protesters gathering as we speak, police bracing for more chaos. it's been ten days since michael brown was killed by police. it has gotten more and more violent. tomorrow out front, tracy martin, trayvon martin's father will be our guest to talk about the shooting and protesters. anderson cooper 360 begins now. good evening, everyone. it is 7:00 central time here in ferguson, missouri. night fall just about 51 minutes away. protesters once again tonight began making their way here just a short time ago. this time against the pleas of city officials who wanted people off the streets at sun down. there are people here on the streets demonstrating. there have been all day, though not as many as the day before. people hoping again but bracing for another night like last night that saw police rifles pointed at protesters. if last night were calm and another evening in the wake of mikechael brown's killing there

would be a lot to report. on the grand jury deciding whether to prosecute der ron wilson and funeral plans announced for michael brown. there is the police shooting under very different circumstances of an african american man a few miles from here today. this factoring into the unstable mix tonight. tonight, though, as city officials call for a night of quiet, the developments are set against that one single reality that a little less than two hours ago, things here once again got seriously, deeply out of hand. 24 hours ago, i should say. ed was right in the middle of it last night, take a look. >> reporter: the night started peacefully with no curfew in place. police and protesters both wary but under control until about 11:00 p.m. >> everybody come on, let's go this way, come on, everybody. >> move, move! get on the ground!

>> reporter: some protesters tried to keep the crowds calm, but the situation deteriorates. >> get up, y'all! don't [ bleep ] over here! don't throw another bottle. >> you're unlawfully assembled. >> police say bottles, rocks and molotov cocktails were thrown and a few gunshots are fired, as well. police respond with another show of force since the protests began nine nights ago. tear gas and stun grenades are fired into the crowds hitting both protesters and the news media. >> if you are not credential media, you need to disburse immediately. >> reporter: and then shortly before 1:00 a.m. everyone is ordered to leave the this stretch of road. at least 75 people were arrested. >> get on the ground! get on the ground! >> reporter: four officers were injured, two civilians shot but

not by police who say they did not fire a single shot during the night. >> get him out of the car! >> reporter: police say most of the protesters were peaceful and a hand full of militanting a day tors were to blame for the violence. some protesters agreed. >> get these men, captain! get these men out of here! >> protesters are peaceful and respectful. protesters don't clash with police. they don't throw molotov cocktails. criminals who throw molotov cocktails and fire shots endangers lives and property. >> reporter: after the protests ended, calls for calm earlier today from city leaders who asked residents to stay home at night and allow the situation to calm down. they also promised to raise money for dash and vest cameras for police. michael brown's parents today also made an appeal for answers saying only justice for their son will bring peace.

and with another night of possible protests ahead, peace may not come to ferguson just yet. >> reporter: you were really in the thick of things here in this area. we're just about three blocks from the spot michael brown was shot and killed. what was the catalyst last night? >> it was interesting. there was a group of three or four men with bull horns that were trying to keep the peace, trying to talk sense into some folks, and it was interesting and it just kind of happened that police on that police line, which is just back up to the street here, they were letting those guys kind of do that work, hoping that would temper the anger -- >> people with the community with bull horns trying to calm the community. >> that worked for about 45 minutes and a group came back into this intersection we're standing and that's where things got much more tense and this is where we saw tear gas and altercations last night. there was a group of swat police

that had come down in two armored vehicles down here. they were much more exposed compared to where they were up the street and this is where we saw the tension. i saw a group of about 15, 20 men, some of them trying to burn the restaurant down behind us. they had a line of fire barricade along the street and at that point we were told to clear out. you're hearing the shots fired. >> it's interesting. i was in the new boighborhood a hour or so ago. people were happy to see us and stuff. the police are saying it's a small group offing a d ing fini many of whom not from here. >> you're talking with various protesters and every few feet there seems to be one guy whose just much more intense and these guys were trying to go in there, talk sense into them, keep them calm say look, if you turn this thing violent, it makes

