president obama and more importantly, perhaps to the local community, michael brown's family to maintain peaceful protests. to be the change that they wanted to see. and yet, dozens arrested, rocks, bottles thrown at police and at bystanders, some of our own people getting hit in the field. police responded with pepper spray, smoke cannisters and a lot of tear gas. many asking if police could have been better prepared and that's a legitimate question considering they dealt with similar unrest in august. we're learning this morning exactly what darren wilson told the grand jury. with the release of his testimony. some of the details have rekindled anger in this community, where anger has been simmering since that fateful encounter on august 9th. take a look at what happened overnight. >> ferguson on fire after no indictment of officer darren wilson. as many as a dozen buildings

torched in the worst conflicts to date as outrage ran through the streets. local authorities thought they were prepared. that tear gas would not be needed. they were wrong. here come flash-bangs and cannisters coming up at us. we're getting gas right air. gas shot around reporters forcing the crowds to flee. further down the street, police firing more tear gas. directly into the crowd. officers trying to disburse the crowd, but there would be no control. >> i didn't see a lot of peaceful protests out there tonight what i've seen tonight is probably much worse than the worst night we ever had in august. >> all this because a grand jury refused to indictment officer darren wilson. small groups of agitators ravaging ferguson, looting businesses and setting fire to police cruisers. tears streaming down the face of michael brown's mother after the

decision was read. >> the grand jury deliberated over two days, they determined that no probable cause exists to file any charge against officer wilson and returned a no troo bill on each of the five indictments. >> brown's parents saying quote we're profoundly disappointed that the killer of our child will not face the consequence of his actions. officer darren wilson's lawyers releasing a statement -- officer wilson followed his training, followed the law. minutes after word of the grand jury decision, president obama called for peace. >> hurting others or destroying property is not the answer. >> prosecutors released all evidence presented to the grand jury, 24 volumes of transcripts reviewed by the 12 grand jurors, seven men, nine women, nine white three black. photos of officer wilson taken immediately after he fatally shot the unarmed black teen six times. more photos of the scene itself.

we know wilson testified when he first saw brown and his friend walking in the middle of the road on the morning of august 9th he yells quote, hay guys, why don't you guys walk on the sidewalk. and wilson testified that brown slammed the patrol car door. these photos showing a swollen right cheek, scratches on the back of his neck. wilson says after a tussle over his gun, and two shots fired in the car, brown takes off. wilson pursuing him down the street yelling, get on the ground. the teen eventually stops, turns towards the officer with quote an aggressive face. officer wilson says brown then charges him. and when brown was only eight to ten feet away, the officer fires two fatal shots. hitting him in the head. >> the word of officer darren wilson's testimony has only led to more and more questions here about whether the story makes sense. but bottom line, it seemed to

make sense to the grand jury, because it was probably the most powerful piece of evidence they were presented with. what we also know for sure is in response protests. they're getting so intense and so dangerous in ferguson that firefighters who were trying to respond to the fires, had to flee, leaving their hoses behind. protests weren't just here, they flared up in cities across the country, including los angeles, seattle, chicago, philadelphia and new york city. let's bring in stephanie elam, she's been in ferguson all night. stephanie first of all, are you okay? i know you got hit last night. i wasn't with you, but i was hearing it as we were doing our reporting. you're doing okay this morning? >> yeah, no, we're fine. other than being cold, we really can't complain, chris, thanks for asking. while we're out there, the one thing was really clear about what we could see -- there was no one in control for a good part of what was happening here in ferguson.

peaceful protests erupting into chaos. after the announcement of no indictment. >> what are you saying? that our lives are not equal? our lives are not worthy? not even day in court? that's what you just said. >> it's another example of a miscarriage of justice. >> angry protesters clashing with police hurling bottles, rocks and bricks at officers and the media. people are throwing stuff at me right now. it's that kind of scene out here right now. protesters attacking police cars, shattering the window of this cruiser as cops run in with guns drawn to disburse them. but mayhem on the streets looking like a war zone. gunshots ringing out throughout the night. flames engulfing several police cars, buildings ablaze, roaring out of control. some burning to the ground. firefighters stretched thin with the number of fires erupting and moving out fearing their own

safety. widespread looting, several businesses vandalized, including ferguson market and liquor, where brown had allegedly stolen cigars before his death. >> you need to get out of the street or you will be subject to arrest. >> police in riot gear and armored trucks, firing tear gas and smoke bombs into crowds refusing to disburse, forcing demonstrators to run. anger and frustration about the grand jury decision spreading across the country. protesters in chicago facing off with police as they voiced their anger. in new york, massive crowds marching through manhattan, reaching three major bridges with one known arrest. protesters in times square even throwing fake blood at new york police commissioner bill bratton. demonstrators gathering outside the white house, weaving together on the ground along pennsylvania avenue in oakland,le california, protesters shut down the expressway, lying down inside

chalk outlines drawn on the streets. a similar scene in seattle, where demonstrators dropped to the ground. the man who simmered tensions this summer urging restraint in the aftermath of chaos. >> we definitely have done something here. that is going to impact our community for a long time. that's not how we create change. change is created through our voice and not through destruction of our community. >> nevertheless, no matter how you break it down, a very disappointing, very upsetting end to this evening. a day that people had been waiting for for so long to find out what the fate of darren wilson would be and chris, when you look at it i really can't see any way you can find a win anywhere all this. it looks like everyone is losing something after how everything played out today. >> that's tough to disagree with, and you know hopefully we have seen the worst of it. but you just can't know right now. let's discuss with some of the people who were playing roles here last night we have pastor robert white, with the peace of mind church of happiness here in

ferguson. we also have liz brown a columnist with the st. louis american. the city's largest african-american newspaper. now rev, it's good to see you're safe this morning. i was here with you last time. you played a very important role in organizing protests, keeping it sill on the ground. different situation last night. very different. and you were surprised by it. how so? >> well the biggest surprise, chris is that after all the planning from august to now, after all the conversations with lawmakers, i put it like one of the clergy person said last night -- we're mad as hell. we're mad because we tried to put ourselves on the line to help protect our citizens. but we were not involved in that conversation about the planning, that captain johnson and the chief and governor nixon talked about. they said we were going to be safe. they said they were going to protect our buildings and protect our businesses, and yet, the city is up in flames and particularly not on south florrisant road, but the west

florrisant road, the black-on-black businesses. >> it seems that the community was going after its own with the black-owned businesses. why do that? >> chris, you and i, we got tear gassed, i was right behind you when the tear gas started. there was a huge concentration of officers, you guys need to be over on west florrisant where the crowds were alet more rowdy and rioting and looting. >> anger doesn't have a conscience, once people were outraged and running, they're going to go after whatever is within arm's reach. >> so what happened was the clergy men and women on the line trying to help protesters, we became targets, we heard captain johnson tell us, if you're going to do what you tell us, you're a threat to us. captain johnson had has a lot of explaining to do. he didn't answer questions a lot. what he showed us last night was an about-face of what we're used to. >> he was treating you like the enemy you said to me before.

>> i was told if i took one more step to the left. he said have that man arrested and i said are you kidding me? and he said try me. a very different person in the guy i've been in numerous meetings with trying to create peace. >> no question tensions were very high. liz, let's bring you in here. the feeling on the ground was that they were not ready for what happened last night. there was a lot of anticipation that there would not be an indictment. as a result, there would be a lot of anger and hostility among people here. and yet it didn't seem they were ready to get out to the fires. it didn't seem they were ready to move the crowds the way we might have hoped. your take? >> it's just, it's stunning, actually and it's actually an even though there wasn't an indictment of darren wilson last night there was an indictment of law enforcement, there was an indictment of governor nixon. there was an indictment of bob mccullough. there was an indictment of claire mccaskill, all political leadership.

it's stunning to consider that the governor said, in a preemptive way, i'm going to bring in the national guard. well, where were they last night? >> right. >> where were they last night? this is an indictment of everybody who, they all knew this was coming. it wasn't like bob mccullough found out last week there was going to be an indictment. he knew from jump there was going to be an indictment. so did every other person in law enforcement. the fact that they allowed buildings to burn. the fact there were no national guard, even though there was a big use of the national guard before, there was no national guard in ferguson. how do you explain that? a building burned before, what did you not anticipate that another building could burn? it's just, it's just inexplicable and it's awful. >> it's, your video-point is understandable. but there's some context that's necessary. the national guard became a metaphor for being overly aggressive and there were all of these calls for them to be kept

back, for them not to be kept here. so hindsight is 20/20, saying they should have been here and more active. >> then why make the comment, why use the national guard as a way to, to try to tamp people's actions down? either they're there or they're not. either you're in it or you're not. you can't half-step the protection of a community. can't half-step it you're either in or out. >> we were told the national guard was going to be specifically used to protect businesses so the police can police. if the national guard is sitting at command center and not out in the streets they could have been on west florrisant avenue and protected those black-on-black businesses rather than being post active. the way that the buildings were protected in south florrisant. >> do you think this was just a failure to anticipate it, reverend? do you think this was

intentional? why would it be? >> as a lead anywhere this community, we don't condone violence, we don't condone any of the actions that the people have done. but what we have to look at is all of us as leaders have failed. we failed to plan properly and be prepared as you said on both sides of the fence. because if those conversations would have allowed us to be a part of it, then maybe we could have helped captain balmer and chief balmer and all of those folks involved. >> well you're touching on something that's painfully apparent, liz, and let me come back to you for the final part of the conversation. the need for leadership, it's horrible what's happened to destruction of property. thank god there weren't more people hurt last night. people keep likening this to the l.a. riot. there was nothing like this last night there were 100 people killed, thank god there was nothing like that last night. it's going to be easier to rebuild buildings than to rebuild what you need most in this community -- which is the relationship between elect ed officials, your police, and the community they're supposed to be

serving and the question is when do you think that begins, liz? >> i don't know when it begins. because the challenge to the beginning of a heal, is the acknowledgement of the harm or the injury that has occurred. and when you listen to the words of bob mccullough last night, there was no true acknowledgement of the crime that was committed against michael brown. there was no acknowledgement or understanding of what that felt like, what that feels like to the african-american community. that an unarmed african-american teenager walking away with his hands up, was gunned down and the guy who did it will not face trial. and he will not face trial because the fix was in with the grand jury. if you don't understand what that says, what that means to the community, how can healing ever begin? >> liz, i understand your perspective, we've discussed this many times. but also, you have to have faith

in the system. the grand jury had it, they deliberated. we don't know what their vote was. but we do know they didn't find a true bill. saying that the fix is in -- certainly the prosecutor is not going to apologize for a crime when the grand jury just said there was no probable cause to believe that a crime was committed. the questions remain and so does the doubt. look, liz, we'll continue this conversation, but i want to move through the news events of the morning and i'll have you back on, you know that. because it's a very important conversation. >> i know that, thank you. >> liz, thank you very much. rev, you've been good it me, you protected me here, your leadership is needed, i'll see you back out there, hopefully both of you don't have much to do. alisyn, back to you in new york. we want to stay with you for a little while, because we want to hear hat scene was like there last night. we know you were in the middle of it and have been for many hours, take us through it. describe what you found when you landed there in ferguson. >> all right now you had system where let's just be honest, there was a lot of feeling that

there wasn't going to be an indictment. why? because of everything we were hearing. and certainly on the ground people seemed expectant of disappointment, okay? but then once you're actually disappointed, everything changes. there were a lot of people, there's a lot of hostility and the image of what they fear and they're angry about is now in their face, it's the police officers, and they had better restraint than i saw last time. they seemed to be more organized. but what happened was, they said they wouldn't need tear gas, that they had done training and they had other tactics and methods and the national guard to help the property. so we weren't as equipped and neither were the protesters to deal with what the nature of push-back would be. all of a sudden, as the line, the phalanx of officers starts to get tested, tear gas just comes raining down, flash-bangs, noise-making disruptive devices to disburse a crowd. and then it was literally you know the most over-used word in

a riot situation -- chaos. there was no angry horde attacking them and frankly, the police were not becoming an army attacking themselves. i didn't see any violent altercations where we were. but the tear gas was completely debilitating to people. and it continued again and again, wave after wave throughout the night. and it created a very hostile situation, guys. >> did it seem like an over-reaction on the part of law enforcement to you or no? >> it's a hard judgment, mick. because it's easy for me to say, did i like being tear-gassed? new york city did i and all the people around me wish it didn't happen? yes. but people weren't getting out of the street. there did seem to be a little bit of a misunderstanding. in talking with the rev before, they weren't allowed to be on the street protesting. they were allowed to be on the sidewalks. people didn't seem to get that they seem to be very confused on why they were being told to move. they said we have a right to

assemb assemble. but the cops said yeah, but not right here. they were firing bean bags in the crowd to get you away with the least violence necessary. you know, did they have to do that? well, what's the alternative? did they need to use the tear gas? what's the alternative? that was the problem last night. and it kept spiraling with the fires and the first responders couldn't get to them. but the good news is, and that's going to be a really stretched term right now -- i didn't see people getting hurt. the way i feared they would. when it started to happen, alisyn and mick, i thought there was going to be a lot of bloodshed here. >> i'm really pleased to hear that. as you said, it will be an interesting definition of good news, but the fact that there weren't lives lost and people weren't severely injured, that's something we have to acknowledge. one positive. >> we're going to be going back to you throughout the show. then we have this bombshell -- we're hearing for the first time officer darren wilson's account of the fatal michael brown shooting. we have his grand jury

testimony. it is now public. so we will read to you why wilson says he had no choice, but to shoot the unarmed teenager, next. and was there a deciding factor that kept the grand jury from indicting wilson? we'll put that question to our legal experts, ahead.

