that somehow his father is going to walk out through those cordons. >> we were together in mogadishu and somalia two years ago now right after al shabaab had been kicked out of mogadishu by african union peacekeeping forces there. but they have not gone away. can you talk more about their capabilities still? it's not just this attack which is ongoing they have launched attacks inside somalia. >> reporter: when we were there it was during the famine and al shabaab was refusing to allow

aide into the areas in their control. it was after that we saw the kenyans go in. they were pushed out of the capital and out of the urban centers. back in may when i was there, it really felt like we were in an amazing period of renewal and somalia might be coming to some sort of stability in the recent days and weeks they are receiving new injections of finance. you are getting a sense of the global terror networks. this is what we're hearing from the kenyan foreign minister. this is part of al qaeda and a broader global terror networks. they realize what they lost when they lost that territorial footprint in somalia. and this is part of their fight back. they are trying to show not only that al shabaab is still in the game that al shabaab is still capable of pulling off something of this complexity and

magnitude. but that al qaeda itself is still in the game here in africa, anderson. >> appreciate the reporting. thank you. the terrorist timed their attack on the shopping mall for maximum impact. they struck around noon on saturday when the mall was certain to be packed. an ordinary weekend afternoon shattered by bullets. an american was at a cafe in the mall with his toddler daughter and his wife was shopping on another floor. he joins me. you were with your daughter at a cafe in the mall. what happened? >> i was sitting with my daughter. my wife was doing some shopping upstairs. she had left us just a couple minutes before. and heard a loud explosion or blast followed by some gunshots and i happened to be very close to the door. i just reached over and grabbed

my daughter and ran out the front door of the cafe as fast as i could. >> did you have any idea where you were going? >> i had no idea actually what was -- if there was an exit over there or anything but i saw others heading in that direction. i got lucky and it happened to be a door to the outside there. >> where did you find to hide? >> so after i went outside through this door, i was in a -- a loading zone that serviced a couple of the restaurants and the supermarket the that area. all of a sudden a wave of people started running back away from the parking lot where i was standing. so i turned and ran back towards a loading dock at the back of the mall. ended up heading up a flight of stairs, was guided up there by employees who suggested that was a safe place to go and ended up

inside a storeroom. >> how many people were in the storeroom or ended up there hiding with you? >> 40 people or so. >> how big a room was it? >> quite large. it was a place where they stored just inventory. >> at this point, your wife is pregnant with your second child. she was -- she was not with you, use said. did you have any idea at that point where she was? . >> once i made it in there i called her. i found out that she was on the second floor initially and made her way up to a movie theater on the third floor uncertain what to do. we were both trying to contact our friend outside who might have information on what was happening. just letting him know where we were. and then finding out anything we could as far as where would be a safe place to go. >> she was hiding in the movie theater. how was your child doing all

this? did she have any idea what was going on? she is 2 years old? >> she is almost two. you know, it's kind of those first moments are a blur when i picked her up and started running. she was definitely shocked and there was fear and she was upset. but once we made it inside of that storeroom and settled down, and we were there for quite some time, she really sort of returned to her normal self. >> how long were you in that storeroom? >> i'd say about three hours in total. >> it must have been scary to not have a real sense of what is going on and where the terrorists are and if somebody could be right outside the door. >> i would say the scariest moment was when some people started to leave an four and a half into our time there. and i made it half way across the room and a wave of people came running back.

at that point, i had no idea if we had been discovered or someone knew where we were and was coming after us. that was the most terrifying moment of those three hours. >> do you know why they ran back? >> i would assume they heard gunshots outside and they thought maybe it was safe to leave and as they got out they heard there was still gunshots. >> after three hours the police found you? >> after three hours a bunch of plain clothed police came to the door, let everyone know it was safe. we opened the door from the inside and they led us down a safe exit out to the parking lot. those people were heroes and absolutely saved our lives and the lives of so many people in the mall and my wife as well. she never would have made it off of the roof of the mall if it weren't for two plain clothed

police that made it up to the roof and secured the way down for them. >> she was rescued before you were? >> yeah, she was rescued probably -- maybe an hour or so before i was. >> nick, i'm so glad you and your wife and daughter are okay. thank you so much for talking to me. >> yeah, absolutely. thank you very much. >> incredibly scary stuff. you can follow me on twitter @anderson cooper. a seasoned war reporter was nearby when the attack began. he ran into the mall and got some of the most dramatic and first images from inside during the attack. i'll talk about what he saw. graphic video coming up, the family of a florida man whose death was ruled an accident have released the dash cam video of him being run over. that's ahead.

