this is "cnn tonight." i'm don lemon. we are live tonight in ferguson, missouri. tensions rising here as we get closer to the grand jury decision on whether to indict officer darren wilson in michael brown's death. that decision expected some time in the next two weeks. st. louis county police have spent more than $120,000 stocking up on riot gear. in these cases in this street if they erupt. ferguson police chief thomas jackson says he won't step down despite months of criticism over the police department handling of the shooting and the protest. but what if officer darren wilson is not charged? will events here spent out of

control? what really happened the day michael brown was shot? we're here to ask those questions and tripe to gy to ges for you. i want to begin. breaking news a big law and order story. the capture of the pennsylvania trooper shooting suspect. joining me now to talk abut this and his capture. cnn justice department. what are your sources telling you about this capture? >> caller: don, eric frein walking back to his hiding spot inside this abandoned airport in northeastern pennsylvania when a team from the u.s. marshalls saw him. he apparently didn't see them. they were able to surprise him and brought him down. they arrested him. inside his hiding place, we are told they recovered a couple of weapons. a rifle, and ape pistol. but, the much feared shootout that, that law enforcement officers were expecting and fearing frankly, did not occur. he surrendered without incident.

and heap is now under arrest, the state police in pennsylvania is expected to bring him before a, a judge there and bring some charges against him. as you know, don, the source of a, of a manhunt for now 48 days. hundreds of law enforcement officers from the fbi, atf, from the state police have been hunting for hiss guthis guy. shot one state trooper. injured another one 48 days ago. now finally in custody. >> we are understanding there is going to be a press conference soon to give us information on the capture of eric frein. we will carry that live. what can you tell me abut this abandoned place where he was allegedly found. birchwood resort where officers had been searching? >> the birchwood poconos airport, abandoned airstrip. an area that had been searched before the, by the law

enforcement teams there that, that have been looking for him. hundred of officers looking for him. apparently they had some intelligence that they had been, there had been sightings nearby. they were going back doing some searches again. that's when they saw him jis afternoon. there were sightings, indication where's he had been hiding out. they found he turned on his cell phone to try to make a phone call. all off these things he managed to evade capture despite hundred looking for him for all 4 days. >> thank you. our justice reporteren washington. evan perez. stand by. thank you for that. want to bring in tom fuentes former assistant director of the fbi good evening, tom. what one digs wcondition was he. the picture. a beard. doesn't look like there was, does look like there was an injury to his nose. what was his condition? >> hi, don.

my understanding is that he was standing up. he was doing fine. he had been walking fine. and, when the marshalls came to arrest him they put him on the ground to be safe and make sure he would not get his hand on the guns that he had with them. i would look to add to what evan said, that in these kind of searches you have to keep going back and returning and returning. to places you previously cleared. because he would move around and know that and go back to a place like that. as winter is approaching, and the nights are colder, you know the authorities knew that he would probably be seeking some kind of a shelter. and not just trying to stayen a hole. and the marshalls' team, special ops team, are very skilled at tracking fugitive thousands. particularlien a wooded area. they did a great job in this case of taking him alive. >> and listen many people would be surprised he is known as a survivalist. he had military training. and all of those thing that we have heard so much about eric

frein over six or seven week. it was a surprise that he did not put up a fight or appears he not put up a fight. does that surprise you? >> in a way. he is kind of look a warrior wannabe. when you see the pictures in video clip, documentary, in a military uniform. wearing his top gun sunglasses at the pocket. and trying to act cool. and at the end of the day, he is really a coward. that's fine to do these reason enactments with toy guns or with guns firing blanks should say. but at the end of the day he assassinates that police officer and wound the second officer from a distance with a scoped rifle. where they had no chance. a cowardly attack. my guess is while he was running around the woods there were probably times heap cou could s officers searching him and was afraid to gett ein a firearms

challenge, at the end of the day he is a coward. >> i would imagine that this pr press conference will be held at the barracks, that's where he is, where he shot two officers last month. how important is that for state police? >> it is extremely important to bring him back and show that, you know, that they have achieved justice in this case. and apprehending him. he hasn't had the opportunity or taken the opportunity to hurt anybody or kill anybody else after the first night's shooting. and i think after all of the tension, in that area, with those state police and, at times, there has been as many as 1,000 officers and federal agents looking for him. from many agencies. to have the resolution he is in custody and will not be out again. >> thank you very much. stand by. >> tom fuentes, evan perez. tom, stand by as well as the we waet for the press conference.