there's a lot of testimony to go through, but it does seem that the factor that was the biggest for them, was the testimony of darren wilson. we have ana cabrera here. we hadn't heard from him before, but we know he testified in great detail and we know what he said. >> we have not seen officer darren wilson or heard from him in person even after the grand jury came back with a no indictment. he has been living a life in large part in secrecy. ever since the fatal day and clearly he's not really welcome by many people in his community. that he had served before all of this. but we had hearing his side of the story. through his eyes, as he told the grand jurors. >> they determined that no probable cause exist to file any

charge against officer wilson. >> a bombshell announcement with big implications -- no indictment against 28-year-old ferguson police officer darren wilson. >> the physical and scientific evidence examined by the grand jury, combined with the witness statements supported and substantiated by that physical evidence tells the accurate and tragic story of what happened. >> overnight, the prosecutor releasing the contents of the entire case. including these photos of a bruised wilson indicating a struggle with the unarmed teen. silent since the august 9th incident, we're now hearing from wilson in his own words, through his testimony about the day he fatally shot michael brown. he says brown assaulted him while he was still inside his vehicle. and that he had never used his weapon before. he said quote i felt that another of those punches in my face could knock me out or worse. i have already taken two to the face and i didn't think i would the third one could be fatal if he hit me right. wilson has been in hiding for the last three months.

with anger and frustration erupting across the region, following the decision not to indict, wilson's lawyer releasing a statement saying in part law enforcement personnel must frequently make split-second and difficult decisions. officer wilson followed his training and followed the law. sources tell cnn the four-year veteran of the ferguson police department, who has been out on paid administrative lee now has plans to resign. through the controversy, wilson managed to keep his personal life private. even his recent marriage to a fellow ferguson police officer. a st. louis county marriage license says the two wed on october 24th in oakland, missouri. some 15 miles south of ferguson. the couple reportedly share a home in st. louis. this is his second marriage, her first. but what the future holds for them, is unclear. going back to the testimony, i think it's also really important to point out that during that testimony, officer wilson said multiple times he was adamant that michael brown was running

toward him and continued to come toward him as he fired those shots outside the vehicle, which of course has been the biggest point of controversy in this case. we have reached out to officer wilson, cnn as an organization has reach out multiple times to officer wilson and his attorneys to try to get an interview with him or a statement from officer wilson himself and he still declines to have any further comment at this point. >> he's going to do an interview. we know that. he's going to get his story out. it's interesting now that his story in front of that grand jury is probably the most powerful thing they saw and it's going to raise a lot of questions, as people hear little bits of it they're asking already. thank you for being with us in ferguson. >> i want to get back to you, alisyn. all night long we were hearing his story. and the irony is the grand jury is the prosecutors show what darren wilson probably didn't get cross-examined the way he would have at a trial. so really the grand jury got to hear his version in a very pure

form. >> reading through the testimony, chris, is so fascinating. it's about this thick, so we've been combing it this morning and we'll bring most of that to our viewers. joining us is cnn legal analyst and criminal defense attorney, mark o'mara, who represented george zimmerman after he shot and killed trayvon martin. the jury had five options, they chose to indict on nothing, ha does that tell you? >> it tells me they focused on the question of whether or not darren wilson acted in self-defense or her received he had personnel fear of mike brown. once do you that, there's no crime potential possible and i think that's what they found. >> i want to ask you about that, what if darren wilson was just scared? he was scared. in a way that nypd officers might not have been scared. but darren wilson that day was scared. in fact, in his testimony he describes seeing the face of a demon in michael brown. that's, is that good enough justification, if one person is scared? >> no, being scared is not good enough. it has to be reasonable fear based upon the circumstances and

not just afraid, but a fear of great bodily injury or death according to you. that's a very difficult standard. he presented his testimony in a way that i think helped the grand jury find it. the demon, the 5-year-old against the hulk hogan. that presentation of evidence tells the grand jury, i'm more scared than you've ever been. and that sort of helps or informs the grand jury's decision. >> through the benefit of hindsight looking back on this, was it the right move to push this to the grand jury? >> it had to go to the grand jury. because mccullough one way or the other could not make a decision alone. he would have been just banished for anything he done. the idea of letting the grand jury look at the case, bringing in the community. makes at least a possibility that it can be believed by the other community members is probably the best way. >> can we talk about that? we're talking the scene play out where chris and our reporters are on the ground. it makes us wonder, alisyn andvy been having this conversation all morning. about the decision to release this decision as night fell.

mark, it seems all of that so-called planning and preparation, was kind of tossed out the window. >> they said they were planning for this for two and a half months, what to do, how to do it and how to involve the community and minimize damage and anger. if you and i decided the worst hour to pick to release this decision, it would have been at 9:00 or 10:00 at night. the worst time possible. doo do it at 2:30 when they first got it or weight until this morning at 8:00, wait until you have the ability of daylight. >> chris, back out to you on the scene. have they explained why they chose 9:00 p.m. to release this? >> yeah. you know i heard mark making that point last night. it does seem somewhat counterintuitive. their answer is when we did it later at night. we were assured that stores were empty and closed, schools were out and people would be home. we felt we were limiting the amount of people to be exposed on the streets as innocents. think that's something thaw want to weigh in as also. mark, also think it's important

for to you understand and going through what wilson's story is, he says two big important things. one, his reasonable fear came from two moments -- one that he thought if he got punched another time, he may pass out or die. okay. that would be one thing that would be heavily cross-examined. and then you have blood 160-plus feet away and 150-plus feet away and the determination becomes what happened in between those two spots. he says i believe he was charging me. when you look through the testimony, mark, how compelling is that version of the event? >> well i tell you the last point you made is the most compelling to me of all of the evidence. there was a question whether or not mike brown was surrendering or charging. and when we know there was a 25-foot difference between mike brown's furthest point and coming back, that 25 feet would have given darren brown the opportunity to tell him to stop, stop, get on the ground, whatever. exam is consistent with what he said and the failure for that to happen over that 25 feet is

going to inform darren wilson's perspective as to who mike brown was and the fact he wasn't going to stop. most compelling piece of evidence was the fact that there was the come-back by mike brown. >> i want to ask you about another point that chris just made, the punches to the face. there was an altercation at the patrol car and darren wilson felt scared by that altercation. he says he felt the third punch might have killed him. when you look at the post-fight pictures from the police station, they don't look like fatal blows were administered to darren wilson. >> the difficult thing is when you think you're in fear of great bodily injury and when are you might be different. we look at -- >> irrational fear or rational fear. >> we look at him the day after and say there was no significant injury caused to wilson, there just wasn't in his mind, did he think there was? he certainly presented in a way to the grand jury to convince them that he felt that there was. >> mark o'mara, so many questions, we'll have to wait for another time for what lies

ahead for ferguson, for officer wilson, for the community, tough times indeed. more on the drama in ferguson coming up. plus, the chuck hagel era is over at the pentagon. the defense secretary announcing his resignation, why is he leaving now and who will replace him? a live report on that just ahead. a nor'easter could affect millions of holiday travelers on a big thanksgiving getaway day, indra petersons is tracking it for us. hello... i'm an idaho potato farmer and our big idaho potato truck is still missing. so my buddy here is going to help me find it. here we go. woo who, woah, woah, woah. it's out there somewhere spreading the word about americas favorite potatoes: heart healthy idaho potatoes and the american heart association's go red for women campaign. if you see it i hope you'll let us know. always look for the grown in idaho seal.

big day? 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.

i won this 55 inch tv for less than $30 on dealdash.com. visit dealdash.com for great deals. and start bidding today!

toothbrush... sweater... extra sweater... headphones, sleeping mask... oh, and this is the xfinity tv app. he can watch his dvr'd shows from where ever he wants. hey. have fun, make some friends. alright. did i mention his neck pillow? (sniffs pillow) watch your personal dvr library where ever you go. with the x1 entertainment operating system.

welcome back to "new day" this morning there's so many questions about why the grand jury did not indictment, but we do have the entire record of what they were presented with. let's bring in evan perez. when you're looking at this evidence, what do you see? >> well you know chris, one of the remarkable things is you know, darren wilson's testimony is basically as you just mentioned, unchallenged here. you know one of the things i was surprised about is he was going to testify at all. usually you know, you're in this situation, you don't want to testify to a grand jury. >> especially in front of a grand jury, because the prosecutor's show. >> it's the prosecutor's slow. in in case it turned out to be the genius show, it was the difference-maker, i think. you see him describe a lot of things that you know normally would be challenged by a defense attorney. by a prosecutor. >> such as? >> including his perception of this neighborhood. the canfield-green area as hostile environment to police.

you know that may be true, maybe not. but that played perhaps, into the way he was behaving that day. >> that a third punch may have killed him. >> that a third punch might have kill himd. >> and his aggressive way in dealing with what were jaywalkers in the beginning. >> and when you're looking at it, there's also a function of how you perceive the prosecutor, right? he's gotten a lot of crit significance. he didn't need 0 go to the grand jury, that he punted. you picked up some things listening last night. >> i was in the room when he was delivering this. he was defiant. in some ways typical politician who has been facing a lot of criticism over the way he's handled this case. there have been a lot of in-fighting not only between him and local officials, but between him and federal officials. he wanted the feds standing there next to him last night. they declined to be there. in some ways what was interesting is his tone was one of almost darren wilson's attorney. he was not just a prosecutor. >> that's important. that's not just about style, it

comes down to substance of how he tested wilson's story at the grand jury. because it's his show. the great irony we were discussing before here is that this, when you have all of this testimony that, that is in conflict with one another, the temptation of a grand jury is discount both of them. evan says red, i say blue, we're both out. darren wilson is largely unchecked and that would enhance the power of his testimony to them. >> i think you know look, today there's going to be a lot of second-guessing of everything. including bob mccullough's decision to announce this late in the evening. there's going to be all of this second-guessing of how the local police were prepared for this. look the people who destroyed port last night, people who rioted, they're responsible for their behavior. but there's a lot to say about the tone this prosecutor took last night. whether it was inflammatory, frankly. >> and remember, it ain't over. we're hoping today calmer heads prevail and we don't have a night like we had last night. evan, thank you very much for your perspective. alisyn and mckayla, back to you.

have we look at other headlines making news now? an american is among eight people freed from abductors in yemen. sources from the yemeni government say the group was freed from terrorists in a predawn raid. seven of the abductors were killed during the raid. it's unclear exactly where the operation was carried out. and university of virginia officials are holding an emergency meeting today to discuss policies on sexual assault. the campus experiencing days of unrest, after an explosive "rolling stone" article revealing details of an alleged gang rape at an uva fraternity house. now the associate dean of students under fire for admitting in a recent interview that some students who confessed to sexual assault were not expelled. russia's economy could plunge into a recession, those words of warning from the country's finance minister. he said russia is losing up to $140 billion annually because of falling oil prices and western-imposed sanctions due to

russian aggression toward ukraine. the russian currency has lost 25% of its value against the u.s. dollar. sharon hellman had been on an administrative leave for six months amid revelations that some 1700 patients had been on never-ending wait lists and may never have received care. the findings first exposed by cnn led to the discovery of similar problems throughout the va. and the resignation of the department's chief. president obama is heading to his hometown of chicago to meet with business leaders about his executive order on immigration. days after he said he would grant amnesty to nearly five million undocumented immigrants. in the meantime incoming texas governor greg abbott accused the president of violating the constitution and says he's going to reach out to other states to join him in filing a lawsuit within the next two weeks. and another top story today, president obama's defense secretary is out. chuck hagel announcing his resignation after less than two years on the job. did hagel quit or was he forced

out? and who will take charge of the defense department? cnn's pentagon correspondent barbara starr is live with more. >> by all accounts, the president's only republican cabinet member, chuck hagel, forced out for perhaps shall we say political expediency. rumors had been rammant for weeks that the white house wanted to make a change in the foreign policy team. no indication that it would have been susan rice, the national security adviser or secretary of state john kerry. pretty much leaving chuck hagel essentially as the last man standing. no matter what the white house says about it being a mutual decision, the indications are hagel was basically pushed out. now, who will take over? one of the top contenders is a woman named michelle flornoy, a former top pentagon policy official. she has a lot of expertise, she is well-regarded. but all the indications are, she, too, would, anybody will face a very tough confirmation hearing in the senate.