everybody out here look bad. some of these people -- it worked for about 45 minutes and eventually it fell apart. >> appreciate it. thanks, be careful tonight. >> another late development tonight, eric holder will be visiting here tomorrow, they dispatched a full and fair investigation and say they will be in stands with this community. they will be meeting with state and local leaders including ron johnson and drawing such a sharp distinction between the vast majority of peaceful protesters out here and aggitators. i spoke with him today. how do you think it went? >> it started off good. it changed as it got later and so we have to go back and look at the operational plan and make sure that we continue to allow people to have a peaceful protest. as i talked last night, we're asking the peaceful protesters to come out early and go home

before it gets dark. so we have an opportunity to address those individuals, those criminals have been on destruction and bringing harm to this community. >> how much in your opinion is this about people from outside this community coming in and as you say, agitating? >> i think a lot of it is. outside the community, let's know i'm not just talking about people outside of this state. there are people from other communities within this area coming in and providing a lot of this damage and behavior. >> there is obviously a lot of criticism, you know, video last night of a guy with what looked like a sniper vehicle on top of an armored personnel carrier. that's something you tried to changerly on. are you disappointed you had to bring that back? >> the problem we're having is these shooters putting themselves on top of buildings, behind low areas and so we have to be able to have a vantage

point to see that. >> you've actually had shooters on top of buildings? >> yes, we got calls of individuals on top of buildings. we've had air support going around so we're able to see those things. >> in terms of tonight, what are you anticipating? can you anticipate what is going to happen in the next day and how much do you change tactics day to day? >> i really can't tell you that but we look at the operational plan each and every day. >> as the days go by, what do you see and hear out there? are you most concerned about? >> i figure that i'm just concerned for our public safety, the safety of our public, the safety of the officers and we'll continue to strive forward to make that better but when i talk to citizens, we are getting a lot of support and a lot of citizens are saying you're doing the right thing. i would say a lot of the citizens are disagreeing with the media's portrayal of the swat tactics because yesterday, the swat members went and gone a

gunshot victim and gave that gunshot victim care in the back of the swat team. they risked their lives to go save a protester. not knowing if it's a protester or criminal element. they used that for that. we had a building fire. they used that to go do that. but they also used that, i heard over the radio several officers screaming and yelling for help because they were getting the fire department. they use that to save their own. >> captain johnson, appreciate your time. >> thank you. joining us now, st. louis alderman and spent custody last week. first of all, what are you anticipating tonight? >> i'm hoping for peace. we have a heavy police presence here and they really posted in those troubled areas early. so i'm hoping for a peaceful night. >> it seems like it's been quieter in this neighborhood today but again, it's hard to predict. >> well, it was quiet yesterday, too, but that didn't stop it

from getting rowdy last night on this street. >> i've been following you on twitter. you've been talking about outsiders who have come in and you've been out in the crowds kind of watching for them, looking for them. what are you seeing there? >> you know, this issue is really growing and people have come frall over the place. most for peaceful protest. we had people, students come from d.c., chicago, munks come here and they are here for peaceful protest but we had some people come here looking for a fight and one of the small groups we had to actually get away from the crowd and help the police get out yesterday was a couple guys from chicago who call themselves revolutionary columnis columnists. they thought the revolution would be here and wanted to be here. >> some have showed up in the trayvon martin case. >> and they try to insight a riot. >> so you basically sought them out? >> they had been here a few days before and last night at one moment they had gotten the crowd up in the faces of police within

20 feet and it was a bad confrontation. so we physically pushed them back and put them to the side for police to come get them. >> what do you make of the police tactics here? there is of justly a lot of criticism of the heavy show of force. what is your perspective? >> i think the present situation is a consequence of how the ferguson police department handled it in the first place. the ferguson police department when this started ten days ago escalated it, militarized it and set the tone. the state was right to come in and put captain johnson in charge but captain johnson is having to deal with a mess ferguson created. you got guys that took the approach and ready to fight when the police try to calm it down and that leads to the violence at night. >> do you see -- i mean, do you see it justified? the police say we don't know what we're facing. they say there were incoming shots last night. they shot a molotov cocktail