meanwhile want to get to the layest llay e latest law and order story. three months after michael brown was shot to death by darren wilson sending protesters into the streets. our sarah sidner has more on the latest right now. >> reporter: if ever there was a sign that racial tensions are simmering to a boil in missouri, this its it. an uncensored expletive filled racially charged front paige of the missouri state university newspaper where the n word and f word are spelled out. the editor-in-chief explained to us why he did not censor the word hurleded at students protesting for ferguson. >> i wanted people to say, lack at this. i wanted people to look at those word and then look below where it says these things were said to protesters on missouri state campus by students and another attendees of the tailgate. i wanted them to read that article. i wanted them to see what black students and students of other races have to go through on missouri state campus every single day.

>> reporter: back in ferguson the memorial for unarmed black teenager michael brown remains in the middle of the street where he was shot and killed by darren wilson. resident david witt says the shooting simply opened the flood gaf gates of anger that had been building in the city for years between the majority black community and almost all white police department. after the shooting, witt and dozens of residents decided to arm themselves with cameras. they say police have responded. >> what are they doing differently? >> they were respecting the residents to a degree. >> because you think because they're also, know they're on camera? >> they know they're on camera now. so they're not interacting with the community. but they are coming in. >> at night the biggest change is outside the police department. where protesters, are now part of the scenery. the ferguson police now wearing cameras too. saying, they and their families

have become targets of violence. at a city council meeting, one protester said she had been harassed by police. and warned mayor james knolls his private information had been leaked on the internet by a group supporting the protesters. >> did you see where nay released your credit card information today on the internet. >> thank you. >> your's welcome. >> the scars of unrest remain. the salon owner, says, businesses on this street are hurting along with the community. >> we were doing okay but barely making it. now that this has occurred, it is so slow it is like -- a dead zone. pretty much. for business. for the community as well. >> she understands the frustrations but has the boarded up her salon worried about unrest. and yet, some residents are trying to rebuild. a group calling itself, one ferguson is stepping up to find solutions from within. >> the thing that i have seen is

our community grow and to come together. >> the first step admitting there is something that need to change, right. really holding ourselves accountable as residents. >> so the community is preparing. some say tension is building here on the streets of ferguson. although it doesn't appear to be. if you walk down the streets tonight in ferguson. where weep we were back in augu. seems to be a pretty normal city. any city in america. didn't see any protestersment nothing out of the ordinary. as we move on. i will say the police chief, thomas jackson is insisting tonight he won't step douvent i want-up to listen to what he told our very own jason carroll today. >> this is my job. this happened on my watch. and i intend to see it through. i think i am very capable of doing that. >> joining me now is chief john belmer of saint louis county police and captain ron johnson of the missouri state highway patrol. thank you for joining us.

we heard so much about protesters being on the streets. still unrest. we saw some of it, but it doesn't appear to be -- you know as advertised am i right or wrong here? >> i think you are right. i think we have noticinged the last couple weeks that, that the police have been able to build a little bit of rapport with the protesters. we talk about expectations. they talk about their goals. and in some ways, it's turned into, a tail gate. we actually talked, shake hand. go back across the street. and typically a peaceful night. >> deweyo you agree? better? >> i agree. there have been meetings to make our community belter. that's playing a big rolen this also. >> i have to ask you now that we have that out of the way. hearing so much about ferguson police chief, jackson, stepping down, and the saint louis police department you would be taking over operations tell temporarily abut this department. what do you know about that? >> i heard that the other night.