because for the senate, the question now is -- what makes the real difference in policy in the war against isis? was it really chuck hagel? or as many republican senators believe, does there need to be a full airing of the president's security policy? is this really a white house issue and much less an issue about chuck hagel? alisyn? >> barbara starr, thanks so much for the update. we want to talk weather we know a big storm is headed for the northeast, disrupting holiday travel plans for millions of americans. indra petersons, our meteorologist is here. we've got everything planned, extra turkey, extra chair, you might have to prepare for the weather, too. >> the weather hinders plans, it's a deja vu of last year, major hubs in the northeast can once again be affected by a storm. take a look, if you can go out today, go now. it will all change as low makes its way up the coastline. i'm showing you noon tomorrow. it's one of those, you're saying i have a chance moments, rain

has not switched over to snow just yet aleast accord together latest models, once you get past the afternoon that's when everything shifts, by thursday it's out of here. it's the biggest travel day of the year. that is going to be affected. to make matters worse, look at the major cities, new york philadelphia, d.c., boston, that's the line between rain and snow, tiny shift in the forecast changes everything. such a difficult forecast. here's one of the models along the coastline, heavy amounts of snow in through the major mott poll tan cities. you shift it barely offshore, everything changes and the amounts are lighter. this is the best we can do for you right now. the higher end in towards new york city, four to eight inches of snow. d.c. about one to two. a foot of snow possible in places like new york, vermont and new hampshire. >> a foot of snow? okay, all right, well. >> i love that you're letting us in on how hard it is to forecast. indra petersons thanks so much. chris cuomo has been on the ground in ferguson, missouri all

night. let's get back to him now. chris? >> all right. we'll keep following the breaking news that is going on right now here in ferguson. there is obviously a violent reaction to the grand jury's decision to not indict the police officer. in the fatal shooting of unarmed teenager michael brown. how does ferguson move past thing an centre and what went into this grand jury decision? we have answers for you this morning. ♪ ♪ ♪

♪

welcome back to "new day." i'm on the ground at the command center in ferguson, missouri. following a tense and violent night after the grand jury decided not to indict officer darren wilson. let's discuss the response on the ground and why this may have happened with the grand jury. we consider chris king, the manager editor of the "st. louis american" one of the oldest african-american newspapers in the city and eric zaun, the prosecuting attorney in ferguson, missouri. let's deal with the reaction on the ground. this fair appraisal by me was worse than we expected and did not seem to be handled as well as we expected? >> correct and correct. >> why? >> well think the police did too

much and too little. >> how do you do both? >> in some cases too much tear gassing, a little bit indiscriminately and too little guarding of some of the properties and guarding the firefighters who could have put out the fires rather than let them burn. >> but there was gunfire going on. people keep saying where was the national guard. this community was very critical of bringing in the national guard at all and now hindsight is 20/20, they're saying why weren't they out there more. is that understood? >> they were coming into to guard the federal facilities and to be on the back line. that wasn't a back plan, but i think the command could have responded differently to the threats as they emerged. >> you understand this community very well and what's going on. you know there are outsidage stators and more divisions among protesters than there were in august. what do you think we see tonight, tomorrow night? have we seen the worst? >> i think we've seen the worst. yes. >> good. >> i think we'll see more of the midline lieders coming out and creating the bridge between the young angry folks and the

millennial leaders that have captured the world's attention and i think the outside agitators will be run out of town as they have been before. >> were you saying before, yes, the authorities had a plan. and you believe the outside agitators and bad guys had a better plan. that a lot of the arsons were planned. >> i've seen fingerprints of outsiders on the arsons. >> now we get to why did this happen. looking over the record prosecutor, when you see the testimony of officer wilson, the irony is usually we don't want to put people in front of you guys in a grand jury because you run the show. here, looking at the testimony, he didn't go through the withering cross-examination his story wouldn't have gone through otherwise, when you balance it with a lot of conflicting testimony, he probably wound up being the most pure version of events the grand jurors heard, true? >> it's dramatic when the grand jury hears from the target of the investigation, that rarely,

rarely happens, in this case, he willingly came forward, we know that he talked a lot to the grand jury. and so i think, i think what he had to say was important to the grand jury. it also, though, appear s it wa backed up by a lot of forensic evidence in the case as well. >> if there's conflicting testimony, it winds up being more powerful to hear from the people involved. is it fair criticism of the prosecutor to say he didn't check wilson's story the way he could it was his show, he could have peppered him with questions all day, it doesn't seem like he did. >> i don't think that's necessarily fair. here's what we did, not only was officer wilson there, but many other witnesses were able to tell their stories as well. and they didn't go through withering cross-examinations, either. from the small parts that i've seen. and so what the grand jury got to hear was what these witnesses had to say. about what happened, that terrible, terrible day. and in the end, nine of them could not agree that there was problem all cause that any crime

was committed. >> when i say the prosecutor, mine his whole office, obviously he's not the one running it because he doesn't want to be a witness in his own potential trial. >> in missouri law, the prosecutor was explaining to me thaw can use defense of life, deadly force, if you fear a felony may be happening to you. explain what that means for the officer? >> there's a unique provision in missouri law, if you believe you're going to be the victim of a forceable felony. >> a forceable felony. not that someone's going to kill you. >> that's right. and in missouri it's also a forceable felony to even attempt to cause physical injury to a law enforcement officer. >> so if i'm a police officer and i believe you want to puvlg me in the face, i can shoot and kill you? >> theoretically that's true under missouri law. when people talked about what should the law be, is the system broken here? you know, that's something that perhaps we can look at in missouri law. but that's the law as it stands now. >> thank you very much prosecutor and chris king, very

good. we will stay in touch with you. hopefully we'll have a very different night than we had last night. alisyn, back to you. we'll be back to you in a second. the images of the violence overnight in ferguson are startling, several businesses and a row of cars at a dealership were engulfed by fire in the nearby city of dellwood, firefighters were not able to respond because of gunshots they say. how can ferguson bring the chaos under control moving forward? let's bring in juliette kayyem, senior national security analyst and tom fuentes, former fbi assistant director and mel robbins, cnn commentator and legal commentator. we've been talking all morning, it seems like releasing the information at 9:00 p.m., at nightfall, as things were just getting ginned up there, that seems like a bad decision, what's your take on that? >> i have seen both sides of

this. alisyn and i think chris cuomo hit it on the head, there would be less people about. businesses closed, schools closed, a lot lighter traffic in the area. and there would be fewer people to deal with. for the police. as posed to rush hour traffic at 9:00 in the morning or the middle of a business day. or shopping day. when stores are open. so you know there is two sides to that argument. >> there are two sides to the argument. you look at it right now, the images, these aren't black and white images from the '60s. juliette, kayyem, this is 2014. we had time, we had advanced warning, we had time to plan there were plans in place, could the scenes have been avoided? >> probably not. all the scenes that could have been avoided. i mean look everyone knew whatever the verdict was going to be, there was going to be some violent reaction. and just picking up on what tom said, you know, in hindsight it is obvious that the decision do announce at 9:00 p.m. was a bad decision and i'm racking my head to figure out, why not wednesday

before thanksgiving? i mean they could have controlled the timing. knowing that this was inevitably going to happen. and i think you know, sort of the build-up and the excitement about what the verdict would be or what the decision would be, led to this sense that the sort of explosiveness. and now the job is just to get people to ratchet back, get them to focus on the holiday. and hope that it eases. >> mel, we're talking about the inevitability of this. the police should have been prepared, you would think. we talked about it for a long time. about the combustible situation that might happen. yet the people on the ground were saying where was the national guard? where were the fire trucks, in order to put out soft flames? they felt that the officials were wovefully unprepared. >> well, it seems like they were unprepared on a number of levels. when we heard that the announcement was going to happen at 8:00 last night central time. i was back in the green room with a bunch of the legal analysts, you're going to see all day long on cnn. and my immediate reaction was --

oh, well there must be an indictment. because why on earth after everything would you make the announcement at night? because they had been talking about wanting to protect people's right to peacefully protest. and wanting to protect people's right to assemble. it is very difficult to control a crowd at night or it's much more difficult than it is during the day. and so i agree with you, i think that you know, we got to separate what we're talk about. there's the grand jury decision as one topic and there's how they handled it, which was irresponsible, disappointing, tragic, embarrassing on all counts. and i think you know, i agree with juliette and tom, while i see both sides, i still don't understand why they didn't wait until this morning. >> let's pivot and turn to the pile of papers that's on your lap here. you've been up all night looking through this as have all of our legal analysts and law enfor enforcement analysts. let's pull back and say is it unusual to see officer wilson

testify at a grand jury? i think a lot of people -- >> i keep hearing my colleagues say it's unusual. it is not unusual. to have a defendant that's accused of a crime, that is a credible defendant, whose guilt or innocence is going to hinge on his testimony be put into the grand jury. i can cite case after case, even in new york where they've done it in major police shooting cases. the reason why is because, if you're thinking about it as a defense attorney, police officers are often very credible. and also, the law hinges on whether or not their point of view is reasonable based on all of the circumstances. >> i want to get to the heart of what's in that testimony. tom, let me bring you in. because it's the first time that we hear darren wilson in his own words talk about what escalated the situation. and he testifies that there was this altercation at the car, as you know with michael brown. and that he was -- afraid of michael brown. he said when brown stepped back

and then looked at him this is a quote, with the most intense aggressive face, the only way i can describe it, it looks like a demon. that's how angry he looked. so darren wilson basically from the altercation at the car, thought in his mind, perceived he was fighting a demon. that helps explain why he thought he had to use deadly force, but i'm not sure it explains that all police would have done that in that case, tom. >> well, that's, that's difficult to say. what all police would do. i was a street cop six years, i have seen that demon face myself. and if you don't believe it, look at the videotape of the convenience store wildfire he steals the cigars? you know he shoves the clerk, that's one time. he starts to walk out and that could have been over. but he made the u-turn and coming, facing the cam remarks you see that look on his face, and this is about ten minutes before the encounter with officer wilson. so you know, wilson is backed up and i think the reason he becomes so credible is it's not

just his word, it's not just because he's a police officer. it's not just because he's a white police officer. it's because all of the forensic evidence actually backs him up. the attack at the car. what happened on the street. coincides with what statements he made and that was at a time before he knew what the forensic evidence would be. >> tom fuentes, juliette kayyem, mel robbins, thanks so much. we'll be talking more about the testimony throughout the show, great to have you all here. we're following a lot of news, let's get right to it. i join michael's parents in asking anyone who protests this decision to do so peacefully. >> hands up, don't shoot! >> they said if there was violence tonight it would marr the memory of their child. >> y'all should have seen this coming! >> we were promised we would be protected. i don't see the national guard. >> you need to get out of the street or you will be subject to

arrest. >> if we're going to survive at all we're going to have to come together. welcome back to "new day," i'm chris cuomo in ferguson, missouri. where the reaction was worse than anyone expected. certainly judging by what happened and continues this morning to go on. all in response to a grand jury's decision to clear police officer darren wilson in the michael brown shooting. >> i'm alisyn camerota in new york along with michaela pereira. that decision sparking demonstrations from coast to coast, so we'll have more on how the whole country is reacting this morning. but first, we want to get back out to chris, because chris, were you in the thick of it last night. you were trying to report while the protests were basically exploding. tell us your experience. >> well and parts of ferguson are still smoldering this morning. it is not over. we hear reports at least a dozen buildings were torched, they may

have been intentionally targeted. there was violence. all of this following the grand jury ruling. there was looting, more than expected. there was gunfire, authorities say 150 shots were fired. notably, the police say none from them. however, they were using their own tactics, they were shooting bean bag disruptors, flash bangs and a lot of tear gas. it raises the question -- where was the leadership? little if any was seen on the streets. i'm talking about the clergy and citizens, elected leaders and the authorities being out there to try to keep the ferguson sky from being just a complete reflection of rage. there were dozens of arrests made. after pleas from president obama and michael brown's family, to keep things peaceful and to be the change that we all want to see in communities like this. meantime, transcripts of officer wilson's grand jury testimony have been released. the entire record is out there. so people can look through and understand why this grand jury

came to the conclusion that it did or at least tried to. but thus far, it has done little to ease the tensions where feelings about the police shooting of an unarmed black teenager are still very, very raw. ferguson on fire you after no indictment of officer darren wilson. as many as a dozen buildings torched in the worst conflicts to date as outrage ran through the streets. local authorities thought thout they were prepared that tear gas would not be needed -- they were wrong. here come flash-bangs and cannisters coming right at us. we're getting gas right now. gas shot around reporters, forcing the crowds to flee. further down the street -- police firing more tear gas directly into the crowd. officers trying to disburse the crowd. but there would be no control.

>> i didn't see a lot of peaceful protests out there tonight. what i've seen tonight is probably much worse than the worst night we ever had in august. >> all this because a grand jury refused to indict officer darren wilson. small groups of agitators ravaging ferguson, looting businesses -- and setting fire to police cruisers. tears streaming down the face of michael brown's mother after the decision was read. >> the grand jury deliberated over two days, they determined that no probable cause exists to file any charge against officer wilson and returned a no true bill on each of the five indictments. >> brown's parents saying quote, we're profoundly disappointed that the killer of our child will not face the consequence of his actions. officer darren wilson's lawyers also releasing a statement -- officer wilson followed his training, followed the law. minutes after word of the grand jury decision, president obama called for peace. >> hurting others, or destroying property is not the answer.