today, guns taken out of the crowd? >> i've seen guns. i have seen guns. i think the tactics have changed. they modified from day to day. >> seems like last night they were trying to isolate those people they viewed as troublemakers and kind of move in, take them out and arrest them. >> and that's the first time we seen that technique and that was good. better to do that than gas the whole crowd. that's a lot because of the involvement of st. louis city police department who are better and experienced at large crowds, so hopefully, we'll figure it out. >> to your point about the way that ferguson -- the ferguson police department handled this in the initial days, you contrast to that to what happen today when an american american man was killed by police, st. louis police released as much information as they possibly could immediately both to the media and to the crowd. that's something that we did not see from the ferguson police department. >> my message when i was out there at the crime scene tonight was that st. louis city is not

ferguson. okay? we handle things better in st. louis city. we have the police chief there on site. the police chief updated the media immediately and walked over to the crowd and they were angry. >> that would make a difference here in ferguson. >> huge difference. the tone was set how ferguson police interacted not just with the community but specifically with the mother and the family and the relationship and it's just really gotten us to where we are today. >> appreciate you being with us. we'll speak tonight with all sides on the issue of police and the brown family attorney and only on 360 tonight, perspective from spike lee. he joins us on the have ends unfolding here in ferguson. i make a lot of purchases for my business.

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fifteen minutes could save you fifteen percent or more. jesse? this is a makeshift memorial in the spot where michael brown was shot and killed. people left signs, auto buyography of martin luther king. many have come here throughout the last several days to pay respects. they won't to see it, add their moe m ma men t thoughts as well. a lot of people wrote personal messages to michael brown, messages of sadness and loss messages of grief. that's just about three blocks over there down the street. we're waiting tonight in ferguson to see how a number of factors will shape up this evening in the next how were or

so. one of them is once again the sheer number of new developments to be filtered through the sensibilities and raw emotions of stressed out people here on both sides of police lines. perhaps among them the third and presumably final autopsy by federal investigators is complete and michael brown's body will be laid to rest finally on monday by his family in a public memorial. sabrina fulton knows what that will be like. she's trayvon martin's mother and has been following the story. >> i think before we even think about the investigation, i think the first thing first, and i think that they need to have a proper and descent home going service for their son. it's going to be very hurtful. it's going to be very sorrowful and disappointing to know they are burying their 18-year-old son and he had a full life ahead of him. >> that's sybrina fulton. i want to show you live

pictures. as night falls and it starts to get, to be dark here, more and more protesters are starting to appear. i'm showing you live pictures of the largest group right now walking down there, about two blocks from the location i'm at right now. they are walking heading toward canfeld drive. joining us now is martin family and now brown family attorney benjamin crump. good to have you on the program. michael brown's mom said justice will bring peace to ferguson. what is justice in their eyes? >> i think justice to them is justice as it would be for any other parent, that is that the person who executed their child in broad daylight will be arrested and brought before a court of law to be, to have to answer for the evidence and the witnesses against him and that he's held accountable. that's what they want. make no mistake about it. these parents are not asking for

people to be violent. they have not asked for people to be irresponsible. what they want is justice for their son because he can't speak for himself anymore. they told me we are all he got. we got to fight for our child. >> we talked about the results of the independent autopsy, which you had performed yesterday. we know now the federal government's autopsy has been finished. do you know if you and the family will be given information from that autopsy or will that be with held from you until the entire federal investigation is over? >> anderson, i think that the federal autopsy may not be disclosed to us, but we have every expectation that the autopsy presented by the st. louis medical examiner should be given to us, as well as all the other parts of the police report. remember, this community is asking for answers, and they

want transparency. i think earlier, you reported there was a killing by a police, and they were very transparent. the police chief came and gave the report. by law they have to do certain things 48 hours after they shoot somebody. it's almost ten days and we haven't gotten anything from the ferguson police department. >> so let me understand, has the ferguson police department spoken to your clients at all to michael brown's parents s ex n explaining what happened? >> no. let me set the record straight, these parents, like so many others, were out there that saturday on canfeld drive where their child laid on the ground for -- over four hours. they were begging, asking for answers, asking for anything and the police held them back very, very coldly. didn't offer any explanation when they said they were the