reported. i wasn't aware at all that chief jackson would be stepping down. i talked to my staffrelayed tha. i called chief jackson. i am hearing these things. is this going to be happening? he said no i will be staying here. listen, i guarantee you that part of the responsibility of the st. louis county police department is to assure that the police in the county have police protection. these are things i con tell mratell contemplated. should something like that happen or have to take over for police services. we thought about that. at the moment it doesn't appear. it would appear, jchief jackson is staying. >> aren't you in touch with parts of the ferguson police dechlt that has been put into place, correct? >> not the police department. command and control here in the city of, of the detail we have for security. >> okay.

>> so, small police department. i think these guys are burdened. they're taxed. we came in and did that for them. >> you are not hearing it from here. chief jackson is saying he is not stepping down. and i made the point the other night. let it be known that the report that, at least we were receiving, our justice reporter, evan perez, it was coming from washington and being reported from washington. eric holder said change is needed. and if he says that and the chief does not step down, can you work with this? can people here have con fi dennis the department? confidence in the department? captain? >> if he is the chief. this city hold him as the the chief. we will work with the department as we always have. >> is it. we talked about consent decree a little bit. there have been a number of police departments taking own, overseen fed trael berally by t government, by the justice department. if that happens they can come in and change the -- the leader, the brass of a police

department. >> well that they can certainly mandate change. we have seen that around the country. typically our experience, and our history shows that is larger police departments. we certainly have not seen smaller police departments go through consent decree. sure there have been many that have not with the attention that has been shown on ferguson. i think it is unique. however, i will be honest with you. it is very difficult for the captain or i to speak about that. that is doj involved with that with the city of ferguson. >> let's say there is not an indictment. are you prepared if there is unrest, we hope there is not unrest, but are you prepared at this moment for what could potsabpot possibly happen? >> we plan for each day. it is unfair to put speculation on the character of the community and huh they will react. we dent do that. we have a great community. great character. i think these days recent months once we have got calm people are

able to see what the character is. so i expect that -- we'll see the best of our community. >> as the i said at the beginning of the broadcast. at least before i introduced the story. it doesn't appear what would, what people are writing, do you think that it is members of the community that is keeping this going -- who do you think the protesters are still here? who are the protesters here? >> the people of community are meeting, talking, and still expression first amendment rights. i think the intention that was there from the beginning, especially if you are, if you are going become to your home, you think it is still here. you are not here. and so i think the people that are here would have a different take on, the atmosphere here. >> uh-huh. have to ask you this. he talks about the character. we should be fair to project on to, to the character the people that we certainly hope. it know it violent. still they're spending $120,000 on equipment, riot gear, so on, so forth. is that necessary? you think at this point? >> frankly it was probably

necessary years ago. we never envisioned we would have something like this. really we are just trying, little catchup, honestly to be honest with you. we have, the responsibility, protect our police officer. i agree with the captain. nothing but good people here. we certainly expect the best. >> chief, captain. thank you very much. appreciate you joining us this evening. we have got a lot more to come live from the streets of ferguson, missouri. when we come of right back, eyewitnesses to the shooting of michael brown. what they say they really saw? what really happened? plus the big question everyone here is asking? what if the grand jury does not indict officer darren wilson. what will it take to keep ferguson from erupting all over again. the night is anything but good. introducing new aleve pm. the first one with a safe sleep aid. plus the 12 hour strength of aleve for pain relief that can last until the am. now you can have a good night and a... good morning!