>> prosecutors released all evidence presented to the grand jury, 24 volumes of transcripts reviewed by the 12 grand jurors, seven men, three women, nine white, three black. we see photos of officer wilson taken immediately after he fatally shot the unarmed black teen six times. more photos of the scene itself. >> we now know wilson testified that when he first saw brown and his friend walking in the middle of the road on the morning of august 9th, he yells quote, hey guys, why don't you walk on the sidewalk? that's when wilson says brown walked over and slammed the police cruiser door. as wilson tried to exit. wilson testified the teen hit him in excess of ten times, landing two blows causing minor bruising. these photos showing a swollen right cheek, scratches on the back of his neck. wilson also says after a tussle over his gun, and two shots fired in the car, brown takes off. wilson pursuing him down the street yelling -- get on the ground. the teen eventually stops, turns

toward the officer, with quote an aggressive face. officer wilson says brown charges him. when 0 brown was only eight to ten feet away, the officer fires two fatal shots, hitting him in the head. and hearing that testimony from darren wilson as it started to be reported last night, certainly increased the tensions here. bubbling up in ferguson, but not just here. one of the reasons the problem in ferguson matters is because it's felt in communities nationwide. protests broke out in cities across the country. mostly peaceful. but there were isolated pockets of violence. nothing like what we saw here. but one involved new york city police commissioner in that city. we'll tell you about it let's bring in stephanie elam, she's been in ferguson all night with the story. stephanie? >> chris, good morning. it's hard to fathom that we're in a holiday week. but after you saw what was going on last night there does seem to be very little to be thankful for, for many people in ferguson.

peaceful pro testsztests erupti chaos after the announcelement of no indictment. >> what are you saying that our lives are not equal? our lives are not worthy? of not even a day in court? that's what you just said. >> it's another example of a miscarriage of justice. >> angry protesters clashing with police, hurling bottles, rocks and bricks at officers and the media. >> people are throwing stuff at me right now. in fact, it's that kind of scene out here right now. protesters attacking police cars, shattering the window of this cruiser as cops run in with guns drawn to disburse them. but mayhem on the streets looking like a war zone. whoa, whoa! gunshots ringing out throughout the night. flames engulfing police cars, buildings in blaze, roaring out of control, some burning to the ground. firefighters stretched thin with the number of fires erupting and

moving out, fearing their own safety. widespread looting, several businesses vandalized, including ferguson market and liquor, where brown had allegedly stolen cigars before his death. >> you need to get out of the street or you will be subject to arrest! >> police in riot gear and armored trucks firing tee gas and smoke bombs into crowds refusing to disburse. forcing demonstrators to run. anger and frustration about the grand jury decision spreading across the country. >> don't shoot, hands up! >> protest nrs chicago facing off with police as they voiced their anger. in new york, massive crowds marching through manhattan, reaching three major bridges, were one known arrest. protesters in times square even throwing fake blood at new york police commissioner bill bratton. demonstrators gathering outside the white house, weaving together on the ground, along pennsylvania avenue. in oakland, california, protesters shut down the

expressway, lying down inside chalk outlines drawn on the streets. a similar scene in seattle, where demonstrators dropped to the ground. the man who simmered tensions this summer urging restraint in the aftermath of chaos. >> we definitely have done something here. that is going to impact our community for a long time. that's not how we create change. change is created through our voice and not through the destruction of our community. >> and one man i spoke to on west florissant last night in the middle of the unrest, chris, saying to me -- that he was upset that officer wilson was not indicted on at least one count. there were a lot of people hoping that just at least one count would come through, that would have made them feel bet ber the fact he would have at least gone to trial and that's where the anger was stemming from. chris? >> no question it was complicated for the grand jury, because all of the counts had to do with him being culpable for killing him as a homicide. and that's not what they found. and obviously the unrest is

going to din. we'll have to hope we saw the worst. thank you for your reporting. let's bring in benjamin crump, an attorney for michael brown's familiarly. counsel, it's good to have you with us. after hearing the prosecutor last night, after hearing his explanation for what was presented and how, are you able to accept the grand jury's decision? >> well, i think the system should be indicted. it's problematic when you only have one side. in america, chris. we have a constitution that says both sides get to be vetted. and what the secret grand jury proceeding, it was troubling, because you don't know how the evidence was presented. what tone, what emphasis was given to certain things. so michael brown's family, is left just hollow this morning. they're just heartbroken and overcome with emotion that their there won't even be a trial

against the person who killed their child. >> as much as this determination must hurt them. are they hurt by how the community reacted to it after their calls for peace? after their calls for being the change you want to see? >> they are, they're overcome with emotion. they really want to try to have something positive come from the tragic death of their son. they want the legacy of michael brown law, where you have to have police all over america and all of those cities you just mentioned, chris, have to have video body cameras, so it will be transparent and we won't have to see this scenario play out over and over again. we know what happen when the police interaction with citizens. >> is the family preparing to do anything today to help avoid a repeat of last night? not that that's their responsibility.

they're grieving and they have so many troubles of their own. but they have such tremendous sway in this community and there's such a vacuum of leadership. that's why i ask. >> it's a fair question, chris. and they will have a press conference at 11:00 at st. mark's missionary baptist church right in the heart of ferguson to ask for peace for the community. and try to talk about positive changes we can make. how we can change this system. with the local prosecutor is not sitting in judgment of the local police who they have a symbiotic relationship with and it seems to be an inherent conflict of interest. >> so the only problem with what you're saying, counsel, is that a little bit, you're spreading that on to these 12 men and women who came to the decision. because this was ultimately their reckoning and you know the record was very thick and we can all parse it now and see it. >> chris, i'm not doing that at

all. chris, i'm not doing that at all. >> okay. >> it is an indictment on the system. the jurors, they come and they try to do what the prosecutors tell them. historically, every lawyer in america would tell you, the grand jury by and large is going to do what the will of the prosecutor is. if he presents the evidence in such a way to get an indictment, he will get an indictment. if he presents the evidence in such a way not to get an indictment. he will not get an indictment. that's why we're saying it should be an outside prosecutor. nobody who works with the local prosecutor, saying it's an inherent conflict of interest, it has the hand of impropriety, especially in st. louis. >> hearing him last night, did you pick up anything that made you feel that he was partial to darren wilson or that he didn't think this was a good case? or -- anything that bothered you? >> michael brown's family was very offended, not only by this process, but by some of the things that the prosecutor said last night. and they worry about how much of

this was personal for him, versus being impartial and unbiased, that's a great concern for them, chris. >> now what? that's the question. if the legal remedies on the criminal side are exhausted, unless the prosecutor decides do bring charges on his own. which doesn't seem likely at this point. unless federal authorities bring their own. is there a civil remedy on offer for the family? do we think there will be something there. a wrongful death suit, perhaps? >> that's certainly something that they are going to consider. but they really wanted the killer of their child to be held accountable and they're going to try to focus on positive changes like the michael brown law and they want the people who are supporting them, not just do make noise, they want to make a difference. they want the legacy of their child to affect the 14-year-old kid in louisiana who was killed by the police, the 28-year-old

gentleman in new york who the police admitted they accidentally killed. he did nothing wrong. the african-american woman in california, who was police abused out there, they want the police to be held accountable to treat us like americans, too, so we can get equal justice. this system always allows police to hurt and kill our children. and nothing happens. and we got to change that dynamic. >> and that's not going do happen in a grand jury, obviously, that's lot of need for community policing improvements and leadership in this community to help the people who need to be protected by the police, to have that relationship, i'm going to ask you something, counsel, they knew, the family knew there was going to be no indictment before the rest of us did. what was that like for them? >> it was -- it was emotional. it was devastating. we had just prayed.

and attorney gray was with michael and i was with leslie, his mother and we parade and she really had faith that he was going to at least get charged with something. one, the lesser included so they would at least have a trial. so she was just devastated. overcome with emotion, chris, as only a mother could. and it was just, the parents were just devastated that there won't even be a trial where they won't even get a chance to have the killer of their child held accountable. that's what so frustrating for them and everybody in ferguson, and so, they are just hollow right now. they're empty this morning. and with that, they're trying to find some resolution to say let's try to make a difference. let's don't make noise. let's try to use our voice to make real change for michael brown and the unknown michael browns.

>> well, counsel, thank you for joining us and please extend our feelings to the family that they can deal with this as best they can right now. and find a way to move forward and have something good come out of this for them and the rest of this community. >> thank you very much, chris. alisyn, let's get back to you in new york. >> we'll tell you what's coming up. we'll break down the never before heard testimony from darren wilson before the grand jury. these are the words that may have cleared him. plus, former new york mayor, rudy giuliani, has been outspoken about his views on the ferguson protests and how police have responded. he's said some controversial things. eel join us, live.

♪ (holiday mhey! is playing) i guess we're going to need a new santa ♪(the music builds to a climax.) more people are coming to audi than ever before. see why now is the best time. audi will cover your first month's payment on select models at the season of audi sales event. visit audioffers.com today. [ male announcer ] over time, you've come to realize... [ starter ] ready! [ starting gun goes off ] [ male announcer ] it's less of a race... yeah! [ male announcer ] and more of a journey. keep going strong. and as you look for a medicare supplement insurance plan... expect the same kind of commitment you demand of yourself. aarp medicare supplement insurance plans insured by unitedhealthcare insurance company. go long.

welcome back do "new day," we're here in ferguson, missouri. since august 9th, people have wanted to hear what darren wilson had to say about what happened with his encounter with michael brown. well now we know. his testimony and pictures of him after the shooting were revealed after the grand jury's vote. ana cabrera has more for us on that and this is what it came down to for the grand jury. this is what we wanted to hear about. and now we can. >> we got a lot of detail from officer wilson and the testimony. he still hasn't been seen. he still hasn't been heard from in public, even after the grand jury decision. clearly he knows that he's not welcome by many people in the community. that he once served and he's lived his life in large part in

hiding these past few months, since that fatal day in august. but we do have a much clearer picture about his side of the story. through his eyes, as he told the grand jurors. >> they determined that no probable cause exists to file any charge against officer wilson. >> a bombshell announcement with big implications, no indictment against 28-year-old ferguson police officer darren wilson. >> the physical and scientific evidence examined by the grand jury combined with the witness statements supported and substantiated by that physical evidence, tells the accurate and tragic story of what happened. >> overnight, the prosecutor releasing the contents of the entire case. including these photos of a bruised wilson indicating a struggle with the unarmed teen. silent since the august 9th incident, we're now hearing from wilson in his own words through his testimony about the day he fatally shot michael brown. he says brown assaulted him while he was still inside his

vehicle. and that he had never used his weapon before. he said quote i felt that another of those punches in my face could knock me out or worse. i have already taken two to the face and i didn't think i would. the third one could be fatal if he hit me right. wilson has been in hiding for the last three months. with anger and frustration erupting across the region, following the decision not to indict, wilson's lawyer releasing a statement saying in part, law enforcement personnel must frequently make split-second and difficult decisions. officer wilson followed his training and followed the law. sources tell cnn the four-year veteran of the ferguson police department, who has been out on paid administrative leave now has plans to resign. through the controversy, wilson managed to keep his personal life private. even his recent marriage to a fellow ferguson police officer. a st. louis county marriage license says the two wed on october 24th in oakland, missouri, some 15 miles south of ferguson. the couple reportedly share a

home in st. louis. this is his second marriage, her first. but what the future holds for them, is unclear. and getting back to the testimony, think it's really important to point out that officer wilson again detailed quite a bit about what happened outside the vehicle and was adamant in multiple parts of his testimony that michael brown he said was running towards him. was charging him as he was continuing to fire his gun. of course has been maybe the lynchpin in all of the controversy over this case. chris, everybody still has a lot of questions for officer darren wilson. even though we now know his testimony. we have reached out as an organization to him and his attorneys multiple times throughout the past couple of months and he's declined to offer statements, we'll have to see if it changes moving forward. given this announcement. >> he'll do an interview, it will be important for him and for the people who want to scrutinize his story that it is tested.

that wasn't done at the grand jury, it could have been, but it wasn't done. so ana, thank you very much for the reporting. this is going to be the cornerstone of their decisions we learn more about the grand jury, alisyn. they got to hear it directly from the officer involved. and obviously it had great sway on them. >> we want to talk more about that testimony right now. so for more on darren wilson's never before heard testimony before the grand jury, we want to bring in paul callan, cnn's legal analyst and criminal defense attorney and former prosecutor and jeffrey toobin, cnn's legal analyst and former prosecutor. ja great to have you here. such compelling testimony. more than an inch thick. this is about the alter case at the police car where darren wilson said that michael brown was able to land a couple of punches on his face. here is what he said to the grand jury -- i felt that another of those punches in my face could knock me out or worse. i've already taken two to the face. and i didn't think i would, the third one could be fatal if he

hit me right. now jeffrey, that actually does not necessarily square with the photos that we see afterwards. of darren wilson where there's no skin broken. there's not much bruising. there is a little bit on his right cheek, but he thought that these were life-threatening punches. how does the grand jury make sense of that? >> well the injuries as you point out appear to be extremely minor. barely visible at all and as we know, mike brown was a 6'4", 300-pound man. would you think if he was punching someone in the face -- >> to kill him. >> the injuries would be considerably worse. >> he's also a big man, too, 6'4", 210, officer wilson. >> what's incriminating to mike brown is the dna evidence and the blood inside the car. there's evidence that michael brown, had his hand at least inside the car. but again, that was not where the shooting took place. this is really the story in many respects of two confrontations.