parents. it didn't matter to them. they got treated with such distan, that started the mistrust there. they did talk to a family member. >> as you know, there are some concerns by people here i've talked to throughout the day about the prosecutor robert mccullen. he didn't bring charges against a police officer that left two dead before. do you have confidence in him as a prosecutor? >> we want to make sure the system works of individuals. i think the process of having to send this matter to a grand jury is problematic. as you and i both discussed previously, anderson, it's about transparency. this community has distrust for the local law enforcement officials. if you have a secret grand jury proceeding when nobody knows what the prosecutor presents and

based on, as you said, the track record and the history or some of the cases, and the grand jury come back and says we find it justified, him executing this kid in broad daylight, i think that will be very problematic for this community to itself. so as his family has asked for over and over again, they want the federal government to take over the entire process, anderson. >> benjamin crump, appreciate you being on. there is criticism on how the unrest is handled and officer wilson's deadly force and the police force 93% white in city nearly 7 3% african american. business manager for the police officer's association. first of all, what do you make of the fact of what you have seen out here in terms of the police response? i mean, when you talk to people in the community, they say they are outraged at the lack of

transparency early on by the ferguson police department and even by some of the tactics of police over the last several days, the militarization of the police force. >> i'm not going to second guess the technicians here watching the situation unfold moment by moment. those are the guys i trust to make the decision about what tactics to employ and frankly, they have tried a variety of different tactics with the same results. i think it's the crowd after dark that wants this to be a chaotic volatile situation and their response is not about what the police are doing. it's about their goals here. >> it seems last night they had a different tactic. they seemed to try to identify individuals in the crowd who they believe are causing problems, move in quickly, get them, and then continue to allow and that sealed emed to work fo awhile, at least. >> this is a fluid constantly changing situation and the police are trying to employ tactics that keep the crowd safe. their goal here, first of all,

is to go home at the end of their shift and see their wife and children. they are getting shot at every night, having bricks and bottles and molotov cocktails thrown at them. it's a real testament to the professionalism of the officers here that nobody has gotten seriously hurt and none of the officers, none of the neighbors in the neighborhood here. >> you have no concerns how they handled this? >> i'm not going to second guess it. >> what about the local fuergusn police department, there was a shooting miles from here. st. louis police released a tremendous amount of information not only to the media but people that gathered there really helping to diffuse the situation that could have become volatile. it was a very different response than we saw from the ferguson police department. >> very different shooting scene. they instantly had witnesses coming forward at the scene and seemed to know more information. i mean, it's not going to do justice, not going to serve

justice to rush to judgment here and to not allow the justice deputy and the investigators here to gather all the facts and find out what really happened out there that day. >> even, you know, early on it seemed like before reports of shots fired, we saw police snipers on armored personnel carriers looking through their scopes at protesters who by in large are not armed. >> well, so the police are here to keep the peace and to make sure that the shop owners can open businesses back up to make sure the parents in this community the can get the kids safely on the bus tomorrow morning. the police response has nothing to do with the activity of the crowd. we have to stop getting the mind set that somehow the police being here provokes that. >> you don't believe that the police -- >> ty the to imply that. >> you don't people grow resentful in seeing what they view as their community being taken over. >> i think there are generations

of resentment here and it's a long-term communication we have to have. the healing can't begin while we still pick at the skrcab. law enforcement is committed to engaging with the community and trying to figure out how this never happens again. >> i do appreciate you being with us. as always, you can find more on this story and at cnn.com. >> growing calls for the loeg l prosecutors to recause himself from the case, coming from some here in this neighborhood. he could begin to bring evidence to a grand jury tomorrow. details on that ahead. ♪

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as it gets later and later in the day, groups of protesters start to arrive from other areas. this group just arrived. the police want to make sure they keep moving. it used to be they could stand in one spot but when the police eliminated the curfew, they instituted a rule that protesters had to keep moving

and if they did stop in any one spot for too long, the police would give them a warning and would arrest them. >> well, that was several hours ago, as far as the police are concerned, the good news is a number of protesters here right now, probably less than it was last night. a grand jury could convene as early as tomorrow to review michael brown's shooting. that h that may take several weeks. joining me general counsel for the st. louis police officer's association. first of all, explain what the grand jury, how it works here. >> there are two ways any prosecutor can proceed. there could be a complaint filed in circuit court that alleges a crime was committed and who committed it. the other way to proceed is grand jury. it goes to a hearing. it's an open public hearing. >> that's a public thing. >> it's what we call a probable cause hearing.