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if you have been watching you know we have been reporting abut a lot of leaks in the investigation. multiple stories of what happened. and today the st. louis prosecuting attorney insisted that no evidence has been released by anyone on the grand jury. joining me now is dorian johnson with michael brown when shot. and he is also joining, joining him and us here is james williams, dorian's attorney. so, thank you very much, both of you for being here. what has it been like here in ferguson for you over the past, couple months? >> ferguson, i really, after the event, i kind of packed up my family. we are away from ferguson right now. but i do sometimes put the feet in to see what is going on in ferguson. >> all eyes were on you, because

you were the closest, the person closest to him, in proximity to what happened? >> right. right on the day. >> i was with him the whole day, morning to fatal shooting. >> we have been talking about the leaks and what happened with the grand jury, grand jury saying, what the autopsy shows. let's go through that. so your version is, again, then i will tell you, then we will talk what the other reports are. your version is you are walking middle of the street on that day and what? >> i believe i was telling everyone -- consist, everyone i was telling my story. consistent of the evidence and the stuff coming out now. i believe would be consistent with my story, the truth, what i have been saying the whole time. it has never changed. >> there was a fight in the car between, there was an altercation, we should say in the car between mike brown and the officer? >> correct. >> there was. okay. at any point did you see michael brown reach for the officer's gun?

>> absolutely not. >> how close were you to the officer, michael brown, the police car? >> me and michael brown were standing shoulder to shoulder right up on the police core. >> i think, it is important, dorian, describe if you can for mr. lemon, the circumstances, the size of window, size of michael brown, whether it is feasible that michael brown could have done the things some folks are saying. >> right. look i says. my story has been consistent. what i said is, mike brown is a real big fellow. the window size, for him, to be able to fit his body inside there is almost like he would have been stuck inside the window. >> so the reports that have come out according to the, darren wilson's testimony, again, someone else's reporting, not cnn's reporting, that there was an altercation. he tried to take the gun. thantd he w and that he was trying to grab the officer's gun. the shot want off inside the

car. that t that's why he has the close range gunshot wound to the hand. others have said he was trying to pull him into the car. he said he was trying to push michael brown out of the car. >> darren wilson's came out. i really didn't tune into what he said or anything else said by anybody else. my story has been the same way since i first told it. i'm sticking with my story. >> there are also other witness whose reportedly, in the same reports who said that you, you as soon as that happened you ran away. you were nowhere near the car when the altercation happened even when michael brown was shot that you were not near him. did you run away when it happened? >> absolutely not. i was there from like i said the first morning i saw him all the way to his last breath i stood there and watched until his animation stopped. >> i think dorian has been consi consistent that officer wilson

did shoot mr. brown at the car. >> also there has been some reporting again, as well, that his hands were not up. that they were maybe by his side. to your recollection, his hands were up? >> his hand were definitely up. i was with him the whole time. even when we started to run awe. i still had perfect eyesight on what was going on. i still could see mike brown running. and officer darren wilson following. i definitely saw his hand gip. >> dorian, thank you very much. appreciate you joining us. >> thank you, james. thank you for joining us on cnn. >> i want to bring in two witnesses of the shooting. they're going to come in now. and going to joan me. okay. thank you, guys. i haven't seen you in quite a while. you doing okay? pj, tell me what happened? when did you start to shoot the video? >> after everything happened. i saw everything. >> after everything happen i saw what happened. >> you heard my interview with dorian. about the accounts that have

come out in the newspaper saying that his hand were not up. there was an altercation in the car. you were telling me in the beginning that it looked like, that michael brown was trying to push his way out of the car. right? >> yes, i stand by everything that i said previously. >> didn't look like he was trying to get into the car and start a fight. if it looked look to you. >> from my point of view. >> how soon did you see? you heard the shot? awe tau >> i heard the tires screeching in the middle of the street. i started looking. >> did you hear the first shot. were you filming? >> i didn't film until it was after said and done. after the boy's bed wody was on street. >> did you see the altercation. hear the first shot. looking when the first shot happened in the car. >> yes. >> tiff sunawe tiffany? >> i saw the first shot. i gave the same statement. it's been consistent i've stand guy what i said 20 times. >> what do you make about the