the one at the car, which does seem to be initiated by mike brown. but then the one where the shooting took place, which is 150 feet away, there the question is -- did michael brown keep coming in way that required officer wilson to shoot him? >> we have a quote from the testimony about that exact moment. let me read it to you. this is about why he decided to fire the fatal shots. he says, michael brown was just coming straight at me. like he was going to run right through me. and when he gets about eight to ten feet away, all i see is his head. and that's when i shot. now, paul, eight to ten feet away is what darren wilson says. the prosecutor says the first shots were fired 150 feet from the police cruiser. >> well i'm not surprised that you see disparities like this all the time in witness testimony. and i think what started in the car is heavily interrelated to what happened outside the car. because remember, in

self-defense cases, it's all about what the officer perceived as the threat. and here's what the officer has said, he has said this individual who was wanted in a robbery charge, had punched him several times in the car. clearly creating a danger that he was going to get the cop's gun. the gun discharges twice in the car. so the cop's perception is this is a 300-pound guy who has tried to kill me in the car. i get out of the car, and at some point in time he's running toward me and he's as close as eight feet. what's going to happen when mike brown is on top of the cop? the cop is thinking he's going to get my gun and kill me. that's his self-defense claim, which obviously the grand jury bought. >> it's interesting because we have to point out, the grand jury doesn't cross-examine the officer. he is giving this testimony sort of unchallenged. >> they have a right to ask questions of him. >> i think they asked one or two. >> i want to ask you about part of the testimony very

interesting, officer wilson calls the area where michael brown was shot, a hostile environment, we can pull this up. there's a lot of gangs that reside or associate with that area. there's a lot of violence in that area. there's a lot of gun activity, drug activity, it's not a very well-liked community. that community doesn't like the police. interesting, because there will be community advocates that point out that community of ferguson is 70% black. there are 50 officers that are white on the ferguson police department. and there are three that are black. well will that speak to some people now in the aftermath of the need for more representation and different style of community policing? >> well-liked is a fascinating phrase. in the context of that. you know, the job of the police is to protect community, not to be an occupying force. and that statement is, is a sort of perfect summary of why a community policing is a good idea. why people with some connection to a community should be the

ones patrolling it. but if we can just go back to the specifics of the, of the shooting. you know, the question i have, and you know, i have, can't say i have completely digested all of the testimony. >> there's a lot to digest. >> and there are new witnesses, including african-american witnesses, who back up officer wilson's story that there was michael brown coming forward towards, towards officer wilson. but the question i have is -- couldn't it have been possible to retreat and delay a confrontation for a while? rather, and wait for back-up, rather than shoot? >> one would argue he was in the position of power, he's an officer he has a vehicle, a badge, and a gun. he lass the law on his side. this is what some of the people in the community are saying, this was an unarmed teenager. yet the testimony shows that the grand jury seemed to believe that he perceived that he was threatened. >> the cops have a difficult

job, there's no doubt about it. and if michael brown was coming at officer wilson, as really the evidence really does seem to indicate that. that is obviously the key evidence in the jury finding, no indictment. i'm just thinking, perhaps there was a better way to handle this. >> i have to disagree totally with jeff on this. police officers, when someone is running at them trying to attack them, they don't have an obligation to run away they're allowed to stand and hold their ground. >> he turned around and he didn't get on the ground. >> we know from the grand jury testimony, that he was, there were witnesses who said he was charging the officer. the officer has testified, that michael brown was charging him. now, yes, he could have run away. but i don't think it's the proper thing to say police officers now have an obligation to run away from suspects. >> no, the question is that the officer perceived that he was charging him. he may not have been charging

him. he may have been turning around with his hands up. which other witnesses said was happening. >> the hands up thing i think is very interesting. we could go to that. some of the witnesses say hands up in a surrender gesture. other witnesses seem to suggest it was a charging gesture. but putting that aside, it's kind of, you see what your, what you want to see. all right? depending upon your attitude toward the police. but the thing that i find interesting from having presented a lot of these cases to grand juries myself, is that the second thing that happens in a case is a police officer, if he's got a guy who is surrendering says down on the ground. and the next thing that happens is the cuffs are put on. that never happens in this case. because the officer says, he never complied. michael brown continued to charge him. so it wasn't really a surrender gesture, says the cop. >> that is what was in the testimony, you're right. he claims, officer wilson said, he claimed he said get on the ground and that didn't happen. jeffrey toobin, paul callan, great to get your perspective.

more coming up on the situation in ferguson, including a live news conference from the mayor and the police chief of st. louis. plus former new york mayor rudy giuliani has strong views about the ferguson protests and how the police response has been. he will join our conversation live.

i found a better deal on prescriptions. we found lower co-pays... ...and a free wellness visit. new plan...same doctor. i'm happy. it's medicare open enrollment. have you compared plans yet? it's easy at medicare.gov. or you can call 1-800-medicare. medicare open enrollment. you'll never know unless you go. i did it. you can too. ♪

>> the unfortunate part of it is what the violence does, it puts a black eye on our community and it sets back the cause of social justice. violence doesn't solve anything. and if we're going to have real change in this community, it's going to take all of us working together. and not committing violence. what happened in st. louis city, largely, largely peaceful protests, but there was some violence as well. as you can see, walking up and down the street, a number of

windows were broken. we had about 21 windows broken here in south grand, about seven windows broken in other places in the city of st. louis. there were 21 arrests, six city, six city violations as well as about 15 felony violations. the chief is going to talk a little bit more about that. i will tell you that you know, here on grand avenue, this is a, a very good community of a lot of people who care deeply about our city, who are vesting in their community. they are working hard to really bring back this area of the city. they don't deserve it people of our community do not deserve even this kind of violence that occurred in the city of st. louis. i will tell you that you know, we're going to be prepared for this evening as well. and i'll turn it over to the chief to let him give his thoughts about what happened and what we're planning on doing as we go forward. >> thank you. good morning. as the mayor said last night, i

couldn't have been more proud of the police officers that responded to this. they were able to address the issues that were presented to them. we worked well with the organized groups to facilitate their marches up and down grand. but at some point individuals, criminals, began to break windows, along this corridor. began to act in a way that none of us really like to see in our city. none of us want to see in our city. at that point we gave an order to disburse, we asked the individuals to leave the area. many of them did. but those that didn't continue to break windows along this corridor. again the mayor said 21 windows smashed. we had felony arrests for unlawful use of a weapon, possession of firearms, so protesters brought guns to the environment. again i couldn't be more proud of the officers, the plan that we had with the national guard to deploy them throughout the city at about 45 locations, i believe did have a positive impact. we did see bands of individuals roaming throughout the city looking for opportunities to commit crime and at every turn.

they encountered police officers or members of the national guard. and so i was very pleased with the way that plan worked. so as we move forward, we're going to continue to see the presence of the police department at organized events, just as we have seen. but you're going to see more of them. and very early on, because we know what's capable of happening in these crowds. now very early on you will see an intervention when we see criminal activity. we do not tolerate criminal activity. we do not tolerate window smashings, looting, crime associated with these, so while we support everybody's right to come out and have their voices heard, you will see a large police presence and when crime starts you'll see as an intervention much more quickly than we did last night. >> were you disappointed the rules of conduct didn't hold bet centre. >> here's what i will tell you. first of all i'm disappointed in any and all of the violence that occurred. and as the chief says, we don't tolerate violence. the people that were committing violence, the people looting, smashing windows, that's not protesting, that's criminal conduct and it's even more than

dis, i'm more than disappointed, i'm outraged by it and it's something that we're not, as the chief said, we're not going to tolerate. also say this, i will also echo what the chief said about the men and women of the st. louis police department. i'm very, very proud of them. they did a great job last night dealing with large crowds and a lot of activity going on at once at different locations. they were professional, they handled themselves with restraint and again, we learned, we're learning as we go forward as well. we learned you know since august 9th on how to do things better and also we learned last night, some things we can do to help prepare us even better for tonight as well. >> chief, can you talk to us about the shutdown of -- >> we're listening in on a press conference with the mayor and police chief of st. louis right now on the other side of your screen, you're looking at live pictures, the first one as the sun comes up here in dellwood, missouri, neighboring here. they're still fighting fires.

some dozen buildings were set ablaze last night. many of them still burning this morning. the police chief said if there's violence tonight, you will see police officers responding more quickly than they did last night. still an open question as to whether or not the national guard will be used more perhaps specifically to protect property which was very damaged last night. let's get balk to new york and alisyn. >> okay, chris, thanks so much. joining us now is former mayor of new york city, rudy giuliani. mr. mayor, thanks so much for being here. >> good morning. >> do you think officials in ferguson were prepared for what happened last night? >> obviously not. the evidence on your television screen demonstrates they weren't. and i fear they reintroduced a theory that is very, very false. it's cooling off theory. we will two riots in new york city and washington heights and in crown heights, with an excellent report actually written by chris's father's administration. governor cuomo. you don't let them cool off. last night i was listening to you know, they're throwing

things, they're throwing things, the cops are backing off, the cops are giving them a little room. you have every right to protest. of you have iry right to scream or yell. the first time you throw something at a police officer, you get handcuffed and taken away. the first window you break, you don't get 125 or 20 minutes of a cooling off period. the report demonstrates that cooling off period leads to worse and worse violence. secondly, they didn't have enough police. they should have had i was, i was opposed by the way to declaring a state of emergency. i thought it created a psychological atmosphere. what i would have done is i would have masked my police, secretly. i would have had twice as many, three times as many police as they had. but i would have had them hidden all over the city. the minute it started, they would have been overwhelmed by police. and they would have been arrested, at the first moment they threw something. not after a half hour or an hour. of having a cooling off period. >> would you have had your

police use tear gas on the protesters? >> i would have had them do anything necessary to stop them. my concern now, last night, my concern was for the brown family. i feel terrible for them. i believe it was a correct verdict. in fact i think it was the only verdict the grand jury could reach. >> why? >> i'm going to tell you why as a prosecutor, you couldn't possibly have won that case. one of the things i was a united states attorney for 11 years. you consider two things when you decide an indictment -- one, do you have probable cause? i don't think there's any question, they didn't have probable cause. but past that, number two, can you win this case at trial? they would have been destroyed at trial. by a halfway competent defense lawyer, because of all the inconsistencies. and frankly, the prosecutor was generous. because of all the perjury that was committed by witnesses whose testimony was contradicted by physical evidence and whose testimony is contradicted by themselves. there are several witnesses who gave three different versions including under oath. so you could never have won this

case. this riot you see today would have taken place six months from now. when the officer was acquitted by a jury. if you can't prove probable cause, how are you going to prove it beyond a reasonable doubt when the witnesses are contradicting themselves. >> i know chris has a question for you from ferguson. chris? >> i got a lot of questions for you, mr. mayor. this is a situation that you became all too familiar with. not riots, not fights over criminal justice. but how do you deal with situations when they go wrong. one of the things i've been suggesting and i want your take on it, sir, is that there's a vacuum of leadership here. the explanation of why this grand jury had to find what it had to find. that you will get arrested at the first moment, that we are ready, and here's how it's going to go and most importantly -- here's how we'll heal. those are things that a leader has to say and this community seems to have a vacuum on that right now. is that a fair criticism, sir? >> it's absolutely fair. in fact when we go back and study this, that should be part

of it as when we went back and studied the crown heights riots and learned from that, there was a vacuum of leadership, a cooling off period for two days that made the riot worse. no attempt to really bring the communities together that really worked. obviously all that work they did since august bringing the communities together was completely for naught. this riot was worse than the one in august. they went from bad to worse. and no one was saying the right, no one was saying the right things. no one was talking about the fact that you can protest, you can yell, you can scream, you have every right to be very angry about this if you want to the first minute you throw a can, the first minute you hurt a car, the first minute you break a window, you are put in handcuffs and you are taken away. and by the way, there will be three times as many police here as you. so don't mess around with us. >> let me play for you, what the police chief and ron johnson, captain ron johnson, who of course was heroic back over the

summer for coming in and quelling some of the outcry. here is what they said at the height of this last night. >> what i've seen tonight is probably much worse than the worst night we ever had in august. and that's truly unfortunate. >> we did not see a large number of clergy out tonight and the few we saw didn't have a voice with the crowd. >> it sounds like he's saying had there been more clergy interspersed in the crowd they could have helped to abate the violence. >> there's no question. we have in new york, a community affairs unit, a very large, very important. they are involved in every single possible civil disturbance. they're people who know the community, they're people who work in the community. they're employed by the city, but they work in the community and they sometimes can ameliorate some of the anger between the police and i don't know, honestly it wouldn't be fair to criticize, i don't know if they had such a thing. but they should have had that. >> i want to ask you about some controversial comments that you

made on "meet the press" over the weekend. you seem to be suggesting that the real focus here should be black-on-black violence. and that white cops wouldn't have to go into black communities if black communities could sort of better police themselves. >> i said the same thing to the president the united states said and i was accused of being a racist. the president said the minorities need law enforcement more than anybody else. when he said it, he wasn't accused of being a racist. when i said it my sad ver sarryes said i was a racist. the point is no new york city the way you determine where to put our police is not racially. we determine it by the numbers. if there are large amounts of crime in this community, we put more police there. if we didn't do that, we would be racist. if i put all my police on park avenue and none of my police where five times more crime is taking place, then i would be accused of being a racist. the police follow where the crime is committed.