the judge would simply determine whether a crime was probably committed and whether the charge person probably committed it or go to a grand jury. it's a secret proceeding. there are 16 people drawn from the community at large and information is presented by a prosecutor. so you don't have a defense lawyer in there. you don't have a judge in there. the prosecutor simply presents the information they have. >> will the officer actually testify? >> that's up to the officer. usually an accused will not be invited to testify but i expect in a case like this the invitation would be extended to him. >> the big question, whether or not the local prosecutor should recause himself, now critics say he favors police, they say his father was a police officer. what do you make of that? does that matter because a lot of prosecutors and judges have affiliations or past affiliations with law enforcement. >> right, it doesn't matter win whim. he's not going to recause himself. if he had a bias he could say

that was demon sterble. as you said, anderson, most judges today are former prosecutors. that's been the wave for the last 20 years. the interesting thing about a grand jury proceeding is that there is no complaint filed first. the grand jurors could vote to reject an indictment and we would never know why until the transcript is released presumably whereas if they filed a criminal complaint, charges would be filed, bail would be set and then they would go to the preliminary hearing, the probable cause hearing. so he's already, i think, kind of punted this over to the grand jury so that if they don't bring an indictment, he can say well, it's out of my hands, the members of the community said there is no crime here. >> areeva, benjamin crump is

concerned, the family attorney is concerned this is handled behind closed doors, done behind closed doors. does that concern you in a case where frankly transparency is an issue from the beginning? >> it does concern me. i agree with mark this prosecutor is not likely to recause himself, the only way to be removed if a judge determines there is a conflict of interest or does consent to removing himself, not likely to happen. i think there are bigger issues here. this prosecutor has a negative history with the african american community and it's knot just the attorney for the family that's asking him to recause himself. it's members of that community. congress member lacey clay, the state senator that represents that community, the african american bar in st. louis and many other community activists have said his relationships with the african american community are so negative that they doubt whether he can be impartial and

pursue justice in this grand jury. >> neal, you know this prosecutor. >> i do. this prosecutor has been elected four times by the people of this county. this prosecutor does what he does fairly and impartially. he ran on the platform of tough but fair and that's how he's been. i'm a criminal defense lawyer. i deal with people charged and do this every day. i'm starting a murder trial monday in st. louis county with his staff. he does it the right way. this idea he's tainted, there is no basis for that. >> are you concerned? there is a lot of pressure here on this prosecutor. are you concerned at all about that pressure? there are folks -- >> we elected. >> there has to be a conviction or at least charged. >> that's the problem is that people have this idea that justice in this means a final end that is going to be the conviction of this officer. justice is a process and mcculla understands that. there is nothing he's done in

the last four terms that would suggest in someway he's racially bias, he's not. >> can i comment on that, anderson? >> i was going to ask one question, in california the county authorities in los angeles go to the grand jury one or two percent of the time. is that the case there? do they go to the grand jury regularly or usually go by way of preliminary hearing or probable cause hearing? >> usually it's a preliminary hearing. grand juries are used in those special cases where generally speaking for some reason or another you need to keep information quiet. if i have a drug case with an undercover officer, things like that we use for grand juries, sex offenses where i don't want to put a victim on the line, that would be the sort of situation -- >> or a case like -- [ overlapping speakers ] >> i just want -- [ overlapping speakers ] >> there is -- one at a time, areeva go ahead. >> i want to respond to the comment there is nothing in the prosecutor's history that would

suggest he's bias. there was a police officer that shot into a vehicle with two african americans and killed them. there was allegations that the prosecutor was dishonest about what the detectives testified to during the grand jury. there was a federal investigation that followed and some concerns about the way he handled the grand jury. i take exception to the statement that there is nothing in this prosecutor's history that would suggest he might have some ability to be impartial. >> add to that and then we got to go. >> an allegation means nothing. those allegations, that case was looked at so closely by so many different parties. there was nothing that indicated he acted in an improper manner. he did it the right way. that's what his hallmark had been. i sat on the other side of the table from this guy. he does it without regard to race or creed. he does it because it's the right thing. >> we'll follow this closely. ma mark geragos, areeva martin. i'll talk to spike lee.