accounts. witnesses saying there was a fight in the car. it appeared that michael brown was fighting with the officer, he was the one who was the aggressor in the car. and also darren wilson's alleged testimony to that as well. >> i have never seen any statements from the witnesses. i feel like, he made his statement after we maid ours. it went around what we were sag to make his look better than ours. i don't get it. i don't know. but i mean, i told my story whenever it, it happened. i saw exactly what i saw. i told everyone what i saw. >> tiffany, hand up or down? >> hand were up. definitely. >> surrendering? >> yes. >> what was the look on the officer's face after it happened? >> he had a blank stare. when i saw him. i was from behind him. i came and saw his face. just a blank face. i couldn't say like what his emotions was about it. he showed no remorse as his, as

to what happened to the kid. >> yeah. tiffany, p.j. could this be a justified shooting to you? >> no the i can't see it. >> why not? >> i can't see it being justified. if he is sur reneri ersurrender you have to kill him? >> if he is running away. why are you shooting at him sniff he is sur rerngrendering, are you shooting at him? >> so, why did you take the video after? after it happened? >> because when the boy got shot. i saw blood leaking. i thought get it on camera. somebody needs to see this. >> yeah, you two, do you, you live in the area, do you live in ferguson? >> i don't. >> do you still live here? >> yeah. >> what has it been like? >> honestly. my peers are divided. half of the people they want revenge, they want just ty.

they want everything completely how they want it. a lot of people don't think they should, especially not ferguson anymore. they have a distrust for the police. they don't care what they have to say. because they believe it is all lies any way. they are not giving him a chance. they want the protest to be pausfupaus f peaceful. >> are you concerned about unrest? when we get more information when it comes out. >> once there is an indictment or not. no telling what is going to happen after that. >> i just hope everyone protests peacefully. get the word out. lawfully and don't, don't like burn down stuff and all of the, the looting rioting. that's not going to make anything better at all. if you are going to riot. just, just do it peacefully. thoughtfully. >> i think everyone is with you. thank you very much. appreciate both of you. thank you for coming out on this chilly evening. attorney general eric holder has a message for anybody leaking information about this case. shut up. but, have the leaks damaged the investigation? up next we will get expert

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>> we are live here at ferguson, missouri. a community hat has been on edge since the shooting death of michael brown august 9th. tension building as people here wait for a grand jury to desigh whether, or not, to indiet officer darren wilson, a decision that could come within the next few week. i want to bring in now, kevin jackson. executive director of the blacksphere, liz brown,

columnist, and o'mara, criminal defense attorney. there have been so many different accounts of what happened. at least what we have heard. and the, the st. louis county, prosecutor saying, nothing has been leaked. he doesn't know where the information is coming from. so with everything that is out there, how is the grand jury going to sort this out if these, what they say has been reported is indeed true? >> i think the grand jury. you are under oath. little different than witnessed accounts. people just standing around saying, hey this happen. whatever happened. you have got a, people that have various agendas. and you don't know what they are. i'm not saying they're necessarily malicious. i'm saying you don't. that is not the place where you are going to necessarily get the truth. under penalty of perjury. potential to go to jail the i would hope the justice system, vets itself out. >> what do you mean people have different agendas. >> people have this idea, police are corrupt.

they are corrupt. all police are not corrupt. you have that fact. you have, dorian johnson, had a little skin in the game. i am not trying to impugn his testimony necessarily. i am saying you jauunderstand trying to slant it. not a combination of anybody. it is an idea that everybody looking at that has own personal experiences and personal prejudices or biases and the grand jury hope fally is under, you know, a different set of circumstances. >> including the officer as well. >> potentially, yes, we haven't really gotten that side of the story. >> i want to bring in, talk to o'mara now, attorney general, eric hoemd holder, angered by t grand jury leaks. eric hoelder said the liker needed to shut up. the prosecutor saying, to his knowledge. nothing has been leaked. what does this do to the investigation if anything? >> at the very least it allows for mistrust from the people who