and this is possibly because of our history of racism. possibly because of social problems, other problems that we're not dealing with. but the amount of crime in the black community is excessive. 70 to 75% of the murders in new york city are committed by blacks. now i don't say that out of any racial motivation. i say that as a factual statement and as a plea, please, do something about that. when the president was talking last night about training the police, of course the police should be trained. he also should have spent 15 minutes on -- training the community. to stop killing each other. in numbers that are incredible. incredible. 93% of blacks are shot by other blacks. they are killing each other. and the racial arsonists who enjoyed last night, this was their day of glory. the racial arsonists. they don't talk about that. when do you hear them talk about

lou do we really reduce crime. what are the causes? what about family problems? how do we solve them? >> wouldn't it also help to have police officer who is know the community? whereas, darren wilson didn't know ferguson, he wasn't from ferguson. >> it does help. but we've had some terrible shootings by police officers who knew the community. and some police officers will tell you, that the police officers that know the community are tougher. sometimes more difficult than the ones who don't. i think, i think this is a situation in which people have to stop committing so much crime. if you commit 75% of the murders in a city, 75% of your police presence is going to be concentrated on you. >> mr. mayor, i know you've lost your earpiece, but i want to you put it back in for a second. because chris cuomo in ferguson does have a final question for you as soon as you can -- >> i'll get it right in there. >> go ahead, chris -- >> all right mr. mayor, i know you weren't trying to avoid my question. here's what we want to know.

we have an urgency in front of us, there are a lot of big issues about why crime exists, we know that blacks kill blacks, we know that whites kill whites, we've known it for a long time and we know that those root causes have to be dealt with that's not going to happen today. what is your advice for the leaders in this community for how they avoid what happened last night? >> good point. it's not going to happen today. it's going to take years. and blacks kill blacks and whites kill whites. except blacks kill blacks seven times more than whites kill whites. only 8% of the murders in new york city are white, 75% are black. so there's a vast difference. the way it should be dealt with is the community should get together. the clergy should be brought in everyone should be brought in. the police should be doubled or tripled for tonight. the first person, the first person that commits a crime hurts property, hurts a person, tries to loot a store -- should be arrested immediately by a large number of police. that completely overwhelm them.

and all of those public officials should say -- look, it's not going do happen. you're not going do riot. you're going go to jail. you're going to be arrested. no no cooling off period, no acceptance of a little bit of violence. little bit of violence leads to more violence and then it gets out of control and i'm not just telling you this. this is the wisdom that emerged from the report that was done in the crown heights riot and i followed that as mayor of new york city and one thing i never had was a riot. >> mayor giuliani, thanks for coming on "new day." we're following the latest on the overnight protests in ferguson. we have it for you all morning. next a monster storm is set to impact holiday travel for millions of people. we're tracking that and what you need to know. save your coffee from the artificial stuff. switch to truvia. great tasting, zero-calorie sweetness from the stevia leaf.

and our big idaho potato truck is still missing. so my buddy here is going to help me find it. here we go. woo who, woah, woah, woah. it's out there somewhere spreading the word about americas favorite potatoes: heart healthy idaho potatoes and the american heart association's go red for women campaign. if you see it i hope you'll let us know. always look for the grown in idaho seal.

a big storm is headed for the northeast just in time for huge holiday travel for millions of americans. >> let's get right to meteorologist indra petersons keeping track of all this. >> bad timing. the message is if you can get out now do so. everything changes in the next 24 hours, all things to the slow

making its way up the coastline i'm pausing it at noon tomorrow, pretty much your last chance to get out before the rain shifts into snow and it all has to do with the placement of the low for the forecast, keep in mind by thanksgiving already kicking out of here, the biggest travel day of the year for boston, new york, philly, even d.c. on the border of the rain or snow line. what does that mean a tiny shift in the forecast completely changes how much rain or snow you have. the first model heavy amounts of snowfall. you barely get this over just offshore changes everything, more of a wintry mix and lighter amounts of snowfall. looking at all the models the best we can give you on the higher end, new york city, four to eight inches of snowfall but look at places western massachusetts almost a foot of snowfall, same thing as you go in through new england. we'll be carefully monitoring, things change and they change quickly. >> thanks for showing us all the different models.

>> thanks, indra. let's look at some of our headlines we're keeping an eye on for you. an american is among eight people freed from abductors in yemen. sources from the yemeni government say the group was freed in a predawn raid. several abductor, killed during that raid. it's unclear exactly where this operation was carried out. president obama is looking for a new defense secretary. chuck hagel is resigning and will stay in place until a replacement is made. sources tell cnn hagel was forced out. university of virginia officials are holding an emergency meeting today to discuss policies on their campus regarding sexual assault. the campus experiencing days of unrest after that explosive "rolling stone" article revealed details of gang rape at a uva fraternity house. the associate dean of students is now under fire for admitting some students who confessed to

sexual assault were not expelled. you can imagine there will be a lot of unrest in the days coming because of that. >> a lot of protests there. more on our breaking news corrage from ferguson, missouri, when we come right back. consumpn in china, impact wool exports from new zealand, textile production in spain, and the use of medical technology in the u.s.? at t. rowe price, we understand the connections of a complex, global economy. it's just one reason over 70% of our mutual funds beat their 10-year lipper average. t. rowe price. invest with confidence. request a prospectus or summary prospectus with investment information, risks, fees and expenses to read and consider carefully before investing. [ male announcer ] over time, you've come to realize... [ starter ] ready! [ starting gun goes off ] [ male announcer ] it's less of a race... yeah! [ male announcer ] and more of a journey. keep going strong. and as you look for a medicare supplement insurance plan...

expect the same kind of commitment you demand of yourself. aarp medicare supplement insurance plans insured by unitedhealthcare insurance company. go long. insured by unitedhealthcare insurance company. big day? 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. ♪ (holiday mhey! is playing) i guess we're going to need a new santa ♪(the music builds to a climax.) more people are coming to audi than ever before.

see why now is the best time. audi will cover your first month's payment on select models at the season of audi sales event. visit audioffers.com today.

'? -- captions by vitac -- www.vitac.com tear gas just dropped near us. it's going to get very bad here. >> determine that no probable cause exists to file charges against officer wilson. >> mayhem, people running around. >> they're telling us to get to a safe area. >> we're tired of this.

y'all should have seen this coming. >> get back! >> this spun out of control, much worse than the worst night we had. >> this is not just an issue for ferguson. this is an issue for america. >> good morning, welcome to "new day." it is tuesday, november 25th, just after 8:00 in the east. i'm chris cuomo in ferguson, missouri, coming off an all-too-graphic replay of the violence we saw this summer except this was worse, farther reaching and frightening to everyone involved. the anger reached a boiling point right after the grand jury's decision was announced not to charge police officer darren wilson in the fatal shooting of michael brown. it spilled quickly into the streets, erupting into violence. >> i'm alisyn camerota with michaela pereira here in new york city and the impact of that grand jury decision is being seen across the country with marches and protests in many cities so we'll have more on all of that shortly but let's get

back to chris cuomo who had been in the middle of it all in ferguson for the past 12 hours. chris? >> reporter: maybe understandably, alisyn, what happened here was different than anything that happened anywhere else. it is fair to say it was more than was expected and more than was prepared for. buildings burned, as many as a dozen, some intentionally. there's now word there may have been plans afoot making it arson, and not just some random situation, storefronts looted, angry crowds ignoring calls from president obama, perhaps more importantly in this community call from the family of michael brown to be calm and peaceful, to be the change that they all want to see here. meantime, darren wilson's grand jury testimony is now public record. some of the details have rekindled anger in ferguson but may also explain why the grand jury came to the conclusion that it did. here's a look at what happened last night.

ferguson on fire after no indictment of officer darren wilson. as many as a dozen buildings torched as outrage ran through the streets. local authorities thought they were prepared, that tear gas would not be needed, they were wrong. here come flash bangs and canisters coming up on us, getting gassed now. gas shot around reporters forcing the crowds to flee. further down the street, tear gas, police firing more tear gas directly into the crowd. officers trying to disperse the crowd. >> i didn't see a lot of peaceful protests out there tonight. what i've seen tonight is probably much worse than the worst night we ever had in august. >> reporter: all this because a grand jury refused to indict

officer darren wilson. small groups looting businesses and setting fire to police cruisers, tears streaming down the face of michael brown's mother after the decision was read. >> the grand jury deliberated over two days, they determined that no probable cause exists to file any charge against officer wilson and returned a no true bill on each of the five indictments. >> reporter: brown's parents say "we're profoundly disappointed that the killer of our child will not face the consequence of his actions." officer darren wilson's lawyers releasing his statement "officer wilson followed his training, followed the law." minutes after word of the grand jury decision, president obama called for peace. >> putting others or destroying property is not the answer. >> reporter: prosecutors released all evidence presented to the grand jury, 24 volumes of transcripts reviewed by the 12 grand jurors, seven men, five women, nine white, three black. also for the first time we see

photos of officer wilson taken immediately after he fatally shot the unarmed black teen six times, more photos of the scene itself. we now know wilson testified that when he first saw brown and his friend walking in the middle of the road on the morning of august 9th he yells "hey, guy, why don't you walk on the sidewalk" that's when wilson slammed the police door as he tried to exit. the teen hit him ten times, landing two blows, causing minor bruising. the photos showing a swollen right cheek, skrashz on the back of the neck. wilson says after a tussle over his gun and two shots fired in the car wilson pursues him yelling get on the ground. the teen stops, turns toward the officer with "an aggressive face." officer wilson says brown charges him and when brown was only 8 to 10 feet away the officer fires two fatal shots hitting him in the head.

on one level this is about officer willson and michael brown and another level the ripple effect is seen across the country, protests are in cities mostly peaceful, but there were isolated pockets of violence as well. in new york city, a protester confronted the police commissioner, splattering him with fake blood. let's bring in stephanie elam, she's been here in ferguson through the worst of it all. stephanie? >> reporter: out there on the streets the beginning it seemed like it might be calm but quickly evolved and it became a situation where a scene no one was in control. peaceful protests erupting into chaos after the announcement of no indictment. >> what are you saying? that our lives are not equal?

our lives are not worthy, not even a day in court? it's what you just said. >> this is another example of a miscarriage of justice. >> reporter: angry protesters clashing with police hurling bottles, rocks and bricks at officers and the media. protesters attacking police cars, shattering the window of this cruiser. mayhem on the streets looking like a war zone. whoa, whoa. gunshots ringing out throughout the night, flames engulfing several police cars, buildings ablaze, roaring out of control, some burning to the ground. firefighters stretched thin with the number of fires erupting and moving out fearing their own safety. widespread looting, several businesses vandalized, including ferguson market and liquor, where brown had allegedly stolen

cigars before his death. >> you need to get out of the street or you will be subject to arrest. >> reporter: police in riot gear and armored trucks firing tear gas and smoke bombs into crowds refusing to disperse, forcing demonstrators to run. anger and frustration about the grand jury decision spreading across the country. >> don't shoot. >> hands up. >> don't shoot. >> reporter: protesters in chicago facing off with police as they voiced their anger. in new york, massive crowds marching through manhattan reaching three major bridges with one known arrest. protesters in times square even throwing fake blood at new york police commissioner bill brattop. demonstrators gather together along the white house. in oakland, california, protesters shut down the expressway lying down inside chalked outlines drawn on the streets. similar scene in seattle where demonstrators dropped to the ground, with the eyes of the world on ferguson, the man who

simmered tensions this summer, urging restraint in the aftermath of chaos. >> we definitely have done something here that is going to impact our community for a long time. that's not how we create change. change is created through our voice and not through destruction of our community. >> reporter: out here on the other side of ferguson, police eventually pushed everyone away down the street and as daylight is now coming up here, chris, you can see here the ferguson police station that everything does look calm and normal, but some people are waking up to find their businesses are devastated overnight. >> still early, stephanie. let's hope it holds and let's hope we've seen the worst but we have to wait and see. bring in two more people to discuss this, missouri state representative met with darren wilson last week and a friend of darren wilson's who is helping to run the support site for

darren willson. you don't want us to say your name because you're worried about people knowing you support darren wilson because of what may be thought of you. is that right? >> correct. >> have people threatened you because of what you've done in support of darren wilson? >> yes, absolutely. >> reporter: do you think that will end now? >> not any time in the near future. the protesters have made it clear we're seeking out supporters of darren wilson and his family. >> reporter: what has kept you going with something scary enough to make you disguise yourself. why do it? >> because it's the right thing for justice to be served and make sure to keep officer darren wilson safe and support his brothers and sisters in blue. >> reporter: representative ferguson, not in your district but you represent the people here in a larger sense. what do you say to them when there are obvious calls this

wasn't justice? >> i say look at the evidence as the grand jury did. prosecutor mccullough gave the community the benefit of sharing that evidence and particularly the physical evidence which debunks a lot of the statements that were made initially by witnesses. the physical evidence isn't moved by emotion or news coverage or anything else. it speaks for itself. >> reporter: a lot of talk about the grand jury. do you think that it was helpful to darren wilson that it went to a grand jury? do you think the prosecutor should have owned it, had a public felony hearing and put it all out there for people to see, maybe it would have been better for him? >> it would have been easier but what we know now of the evidence he looked at the evidence and didn't believe there was a reason to charge but he went the extra step, took this to a grand jury and let them analyze the same evidence he had and they reached the same conclusion.