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americans. the survivors saw things they will never forget. i just talked to one. now tyler hicks documented the happenings on saturday. he got inside the mall shortly after the attack began. we'll show you the pictures and videos they shot. the images are disturbing. tyler hicks joins me. he is used to war zones but never expected bloodshed like this in his local mall. you were right next door on a shopping errand when you noticed something was going on. explain what you first saw when you ran into the mall? >> the moment i got on to the street from where i was i could see a lot of people running on the street towards me, away from west gate mall. a minute later i arrived in the entrance parking lot and i could already see that there were

injured people coming out with clearly -- who had been shot in the leg, stomach, other parts of the body and people streaming out of the mall, completely terrified, fraptic, crying, people running with children. it was clear that something really serious was happening inside. from your photographs it looks like you were with a group of police officers or commandos. >> yes. yes. when i reached the upper parking lot area i could see the opposite end of the mall there were civilians running out and i saw that as a possible way to get in. i -- once through that door which is a service entrance, there was some police in there trying to get the people out. they were agreeable to having many and a few other photographers along with them as they were sweeping through,

looking for these -- whoever was shooting. they didn't know who they were yet. they didn't know what group was responsible for that. and also trying to -- desperately to get the civilians out as quickly as possible before more people were killed. >> you must have been concerned not only about the attackers and ieds and explosives devices they could have planted. >> yes. once i looked into the center area of the mall down and the lower floors and saw there were bodies around on the ground floor -- big pools of blood, people scattered around, it really -- it was clear that these guys were just indiscriminantly killing people. they were still in there. and that is something that you have to think about. in a big open-air mall like

that, there's really no cover. it's very little places to hide. they have the advantage. they are already in there. they can be in the aisles of the supermarket or the casino or the movie theater. there are hundreds if not thousands of places to hide and to wage an attack from. >> the fact it has taken so long to contain this situation, is it they are outmatched or just as you said, this is incredibly difficult situation. it's an incredibly huge area to get under control and you are up against people who are more than willing to die? >> yes, i mean, this is the problem. they don't know exactly how many people were in the mall. and they don't know how -- whether the people who were remaining and are remaining are being held by them or as hostages or if they are just

hiding. it's clear that a lot of people were killed. and so the question is -- you can't go rushing in there with people who are very willing to kill civilians and happy to die, themselves. >> your wife is a tv journalist and shot incredible video that i want to show. was there ever a point you thought this is too dangerous. you have covered wars in iraq and afghanistan. did you ever feel it was too unsafe and i should leave? >> not really. it was dangerous and there was shooting going on. and obviously there were people -- many, many people who were injured and killed there. it was one of those moments when i really felt like this was very important to cover. and worth to be there for as

long as i was taking as much care as i could. the problem was it became very clear within the first 10 or 15 minutes the people i was traveling around the mall with, you know, knew just as little as i did. that's the one thing that is unsettling when you realize they didn't know where they were either. >> thank you for taking the time to talk to me. >> thank you very much. >> amazing he happened to be so close. as you heard from tyler hicks the nairobi west gate shopping mall, it feels more like home to westerners. it was not chosen as a target at random. this "washington post" report that two or three americans are

among the attackers? does that surprise you to hear? al shabaab has had a number of americans working for them over the years. >> no, it doesn't surprise us. in fact there is a huge somali d daspora here. there are areas within which somali sympathizers. so it has been something that even here in britain people have been very, very concerned about. >> i believe the first suicide bombing by an american was by a somali-american who joined al shabaab a couple years ago in mug dee shoe. the u.s. law enforcement said they cannot confirm -- they don't have enough information to verify if the americans were involved. this is just coming from the

kenyan foreign minister. the shopping mall frequented by westerners. it reminded me of the mumbai terror attacks where a small number of gunmen cause a panic in an entire city by taking over a well-known landmark. >> exactly. and these are soft targets. you can put armed guards at the front entrance but it's not enough. once a team deploys in a shopping center it's virtually impossible to find out where they are. it has taken three days to clear that place. same goes for the united states, they are easy targets, high visibility. you can get the message across, the message they want to convey. it doesn't surprise me at all, frankly. >> i was in somalia and mogadishu two years ago.