have to believe that the system is working the ferguson population and community and the rest of us. because if it in fact, we are den great the grand jury by letting out information. everybody gets to say it is not being done properly, right. we can tend to ignore it. the greatest thing is, i am hoping. the grand jury is going to do their job regardless of their results. i just wanted to let them do it in an environment that maintains the trust we have to have for it. >> uh-huh. many people here ear saying it should be done, you know where they can see it. not through the secrecy of a grand jury. so, but i want to know from liz. liz, many, many, go ahead, mark. quickly. >> i was going to say the grand jury is intentionally secretive for a purpose. to make sure all information gets out to the people who have to hear it in a good, clear, concise way. what i like about this grand jury is the prosecutor has already said, if there is not an

indictment, or if there is an indictment, at the right time. as soon as possible all of the transscripts are going to come out. while it is secretive it will be transparent when they're done? >> liz, many people black people here in ferguson and around the country saying, they're demanding justice, demanding the truth. isn't it possible though that the officer in this case is telling the truth? >> well, it is possible. anything is possible. mike brown could have had a note saying i plan on shooting the police officer. the question is not whether it is possible. it is whether or know it its credible. and how do we get to credibility with what the police officer said. we get to credibility when we have a prosecuting attorney that is fair, impartial. i would look to speak to what the defense attorney said a few minutes ago. he made the comment that, that, bob mccullough said all this information is going to come out if we have, don't have an indictment. well that is not necessarily true. because, the fact of the matter its that it has never been, the

audio tapes of a grand jury hearing have, to have a judge decide whether or not that information is coming out wecht don't know that for a fact that that is exactly what is going to happen. and then second lely because th grand jury was secret. we don't know who testified. who didn't. he could selectively release, whichever testimony he wanted to release. >> mark, i hear you murraying that is not true. >> i agree. he has announced through national public that he is going to tree learelease transcripts. he can't release some and not others. the grand jury would not stand for that. i agree a judge has to agree. this is the case where the grand jury should do their work as every grand jury does, in secrecy and then it should be discussed afterward. and to suggest conspiracy as long the way. all that really does is conjure up greater purpose from mistrust in a system that we don't know the result of yet.

we should be doing less speculation but more trust. >> okay. i will let you. >> thank you. thank you very much. >> just a bit. everyone. i-to get to a break. emotions here running high. they are raw. as to what might happen if there is no indictment. we will get into that next. uh, hi. i'm here to drop off my resume. password? i'm sorry, i'm just here to what's the password. uh,synergy? datafication! gamification! university of phoenix has had alumni at every fortune 100 company... ...so we can help open the door to your future. go to phoenix.edu to get started today. e financial noise financial noise financial noise

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>> one question that is making a lot of people nervous here, what is going to happen if officer darren wilson is not indicted in michael brown's death. back with me now. liz, you wanted to respond to what mark says? >> yes, i think it is irresponsible to frame any criticism or any lack of trust in the prosecutor as conspiracy. because as an attorney that has practiced in this jurisdiction there are, this particular prosecuting attorney has done much to -- not have people to have trust in what he does. and what he says. and with respect to the release of the -- the transcripts. he cannot state that he is going to because it is not up to him. a judge has to determine whether or not those records will be released. >> once the process is done.

what you are saying. mark, you want to comment? can we move on? >> i don't know the prosecutor. i defer to some one who practiced in front of him. if he shouldn't have been there. let's see what he does. if he does a good job. we'll find out. we'll see the transcripts. >> i am concerned with all the leaks and the way this has been handled in the media than the courtroom where its say p is su to be. we'll get there. >> so the question we have been asking, what happens if there is not an indictment? will there be an indictment? is there going to be an indictment? >> absolutely not. i don't believe in any manner, shape or form. >> why not? >> because how this grand jury has been prosecuted. when you have a prosecutor that is stepping outside of the there mall process for example. allowing the grand jury, i am not going to suggest, not going to are gu to the grand jury what, what charges should be brought. i will leave it up to stepping .