>> reporter: you met with officer darren wilson. >> yes, i'm not going into the details of where and when. i represent the police officers in the area and involved in raising noun pay for officer wilson's legal defense and i just wanted to check in on him as he struggles through this very difficult time. >> reporter: did you are have any doubts about the officer's story? >> about the officer's story, no. the outcome, yes, but not the officer's story. >> reporter: and that's been a big thing from pretty earlry on word from those around darren wilson, he didn't expect to be indicted, he felt what he was doing was unfortunate but within the parameters of what he was allowed to do and yet there had to be some doubt. when you heard the words from the prosecutor that there's not going to be an indictment what was that like? >> it was a sigh of relief across the entire law enforcement community. >> reporter: you think it's not

just him, you think this extends to the brothers and sisters in blue? >> absolutely. >> reporter: why? >> because they're all fighting in the aftermath of this now and it could have been any one of them. >> reporter: in your hand you have a letter. it is from officer darren wilson. >> correct. >> reporter: he wrote it himself? >> correct. >> reporter: and what is the message in it? >> the message is thanks to his supporters, would you like me to read it? >> reporter: sure. >> i'd like to thank all of you for standing up to me. your support and dedication is amazing it's hard to believe all of these people i never met are doing so much for me. please keep my family of blue in your hearts and prayers. they've worked through heat and rain to ensure the riots and protests were as safe as it could be. there are many support groups, we are darren wilson on facebook and answering that request to help his brothers and sisters in blue, the gofundme and people

can buy merchandise and every proceeds helps law enforcement, giving to the st. louis police wives preparing the meals for the guys working in the cold, and any need that is requested of us with our funds. >> reporter: the difficulty now will be though there will be no criminal legal action taken against him what does he do? we know he got married that's a great testament to how he felt about his future. do you see him coming back to be a police officer? >> nobody knows what the feds are going to do, they could indict him on charges. >> reporter: the possibility is remote. >> sure, there's also an internal investigation under way inside the police department to determine if he violated any department policy, he could be subject to a wrongful death lawsuit. the future is far from certain for darren, and while we turned the page in this story it's far from over. >> reporter: do you think he wants to be a police officer? do you think he wants to be in

this community? >> it's what he's wanted to do his whole life. he just has to figure out what the reality of the situation is going forward. >> reporter: without betraying confidences or telling his own story he did decide to get married. how did he deal with the time between august and now? >> i choose his right to privacy. when he wants to speak he'll speak for himself. >> reporter: it's a huge relief? >> not just for law enforcement but citizens and the community. >> reporter: also he must not feel its eight over because of what the representative is saying, still things hanging over his head. >> absolutely, he hases to worry every day about his brothers and sisters in blue getting hurt. >> reporter: you have sunglass answer hat and don't want your name to be known, what does that mean for officer darren wilson if he were to come back into the community? >> his security and safety would be of grave concern and whether he can work with a law enforcement officer in missouri again is a question that is

unanswered. >> reporter: and what do you think he would want to say to the people out here protesting? >> stop. i mean, listen, there were calls for justice from the minute this shooting occurred, and this is the system we have of justice in this country, and it's seen its course and enough's enough. this is disrespectful to michael brown's parents. they asked that this not happen and it future stop. >> reporter: what do you think needs to happen in terms of to figure out the issues with policing in this community? >> well that's a larger question, and there are a lot of us on both sides that are ready to have that conversation, but this only gets in the way of it. >> reporter: haven't seen a lot of elected out here, you're out here because you're working with the union. there's a need of leadership. last night was bad. we hope it's the worst. everybody's saying that, it will be the worst but hopefully they

have to make sure they do things better today. do you think that leadership will get involved and have the right meetings today? >> to the governor and the president's credit and prosecutor mccullough urged calm and peaceful protests. >> reporter: people know what the consequences are, seems like they didn't have it last night. >> well it's not for lack of police presence. police were here to keep the peace and the angry elements in the crowd weren't going to have that. >> reporter: you can't have the community and those in charge of keeping them safe have to be one. there has to be more of a connection that's here and i know you're working toward that. thank you for joining us, representative, appreciate it and you who shall not be named i know there's relief for you and we hope that your life gets back to normal going forward >> thank you. >> reporter: and thank you for bringing us the letter, appreciate that. all right, so we're going to talk about this story a little

bit different angle you've been hearing. there's a woman, she shot the infamous video of michael brown lying dead in the street after he had been shot by officer darren wilson. we're going to bring back piaget crenshaw because she was a witness and what she thinks of the verdict and the strong community action that has ensued? what will happen next? stay with us. than ever why now is the best

time to be on verizon. one: verizon's the largest, most reliable 4g lte network in the country. that's right america.

with xlte in over 400 markets. two: and here's something for families to get excited about. our best pricing ever! get 2 lines with an incredible 10gb of data to share for the low price of $110! or just $140 for a family of 4! and three: get $150 credit for every line you switch. the more you switch, the more you get. verizon. i'm spending too much time hiring and not enough time in my kitchen. [ female announcer ] need to hire fast? go to ziprecruiter.com and post your job to over 30 of the web's leading job boards with a single click; then simply select the best candidates from one easy to review list. you put up one post and the next day you have all these candidates. makes my job a lot easier. [ female announcer ] over 100,000 businesses have already used zip recruiter and now you can use zip recruiter for free at a special site for tv viewers; go to ziprecruiter.com/offer5.

here to go with the five things you need to know for your

"new day." number one the fires and violent protests continuing on the streets of ferguson, missouri, overnight following the announcement that officer darren wilson would not be charged in the fatal shooting of michael brown. university of virginia board members are holding an emergency meeting today, they will discuss the recent allegations of sexual assault on their campus, this meeting comes after days of protests over horrific allegations of rape at a campus fraternity. yemeni security forces freed eight hostages including an american kidnapped by terrorists. it's unclear where the operation was carried out. we know, however, seven of the abductors were killed during the raid. the president today will head to chicago pushing his executive order on immigration with business leaders. in the meantime the incoming governor of texas is trying to gather support for a lawsuit against the order. the head of the phoenix hospital at the center of the v.a. scandal has been fired. sharon hellman was on administrative lead amid revelations some 1,700 patients

hadn't bean placed on proper waiting lists and may never have received care. we update the five things to know, visit newdaycnn.com for the latest. another story, big story this morning, president obama looking for a new defense secretary. chuck hagel resigning after less than two years as the head of the defense department. was he forced out and who might replace him? barbara starr is live at the pentagon. >> good morning, alisyn. president obama in the market for his fourth secretary of defense. chuck hagel the only republican in the obama cabinet now out. did hagel jump or was he pushed? that's the big question. secretary hagel basically pushed out by a white house that was looking to make a foreign policy change in that national security team, by all accounts. they weren't going to fire susan rice a close confidant of the president. secretary of state john kerry very public, very high profile, he wasn't go to go. hagel essentially becoming the

last man standing. now who will replace him? what are the leading contenders, michelle flournoy, very competent and knowledgeable, said to be one of the leading contenders on the short list to replace hagel. even so, she or any nominee is going to face a tough confirmation fight on capitol hill, the senate armed services committee led by senator john mccain and the new congress in january, very tough on the president's foreign policy, very critical of the white house. this may wind up having a lot more to do in their eyes with president obama and the white house than it had to do with chuck hagel. alisyn? >> all right, barbara, thanks so much for that update. back to our top story, a key witness in the michael brown shooting, a woman who reported the aftermath with brown's body lying in the street will join us next with reaction to the grand jury decision and the uproar in ferguson. (vo) nourished.

rescued. protected. given new hope. during the subaru "share the love" event, subaru owners feel it, too. because when you take home a new subaru, we donate 250 dollars to helping those in need. we'll have given 50 million dollars over seven years. love. it's what makes a subaru, a subaru.

man: [ laughs ] those look like baby steps now. but they were some pretty good moves. and the best move of all? having the right partner at my side. it's so much better that way. [ male announcer ] have the right partner at your side. consider an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. go long.

insured by unitedhealthcare insurance company. get to t-mobile and knock out your gift list. with zero down and zero interest on all the hottest gifts. like the samsung galaxy note 4 and the note 10.1, plus the beats solo 2, the ue boom and more. yep all of them, zero down, zero interest. we know, we're out of control. looks like the big guys job just got easier. welcome back to "new day." there are still a lot of questions to be answered

following the grand jury's decision to not indict officer darren wilson for killing michael brown. prosecutor bob mccullough pointed to several factors in why he believed this happened including witness testimony that was either inconsistent or deemed not credible. one of the witnesses we saw michael brown shot was piaget crenshaw, she shot the infamous video of brown lying in the street after the shooting. ma'am what is your name? >> karen lewis. >> reporter: thank you very much for being with us. piaget, how are you doing today? >> i'm good. >> reporter: were you surprised to hear there would not be an indictment? >> honestly no, because of all the leaks but if there hadn't been leaks then yes. >> reporter: you went into the grand jury. >> i did. >> reporter: you testified? >> i did. >> reporter: did you feel that you were believed by the men and women? >> well, the grand jury of 12 members they were fair, they were actually asking questions,

didn't seem biased. it was more the prosecuting attorney. >> reporter: how did you feel about the prosecuting attorneys? >> well, they kind of cross-examined and they kind of put words in their mouth almost to where you had to tell them no, this is not what i said and this is not what i meant but this is what i said and this is what i meant. >> reporter: so you felt that they were testing your story. >> yes. >> reporter: and pushing to see if it were true or not. >> yes, which is completely understandable in some respects. >> reporter: did you get to hear anybody else's? >> no, not at this time yet. >> reporter: and so you were m feeling that only because of the leaks. >> if a whole group of people are telling you the same thing a whole bunch of people aren't going to make up the same lie. >> reporter: the prosecutor said there were inconsistencies, you said red and green, you said red and i lie about saying green. if you were sitting in the box

and listening to it, as one of the grand jurors you start dismissing everybody and darren wilson gets his testimony and he doesn't have that problem of people checking him on his story the same way. >> right, of course, when you compile your story after witnesses compile theirs, what more could you get? >> reporter: let's go back to what you think you know. what do i say it that way? i'm a lawyer and as you know, counsel, that's what it's all about. testimony is always a variability between what we think we saw and what we actually saw. what do you think you saw on that day? >> definitely what i saw was his hands go up and whoever other witnesses looked like to say that his hands were down by his side or up in the air or perpendicular, which ever way his hands were still visible in a manner could you tell he was unarmed so at that point where are his hands were at, he was unarmed and should not have been shot. >> reporter: so he's unarmed and then there's surrendering. >> yes. >> reporter: do you think you know 100% that that's what michael brown was doing?