and for some time now, it seems like they were on their heels in the southern part of the country. does this seem to you a resurgence of them or just a sign that they've always been out there just cooling their heels for a while? >> well, al shabaab have been on the lower rung of the hierarchy for al qaeda. recently we have to consider this incident in a long line of a chain of events where al qaeda are regrouping. i believe we have prematurely declare wed have defeated al qaeda. and of course we have got to understand that al qaeda achieved more thanity could have dreamed of under bin laden's leadership. and now with this attack in kenya, somalia's al shabaab have

demonstrated they are able to and capable despite being expelled from somalia, they are capable of mounting attacks along the classic al qaeda like was done in mumbai. >> and yet, bob, it's not a high-impact attack. it's not a technically sophisticated attack but it can have a large impact. >> absolutely. we have to look at the totality of what they are doing. they did the same thing in nigeria, mali. you have al qaeda there. libya is still a mess. on top of it you have syria. i agree. there is a resurgence we're seeing. i don't think anybody foresaw this. and the question is whether will they attack next and. >> you have been on the program a number of times. and your book "radical" is about

your transformation. you became an islamic extremist and now you have changed your mind and preach to others and convince others to leave extremism behind. can you understand why -- it's hard for many americans to understand why some somali americans would choose to leave their lives here and go back to somalia in a place they never remembered from when they were born to fight for this group? >> well, yes, the sad situation is that islamism and the violent strand of jihadism are the anti-establishment ideology for the day for people with an affinity to the middle east. picture it as a form of communism. those who want to pick up a flag and raise the mantle of a resistance ideology they express

themselves through islamism. it is glittering and attracts on its own a cord. young men find themselves leaving their countries of origin to pick up weapons and arms and train and join a war they have had nothing to do with. they find this brand that appealing. and the problem is that we don't have an alternative discourse on the grass roots to challenge this ideology. >> the new book "radical" comes out in october. i have read an advanced copy. it's fascinating. for more on the story go to cnn.com. will the president of iran immediate with president obama this week? [ male announcer ] for certain medical conditions where straining should be avoided, colace softens the stool

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for a store near you go to benjaminmoore.com/bayarea. . president obama is here in new york for the opening of the new session of the united nations general assembly. so is the new president of iran who wants to establish new avenues of dialogue with the west, possibly the united states. president obama addresses the general assembly tomorrow morning where he will talk about containing syria's stockpile of chemical weapons. is there a chance he will meet with the iranian president? what are the chances of the meeting? >> it's still possible but no commitment. i think you are starting to see expectations management from u.s. officials in case the meeting doesn't happen.

if there is no handshake or meeting on the sidelines they don't want the story that the effort had diplomacy has fizzled. it is confirmed that secretary kerry will meet with the iranian foreign minister as a meeting of the p 5 plus one as the first meeting between a u.s. secretary of state and iranian foreign minister since 2007. if we look back even a few weeks ago, things are dramatically more positive. but it's possible you don't have they chronic moment of the u.s. president shaking the iranian president's hand. >> it shows you what the state of relations is. the u.s., though, is clearly trying to keep the focus on syria this week. >> no question. and up until a week ago before all this excitement about the iranian meeting came up that was

a focus. it is for secretary kerry and his team. they want to come out of the general assembly enshrining the agreement on the u.s. and russia pact. a new disagreement on how syria's compliance would be defined. a lot of hurdles to overcome in getting to a resolution to back the geneva deal. a man running from police killed by the police car following him. the family is calling it an execution. the medical examiner says it was an accident. pictures of the little girl with her adoptive parents. she has been at the orient after custody battle that has gone on for more than half of her life. so ally bank really has no hidden fees on savings accounts?