>> what happens, some one from this area, when there is -- for frz. >> -- when there is no indictment. >> the community geauga is goin respond. the actions have been pro vac tich -- provocative. >> why are you shaking your head? >> we're at a point. it has been decided in the community. we have not heard the officer's side of the story. behind closed doors. we had a narrative set, about what happened. there are a lot of people that want to buy the narrative. look if calmer people need to say let's just understand it, not an indictment of michael brown. but we certainly shouldn't be indicting a police officer a lot of people think did his job. let's get to the evidence. now to her point, if there is all these other, conspiracy issues with bob mccullough, hopefully it vets itself out. i am amazed. i look at this community, made up of mainly blacks.

this is a norman rockwell communitien many respects. people would be shocked. they have an idea that, ferguson is dodge city or south side of chicago. this is an amazing community. we are tide of in this one case around this kid, tragedy though it may be. >> i agree with you this community has been painted with, a bad brush. because of what happened. but in many ways, it, it is accurate because we, obviously we saw it unfold live on national television. but norman rockwell, this norman rockwell community has $120,000 in riot gear that it is stockpiling. and since august, extra helmet shield, batons, shinguards, gas masks, pepper balls, all those things is that necessary? >> that's something that the police would have to answer. and you can also maybe look at it from the perspective. this is what the police, this is how this, the police see this particular community. i would make the argument this is a norman rockwell nightmare

community when you look at the way african-americans have been treated in the community with respect to stops, arrests all of that. i would disagree. >> i complete plea disagree with that, there are communities surrounding this one who are much more monolithic in terms of the race makeup. 95% black that are doing worse than ferguson. if we are going to be real abut this, we have to get the real narrative out there. not this their tichlt thnarrati. this is not the south side of chicago. >> record reflect otherwise. >> what will happen. hopefully clearer heads prevail. people start looking at the community saying, that's a black community that should be put up on a hill. if you come through here you get to know ferguson it is actually a very, very nice city to live in. i've think that this idea that it is going to be this, this whole, i don't know what is going to go up in flames. that is doing a disservice.

>> mark, i want to ask you, i think kevin brings up a good point. when you are here, people may be myopic, they live here, a little close to it. if you talk to paem across the country and pay attention across the country. many people think there is a rush to judgment. that a narrative has been created, as kevin said. and we have only heard mostly from one side. in all fairness, mostly one side is talking. darren wilson is not coming out publicly. neither are his friends or colleagues and the police department. >> well part of the problem is that, the this case, like, the zimmerman case before it has ripped open an old wound in the black community of how the young men are being treated in the criminal justice a legitimate . we know young black males are treated in the criminal justice system in a disproportionate way and include the way more young

blacks are shot by everybody including cops. that wound has been ripped open. i like the idea of having a discourse, conversation, how we are going to fix those problems. in the '50s and '60s and restrooms and water fountains it was easier to see. now it is more subtle the biases. we have to address them. my fear is that in this case if the facts just so happen not to fit the presumption, the wound ripped open, that we are now going to take it as some negative towards the civil rights movement or continuation. that's my fear. it may just turn out this was not an unjustified killing. we don't know. the grand jury should do their job i still trust them. >> thank you, guys. we will continue this conversation. liz, kevin, mark. o'mara. >> breaking news on the law and order story. capture of fugitive eric matthew frein after nearly seven weeks on the run. we will be right back.