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welcome back. we're live in ferguson, night starting to fall. crowds are getting bigger, several hundred people much less than yesterday. tactical vehicles are moving through. there is two armored vehicles from st. louis county police, moving through. that's the first that we've seen of them today. they are probably going to go up and take position where some of the more active protests occurred last night, just about a block or two away from here. we're about two or three blocks away from where michael brown was shot and killed. the world is obviously watching to see what happens next and in ferguson and that's not really an exaggeration. the story is getting coverage overseas and made the front page of the german newspaper and made headlines, international and news crews on the ground covering protests. spike lee added his voice to the out cry over michael brown's death. he put up a memorial for the

teenager at the brooklyn headquarters. he posted this picture on instagram. spike joins me tonight for an "ac 360" exclusive. spike, i'm glad you're here. i know you've been watching coverage here and demonstrations. you saw it's obvious to you the ferguson police, state police and national guard don't have a handle on this, don't have a clue. explain what you mean. >> i think we'll go into the tenth night tonight that people in over they head and my wife and i, tonya, we'll be watching it on television last night, said you know what? retired lieutenant general russell is the person who can bring order. because i think that people are over their heads. they haven't had this type of experience and anderson, you know firsthand what he did with katrina in new orleans and the gulf. so i really think -- i called him up this morning and he says,

he told me this morning that everything they are doing is wrong, and he -- i said they called you, would you come? he said he would. we need him there, we need him there, we need him there. >> we'll talk to him in the next hour on this program, but what is it you think? i remember and you were down there, down in new orleans when he arrived. i mean, he was saying to the national guard, put your guns down. >> yes. >> take your helmets off, these are not your enemy. >> we don't need snipers on top of the tanks pointing at civilians. i understand that there is tear gas and more, but you need somebody who is going to cool things down and not escalate them and i think that retired general russell -- three-star general honorary is the person that needs to be in ferguson today the.

>> there is a banner outside your office, as we said, paying tribute to michael brown. a ton of information is yet to be released in this case and that's an issue from the ferguson police department. they haven't released much of anything. were you convinced he was doing nothing wrong or saying no matter what the situation, an unarmed person should never be shot six times by the police and killed? >> i do not think you should be killed in this country because allegedly you steal some cigarettes. i don't think you should be killed if there is marijuana in your system. the people, not only in ferguson, but all this country did not trust what is happening. something smells bad in ferguson. it's not just tear gas. for example, when they finally, the police finally say who this officer is, the same day they release this videotape. yesterday. when they know the autopsy is coming out, all of a sudden,

this mysterious woman josie, who knows who the heck she is, is she reading a script and all of a sudden everybody is taking her words, which really is third person's witness as gospel. how can that be? >> you call that orchestrated. >> how do you call a radio station and say this is what happened? how do you do that? >> do you believe that's orchestrated? >> yes. >> there is no coincidence on friday -- [ overlapping speakers ] >> anderson, there is a playbook, there is a playbook, and they are doing what they want to do. they are there to protect their own. i do not believe that's coincidence the that the day the autopsy comes out saying that michael brown got shot six times, twice in the head, all of a sudden, this lady calls into a radio station. and then they say well, well that's what the officer said. well, of course. she's reading from the same

script, i think. >> you know, there was a story that came out yesterday talking about how people's perceptions of what happened here and what is happening here and perceptions andically different among african americans and caucasian americans and we saw that time and time again with the trayvon martin killing and zimmerman trial. we saw that during the rodney king beating. does that still surprise you that there is still that divide in perception and how americans see the this in different ways, largely in many cases based on race? >> anderson, i wish it was true but it's not. many people thought that the moment that president obama put his hand on abraham lincoln's bible and took the oath, racism would disappear.