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a florida family is demanding a federal investigation into the both of a loved one. he died last spring after being run over by a police car. the incident was caught on video by the car's dash board camera. his death was ruled an incident.

a grand jury refused to charge the police officer. i want to warn you the video is graphic and you may find it disturbing. >> reporter: you are watching the final moments of a man's life caught on police dash cam video. it's 12:30 a.m. on may 8th and marlon brown is running from police in deland, florida. a sheriff's deputy tried to stop brown for not wearing a seat belt. from there two others pick up pursuit. they spot brown down there at that intersection and tail him all the way here until he makes a left on south delaware avenue. it's a dead end. brown suddenly pulls his car over, jumps out and takes off running through a vacant lot. officer harris stays on him. >> he was chasing a man down

with a 4,000 pound car. >> my client is trying to do is drive towards the back of the lot where he can stop and exit his vehicle. he is not attempting to strike anyone. >> reporter: a warning what happens next is hard to watch. one final glance to the oncoming police car and brown disappears beneath it. it all happens so fast. brown is only on foot for about six seconds. >> i think he is underneath the [ bleep ] car. >> another officer looks under the car with a flashlight and they try to get the car off brown. by the time fire rescue crews arrive to lift the car, the 38-year-old father of two is dead. crystal brown is marlon's ex-wife. >> you don't see a swerve. you don't see -- you don't even

hear an oh, my god as you impact. >> reporter: the medical examiner says brown died from the weight of the car. the m.e. found no evidence he was struck by the vehicle, no skull fractures or pelvic fractures, ruling that brown slipped and fell and only then did the police car come to a stop on top of him. he ruled the death accidental. >> we see marlon sitting up directly in front of the car. >> he lost his footing and fell down. that is because of the wet turf in the loose dirt and that's the same thing that made it difficult to stop the car. >> do you believe your client tried to slow down? >> absolutely. >> the state attorney general announced that a grand jury decided not to indict the officer for vehicular manslaughter. crystal brown and her attorney

made the dash cam video public. they hope it will force an independent investigation. testimony from an expert on police practices was included as part of the evidence. that expert found that the officer was driving careless i given the wet grass and darkness and that the officer violated the policy of nonpursuit except after a forcible felony. the deland police chief fired harris the same day he watched the dash cam video. marlon brown was in and out of jail for drugs and fraud. he was just released the month before he died. friends said he fled because he was afraid of going back to jail. randi kaye, cnn, deland, florida. let's talk more about the case. ben, you believe this was an execution? >> i think when you look at the

velocity that he way at marlon brown with that night, that regardless of marlon fell down or not that car was headed straight at him. look at the video. >> you have no doubt that car hit marlon? >> no doubt whatsoever. that's why we found it unbelievable the medical examiner said there was no vehicle contact. you can look at the car with your own eyes. it is either inaccurate or an attempt to conceal something. >> you don't think that the officer did anything criminal? >> i think it was stupid and negligent. but does it rise to the level of being criminal? i don't think this is an issue where we have someone reckless to the extent of criminal liability. i don't think anyone can condone this officer's actions but does it rise to the level of

criminality? i think the grand juries used the information they have. >> does it make a difference in the officer hit mr. brown with the vehicle? >> no. it was an accident. this is a situation where it was an accident. i don't think anyone can get in that officer's head and say this there is evidence here where he clearly wanted to run him down and run him over. just based on what we see. now there may be something outside of this video that tells us otherwise. but based on what i see this is a tragic accident. people are hit every single day with cars. and that doesn't make it criminal. >> is it possible that the officer just -- the glass was slippery and he had a hard time stopping. >> vehicular manslaughter doesn't have to prove intent. all you have to do is show that the person was reckless and it caused somebody to die. he came around two police cars that were stopped.

he was reckless and intended on getting to marlon brown. you see it. you don't have to take anybody's word for it. >> why would you want to hit this person? >> you think about the mentality. they are chasing him for an alleged seat belt violation. they only do in the spring hill community where they chase someone -- >> you are saying that is an african-american community and that is why? >> absolutely. they don't pursue other communities like that. >> there are a lot of problems throughout the state of florida that different counties have pursuit -- different pursuit policies. there is no uniform policy across the state of florida. so he is correct. there is all types of -- this is a huge problem in our communities. >> ben, i understand that the county has paid the brown family more than $500,000. what is it now that you are looking for?