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want to update you on the breaking news right now. we are awaiting a news conference on the capture of

eric matthew frein. suspect in the september 12th ambush shooting that left corporal ryan dixon dead, alex t. douglas wounded outside the pennsylvania police state barracks. frein taken into custody after seven week on the run. according to a federal law enforcement source. armed with a pistol and rifle. a law enforcement official told cnn knives were recovered from his hiding place. authorities are searching the area now for weapons. frein was caught at an airport in the poconos in pennsylvania. again, a news conference expected shortly we'll bring tight you live. even as police here in ferguson protest. what they consider excessive force. people protest, excessive force by police, the fact remains that every dade, officers themselves, every day, officers themselves they experience danger in routine situations pulling over a car. a situation that left two veteran officers dead in

california. we have more now. >> reporter: six hours of terror. >> on a one man crime spree. he has no idea the damage he did. >> reporter: the damage, two veteran officers dead. one injured. civilian shot in the jaw during a failed carjacking. behind the mayhem, according to authorities, a husband and wife. marcelo marques and janel monroe. two officers approach a suspicious car in sacramento. some one in the vehicle without warning fires on the policemen. >> at least one of the round struck deputy oliver in the forehead. >> what could they have done differently that could have saved their lives? >> really they can't do anything differently. look at time compression, we have couple second. millisecond between some one suddenly pulling a gun out from the window and shooting behind. >> reporter: a forensic criminologist and retired police officer. while police often face scrutiny for use of force, in ferguson

missouri, and across tcountry, e says a case like this highlights daily dangers officers face a cording to national law enforcement officers memorial fund, 1,500 officers in the u.s. were killed in the line of duty over the past ten years. >> you night have tinted windows. we have a limited amount of time to come up here. check any occupantoccupants, wh they, what are they doing, watching their hand. look in the rear view mirror. see the driver of the car. as we are getting closer, exposing ourselves to danger. >> reporter: after allegedly killing oliver, the couple flees. detective michael davis.f jr. encounters the suspects and he too approaches the vehicle from behind and is gunned down. 3-year-old monroy is a rested but marques escapes again. this time on foot. >> 25% of all police officers that are injured and killed in the line of duty are injured and killed during traffic stops or walk-ups like this. >> reporter: officer davis was shot to death 26 years to the day that his father died in the

line of duty. >> in engagements of officers between two and ten feet with suspects. even a normally traffic officer can only hit that suspect 12% to 14% of the time. okay, the suspect, 68% of the time. >> why? >> the suspect doesn't have to worry about laws, doesn't have to worry about department policy. >> reporter: in the end, 34-year-old marques was cornered in an auburn, california home, arrested and suffering a gunshot wound to the hand. officials say his name is luisbracamontes, twice deported to mexico once for narcotics possession. authorities charged the two with murder. it is still unclear why they allegedly opened fired, and why two officers lost their lives. >> all right, stephanie. cnn tried to reach out to the accused for comment and has not yet received a response. and, we want to till you again we are awaiting a live news conference on the capture of

pennsylvania ambush suspect eric frein. we will bring that to you as it happen. it should happen very shortly. we'll be right back. really? alka-seltzer plus night rushes relief to eight symptoms of a full blown cold including your stuffy nose. (breath of relief) oh, what a relief it is. thanks. anytime. sweered lobster'sory! endless shrimp ends soon! the year's largest variety. like new spicy siriacha shrimp, or parmesan shrimp scampi. as much as you like, any way you like. but it won't last long, so hurry in today. and sea food differently.

this is cnn "breaking news." >> indeed, breaking news tonight. 11:00 p.m.

10:00 p.m. in ferguson, missouri. this is cnn tonight. live with breaking news here. awaiting a news conference on the capture of eric matthew frein, suspect in the ambush shooting at pennsylvania state police barracks in blooming grove, september 12th. that ambush left corporal bryon dickson dead and alex douglass wounded. frein was captured tonight. taken into custody without incident. armed with two guns. a pistol and rifle. law enforcement officials are telling cnn knives were recovered from frein's hiding place. a u.s. marshall service special operations team tracked frein to the abandoned airport in the process of clearing the area according to a law enforcement source with knowledge of this capture. i want to go to cnn's miguel marques.