gone. for the post-racial era. that is not the case. if you look what happened in ferguson, it happened in la with the rodney king verdict and liberty city in miami and happened in detroit 67, happened in the assassination of dr. king and happened in the harlem riots. when people get to a point, to the tipping point they can't take it anymore and i'm not saying that people should burn down stuff, riot and loot and i don't want to the use the word riot. i'm going to use the word uprising. this is not the first time we've seen this. and i just hope that things will really blow up, the people aren't happy with the verdict of this upcoming trial. >> so what do you say to those largely white americans who see what is happening here and maybe don't understand what is happening here or disagree with what is happening here s?

many people said to me, this isn't just about michael brown. this is about generations of issues that have gone on in this community and continued to go on in this community. is that how you see it? >> i see it. it's about trayvon martin and michael davis and izil brown shot a couple days ago in st. louis a couple blocks away another african american man wasshwas shot and killed today. they said he had a knife. i think there is a war on the black male and it's tearing the country apart in my opinion. >> you really believe that? you believe there is a war on the black male because there are going to be a lot of people that hear that and say -- >> but -- >> they don't understand that. >> anderson, it's not just killing us, it's educational system, it's the prison system, it's the young black men growing up with no hope, so i think it's

systematic and we get blinded to think oh, because we have oprah, michael jordan, lebron, beyonce, we got jay-z, everything is okay. i'm not trying to give any disrespect to the great individuals i just named because many are my dear friends, but they are the exception. the black under class is growing every single day. >> i'm wondering your message to the folks who are out here tonight and who may becoming out here tonight in the next hour or two, what is your message? i mean, you've been watching the protests with your wife you were saying, what's your message to the folks out here? >> first of all, i'm not trying to be a speaks person for anybody. i hope everything is cool. like i said before, we need general honorary in there. he'll take care of this in my opinion and he's waiting by the phone for the call.

[ laughter ] >> all right. we'll talk to him in the next hour, spike lee, good to have you on. >> thank you. peace. >> we'll have more from ferguson here in just a moment. we'll be right back. (vo) ours is a world of passengers. the red-eyes. (daughter) i'm really tired. (vo) the transfers. well, that's kid number three. (vo) the co-pilots. all sitting... ...trusting... ...waiting... ...for a safe arrival. introducing the all-new subaru legacy. designed to help the driver in you... ...care for the passenger in them. the subaru legacy. it's not just a sedan. it's a subaru. ♪ ooooohh!!! ♪ what it is, what you want? yeah. ♪ live your life right ♪ make the beat the bump ♪ the undeniable! ♪ come into the party in a b-boy stance ♪ i rock on the mic ♪ and make the world wanna dance ♪ fly like a dove ♪ that come from up above ♪ i'm rocking on the mic

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with a bull ton. >> horrible news, a kidnapped american journalist was beheaded. james foley last seen in 2012 while covering the war in syria. in a video showing his murder, he reads a message presumably written by his captors saying the real killer is america. our thoughts are with james fol foley's family and friends tonight. the israeli military is blaming militants. they said 50 rocket haves been fired and israel launched at least 25 air strikes in response. in audition, the delegation has been ordered to leave peace talkeds in cairo. texas governor rick perry was booked on two felony charges today related to misuse of his office. he was indicted last week on the charges related to his allegedly with holding state money for a program run by a county prosecutor he wanted to resign. outside the courthouse today, perry said he'll quote fight this injustice with every fiber of my being. >> north of phoenix, two women and their two dogs were rescued

after flood waters trapped them. as many as four inches of rain fell in that area, anderson. >> wow, unbelievable images out of there. thanks very much. we'll report throughout the evening from here to see exactly what happens tonight. hopefully the calm will hold or again, if we'll see heavily armed police facing off with protesters. i'll be live at 11:00 and we'll be back for at hour at 9:00 eastern just after this short break. imself starts with back pain... and a choice. take 4 advil in a day or just 2 aleve for all day relief. honey, you did it! baby laughs!

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ah, the usual. moved some new cars. hauled a bunch of steel. kept the supermarket shelves stocked. made sure everyone got their latest gadgets. what's up for the next shift? ah, nothing much. just keeping the lights on. (laugh) nice. doing the big things that move an economy. see you tomorrow, mac. see you tomorrow, sam. just another day at norfolk southern.