>> the civil settlement is irrelevant to the criminal matter. if we are looking at that medical examiner's report is inaccurate and there is evidence that the car did hit marlon brown and hold him accountable just as if any of us did that we would be charged. >> what about autopsy results on him? >> it was done by the medical examiner. >> you would like a separate autopsy? >> absolutely. we think there is other evidence that shows he was hit. >> you know what the biggest problem here is that this prosecutor did not seek out a special prosecutor to investigate this case. he investigated his own case and sent it to the grand jury. had they reached a statewide prosecutor's office and asked them to take over you might have

seen a different result. but that really cast a shadow over this prosecutor that leads people to question and rightfully so. >> his 12 and 13-year-old child saw this video and they believe it is erroneous that their father was not hit by the car. >> thank you. the 4-year-old girl at the center of a custody battle reunited with adoptive parents. will she go home with them soon? the former nfl player who said 300 teenagers held a party in their home. he asked them to come over and clean up the mess. we'll tell you how many showed up. [poof!]

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someone puts together an emmy speech we can all get behind. "the ridiculist" is coming up.

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a quick check of other headlines. >> the custody battle over a four-year-old girl is over. this comes to us now after the oklahoma state supreme court said that the adoptive parents should have custody. a spoke woman says they are all heading home to south carolina. we got new photos of veronica with her adoptive parents.

the couple says that the transition was not be traumatic and veronica had a chance to say good-bye to her biological father. tonight, a father who never gave up look with his son is reunited with him 13 years later. the boy's grandmother is accused of kid snapping her grandson in 2000. only four kids showed up to help brian holloway clean up his upstate new york home. about 300 kids broke into his home and wrecked it over labor day weekend. the man who bought the $400 million power ball ticket has claimed his prize and wants to remain anonymous. lotto officials said it was only the second time he played. we'll be right back.

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time for the ridiculist. the emmys were last night. at first we thought we'd talk about the snubs. then we remembered "breaking bad" and the colbert report won. beyond that, i really don't care. why else do people watch the emmys? i goes see what the stars are wearing. maybe a best dressed, worst

dressed list. to be completely honest, our staff, myself included, is ill equipped to make such judgments. we as a group could knock a most comfortable sneakers list out of the park or talk about how many times in a row one can wear the same sweatshirt without it falling apart. but evening wear, not so much. what does that leave? the acceptance speeches. typically precious affairs filled with the names of people you don't know, their agents. people coupled by feigned surprise until the music gets loud enough to put us out of our misery. then last night a woman named merritt wever stepped on stage after winning the supporting actress for her role in "nurse jackie" and she forever changed our minds about what an awards acceptance speech can be and should be. here's what she said in its entirety. >> thanks so much. thank you so much. i gotta go.

bye. >> there. consirks authentic. passionate. the gettysburg address. neil patrick harris summed up the only appropriate reaction. >> merritt wever, best speech ever. good luck, everyone else. >> so when merritt wever took questions from reporters backstage, she had a moment to gather her thoughts and remembered what she wanted to say. >> i wanted to thank a lot of people. oh, it's happening again. i wanted to thank everybody at showtime. i wanted to thank, most of all, edie falco. it's hard to do those. sorry. yeah. i'm scared. i'm scared because it was unexpected, so i don't know how to feel yet. i mean, i have therapy next week. >> i like someone who is not in touch with their emotions. didn't know how they feel until

a week later. her real speech was better, frankly. i also think we should all use the merritt wever method from now on. when someone gives you an award or gives you a casual compliment. remember it's a quick thank you followed immediately by, i gotta go. i challenge you to find a better approach. that's it for us. "piers morgan live" starts now. this is cnn breaking news. >> this is "piers morgan live." tonight, breaking news on the brutal terror attack in kenya. the foreign minister there tells pbs two or three americans among the attackers. and the stunning new video. women and children hiding dozens of shoppers cut down in the saturday afternoon in the mall. 62 people dead. more than 175 wounded. hundreds running for their lives. many remain unaccounted for. >> translator: he shot at