>> yes. i don't believe anybody would show their hands to the police unless they were surrendering or trying to tell them there's no weapon in my hand. >> reporter: when he did that hand gesture, this was near the end, this was near the end when he had his hands out like that, right? >> he got shot his hands were up. >> reporter: they were up? >> yes. >> reporter: what happened after he put his hands up before the shooting began in that moment what happened? from when his hands were like this to when the shooting happened, what happened? >> it all happened so quick, i can't really specify little detail of everything but i just know he got shot quickly and one of those shots did go to his face and that's the part that really got me. >> reporter: the officer says "i thought he was coming at me." >> even if he did appear to be moving closer to you, you could still see he was visibly unarmed and even if you had a good amount of distance between you guys, i don't understand why he would fear for his life. >> reporter: do you think that the officer is telling the truth

when he says "i thought the kid was coming at me." >> honestly, yes, just like all the witnesses, how everybody's story was just off a little bit. everybody's eyes they saw what they saw. in his eyes he saw what he saw. >> reporter: could it be explained that way his hands may have been like this or however you say you saw him but he was moving towards the officer. >> that's the part that i don't understand. that's why i really thought it might have been an indictment, taken to trial because of the hands up, whether they were anywhere, they were visible, it doesn't matter. >> reporter: but did you see him moving toward the officer? >> i did not. >> reporter: what did you see him doing? >> i saw him fall. >> reporter: just fall. >> falling. >> reporter: never saw him moving towards him. >> that's what i didn't see. >> reporter: so how do you explain it? >> that's what everybody else is asking, how do you explain this? >> reporter: what did you think of what happened last night to your city in. >> honestly, i was appalled about all the fires.

i expected the looting, but the fires, i honestly, ferguson market, somebody set on fire. i took the time on myself, a woman took three gallons of milk and put the fire out so the ferguson market wouldn't burn. i asked people to help, i did that by myself, so honestly, somebody who has to live around there, we don't have a quick trip anymore, we don't have it anymore, this is all we have here. >> reporter: people are angry but you believe they're hurting themselves because it's their community where they live. >> completely obvious and sad to say it's really my generation that's doing this. the older people, the more wise people are coming out and shutting 44 down and leading peacefully. the young people, high schoolers, i saw middle schoolers out there like not good decision making. it was all bad decision making. >> reporter: what needs to happen here? how do you get past this? >> honestly, it needs to be a

total reform. that's the only way i could see like a total reform, the police department, we need a total reform of new laws like just a total reform. >> reporter: you think it will happen? >> i think it's a possibility. >> reporter: you have hope. >> i do. >> reporter: what about for tonight? >> i hope it's nothing like last night. >> reporter: you think it will be better? what's the word? >> honestly, because i feel like everybody, they were acting in the moment, and they got it all off their chest last night, i'm really praying that tonight will be better. >> reporter: this is one of those times things look bad and we got thanksgiving two days away and it's one of those times where you just have to count your blessings and people have to think about what is good, what can be good because on the face of things right now, people have a lot of reason to see only the bad. >> exactly. >> reporter: and we'll see whether or not people have it in them here right now to move past this, thanksgiving two days away it will be a real testament. >> i'm so sorry for the families

that got directly impacted by these events that unfolded. >> reporter: piaget thank you for auking abo italking to us t. i know you're cold. we'll get you warm now. counsel, thank you for being with us. >> appreciate it. the decision certainly riled up the city of ferguson, but this question of why and how did the grand jury get to where they did of not indicting is going to be haunting until we get more proof and now you have it, the explosive evidence, the grand jury review, including what wound up being the most telling, what darren wilson says what happened, we'll examine why he said he believed he was forced to shoot an unarmed teenager named michael brown. stay with us. ronald reagan: i've spoken of the "shining city" all my

political life. in my mind it was a tall, proud city. and if there had to be city walls, the walls had doors, and the doors were open to anyone with the will and the heart to get here. barack obama: that's the legacy we must leave for those who are yet to come. my fellow americans, we are and always will be a nation of immigrants. we were strangers once, too. ronald reagan: that's how i saw it, and see it still.

violence erupting overnight after the grand jury in missouri decided not to indict police officer darren wilson in the shooting death of michael brown. smoke bombs were used, tear gas was certainly used, there was violence, there were fires that lasted all night and into right now as well as a lot of looting. so we have to look at why the two major events occurred. one, why did the grand jury come to the conclusion that it did and secondly why did last night go as badly as it did. we have perspective people following it and who lived it. van jones, sunny hostin and cnn anchor don lemon, my partner for a large part of the evening last night. let's first look at what the heck happened last night. they've been preparing for a month, they had a plan, they had a state of emergency, they

brought in the national guard and it all seemed to go south. former mayor rudy giuliani, here's what he had to say. >> there was a vacuum of leadership, a cooling off period for two days that made the riot worse, no attempt to really bring the communities together that really worked. obviously all that work they did since august bringing the communities together was completely for naught. this riot was worse than the one in august. they went from bad to worse, and no one was saying the right things. no one was talking about the fact that you can protest, you can yell, you can scream, you have every rightyell, you can s have every right to be very angry about this if you want to. the first minute you throw a can, the first minute you hurt a car, the first minute you break a window you are put in handcuffs and taken away and by the way, there will be three times as many police here as

you, so don't mess around with us. >> reporter: there was clergy here last night. they were not given the freedoms they were the if tirs time around. leadership is often about being present, we haven't seen the names and bold-faced presences you'd expect to see in a situation like this. do you think that's fair criticism? >> i do. i was critical of rudy giuliani because on the morning shows sunday came off as racist but he's absolutely right, he knows how to run a big city. in my estimation there's been too much political correctness trying to appease protesters and i don't mean appease the people out there peacefully. there was nothing peaceful about last night. it was hard to be peaceful in that crowd but i think trying to appease some people i think that there needs to be a stronger hand with people who are marauding the streets and people who had the potential of setting fires, we saw what happened, had a potential of harming people,

we saw that played out so i think the mayor was absolutely right in his comments. there has been a vacuum of leadership here and also been overly politically correct in many ways. i don't want to offend anyone. i don't want to come off as racist. doesn't matter what color one is marauding or looting, black, white, purple or green. if you're breaking the law you have the potential to break the law he is right. you need to be arrested and held accountable. >> reporter: shaking your head? >> i saw it differently. first of all especially when things first went bad the vast majority of people were peaceful. >> van that's not true. i was there last night that's not true. >> we were out there together, you had your view, i had my view now. the vast, vast majority of people at the very beginning were trying to be peaceful. down the street a bunch of knuckleheads start a bunch of nonsense and they started bombarding with tear gas. most of the people out there for good reasons started to leave in large numbers. that boiled it down to a small

number of people who were left either social bloggers and videographers or people starting to start something. >> the social bloggers and videographers were people looting and burning down buildings? don't do this to me now. hold on a second. what did you, explain the part that don is talking about. the looting was going on by large numbers of people. >> listen, there were large numbers of people out there, there were grown men out there crying, there were large numbers of people not out there to cause trouble. once the trouble makemakers started, most that were out there for good to a smaller number of people. >> the planning, we knew that the grand jury had reached the decision by probably around noon. then we knew an announcement about the announcement was going to be made around 5:00 from governor nixon. why wait until 9:00 p.m.

eastern, 8:00 p.m. here. >> reporter: their answer is solid, let the schools and businesses be closed, less people on the streets to be affected. >> many of the schools were already closed, chris. we knew the national guard had been moved in a day before. lot of the businesses were already boarded up and closed. i think they held it too long and i think actually it was reckless to try to control a crowd in the dark. who does that? >> sunny is right. the anticipation of a ball game or an event, what are they going to say? is he going to be indicted, not indicted? why is the prosecutor speak so long long. she's right. van, i'm sorry, you're wrong. the small number of people out there may have started off as peaceful but most of the people who were out last night we're not blind. >> we can all agree the looters. >> and the people who were burning, yelling, running. hang on one second let me finish. when people say why aren't you reporting on the peaceful people? how do you know who is peaceful in a crowd of people who are

racing towards you? how do police know whether it's water or urine or molotov cocktail in a bottle? people say why are they getting upset, why are they arresting people and fighting back who are throwing bottles. >> reporter: here's one circumstance to tie this part together and move on with what happened with the grand jury. people keep likening this to los angeles. of it was not los angeles and god forbid if it becomes anything like. hundreds were killed and injured there. to the proportionality last night if we had huge numbers of people intent on violence we would have had it in huge numbers. >> exactly. >> reporter: let's just leave that part at that. >> i can't necessarily let this stand. this is an insult to the people out there trying to get out there last night. >> reporter: let him finish, don, let him finish so we can move on. >> i am going to speak now.

now listen, what was just said is an insult to the people of ferguson who have done more than 100 trainings for nonviolence. you said there was no leadership out there. the leadership -- >> i didn't say there was no leadersh leadership. >> don, will you let me finish? >> you're attributing things to me that i didn't say. >> it is unfair to the people of ferguson who put in tremendous amounts of work to try to keep a lid on things who were out there trying. the idea that people only came out for negative reasons is not true. the other thing is the idea people were being too pc. that is not true either. you saw large numbers of police who were saying exactly what needed to be said, you have to get out of the street. you cannot, remember, order after order, and after the orders came here comes the tear gas. lot of mythology created and not fair to the people who were trying to be peaceful. >> this has nothing to do to the people of ferguson who wanted peaceful protests. of course they have a right, you cannot say the majority of people who were out there last night were peaceful protesterses. >> he can, that's his opinion.

let's be better than what we were dealing with last night. you disagree on the point, both lived it. let's leave it with you for now. >> i agree with the people about ferguson. >> take the agreement where you find it. >> grand jury, rudyulianie, probable cause not even close. you cannot win it. lot of people said this prosecutor couldn't have won this case. ethically you can't bring it to a grand jury if you don't think you have a shot. >> he did bring it to the grand jury so he must have felt there was evidence to bring before the grand jury for possible charges. the standard for probable cause is so very low, it's not beyond a reasonable doubt. it's just a tipping of the scales. is it a crime committed. >> reporter: you have people, let's use van and don. they're telling stories at the same thing, saw the same thing, telling totally inconsistent stories but they'll dismiss them

both and listen to darren wilson even more. >> that's the point. >> i've got to tell you, i read darren wilson's testimony last night. >> reporter: you don't think it's probable because you don't understand what happened. >> that goes to the process. that goes to the fact that the prosecutor. >> reporter: it wasn't a suggestion of what you were saying, hype tetical. >> the prosecutor conducted this grand jury in a way that we've never seen before. he threw every single piece of evidence in front of this grand jury, evidence that would not be admissible at trial, that is not how you conduct a grand jury process, it was less than transparent. >> reporter: why is that an error in inclusion? >> i'll tell you why. >> reporter: why isn't that a good thing? >> if you give a finder of fact more evidence than ever even less guidance than ever, it's called a data dump. it's a document dump and you wind out with people unable to make sense of it. >> absolutely. >> that's what happened. and there's no question that this was not a prosecutor seeking an indictment. i've been in front of grand

juries and presented cases. . is not how it is done. you present a streamline case, you guide the jury, you provide guidance in terms of law. >> leadership. >> this prosecutor was not seeking an indictment. the other thing i want to mention quickly. >> please. >> it was a 92-page sort of testimony from officer wilson. i've never read something so fanciful. he described an encounter that i just don't think happened in that way. >> it would in hollywood. >> it worked on the grand jury though. >> for the first time he said that michael brown in broad daylight was reaching into his waistband. he said that michael brown was so strong it was like a 5-year-old against hulk hogan. remember, officer wilson is 6'4", over 200 pounds. this is not a tiny guy, not a small guy. this is supposed to be a trained police officer. it's bizarre. we don't know what the grand youry believed because we don't know the vote. we haven't heard from the grand jurors and we're not going to and that goes to show you this

prosecutor knew this process was not going to be as transparent as he claimed it was going to be. >> final word on, this i want to ask don about tonight. >> good, reason, if the prosecutor doesn't prosecute, it's impossible to get an indictment, and what you have is a prosecutor who was not prosecuting. he didn't say listen, i went in there, i tried to get manslaughter, i couldn't get it. i tried to get jaywalking, i couldn't get it. he didn't try to get anything and therefore he did not get anything. >> do you feel that you know that? >> i feel very, very certain. >> absolutely. >> that given the conduct of had this prosecutor -- listen, i'm an attorney, she's an attorney. i'm telling you, i've seen cases like this a million times. >> he came out last night and said exactly the opposite. he did everything. >> it was intellectually dishonest. >> and the people in ferguson are very wise. i'm not talking about the looters, i'm talking about the vast majority of people in ferguson. they said this guy can't be trusted to do a good job. governor, send in someone we can trust. the governor refused to send in a special prosecutor and we got

exactly what the people of ferguson said we're going to get. >> lack of leadership all around. >> let the lawyers handle the legal part. >> here's what we need to worry about now, the changes that need to happen in this community and many communities like this one ain't going to happen today but we are going to have day goes into night and have to worry about another situation. do you think that they can get their act together and figure out how to do it better tonight? >> i think they're going to have to, no question. i don't disagree with what van said. i don't think, though, that we saw the vast majority of the good people of ferguson on the streets last night. that's not what we saw it play out last night. >> the situation brought out the worst of everyone. thanksgiving two days away. we got to start thinking about our blessings, not to be polyannish but be pragmatic going forward. >> to the young people in ferguson who were trying to do the right thing, you're not wrong to care about your neighbor. you're not wrong to try to organize for positive change, and you're not wrong to feel

hurt and sad. you can show more leadership today by saying listen, this is not how we want to show ourselves to the world. it's disrespectful to the mike brown family to do this again. the young people now can step up where the older generation has failed and i beg them to do that. >> that's not what we saw last night. those are the people we saw last night. >> these are the changes, sunny, thanksgiving is two days away, hug it out. >> hug it out. >> we do this all the time. >> back to you in new york. >> chris, it's been wonderful to see your reporting out there. you've given us a front row seat on all of the intensity in ferguson. >> appreciate it. >> thanks so much for that reporting and to all of the panel out there also. >> we had a great team out there in ferguson. we have our first look at the testimony the grand juries used. we bring in paul callan and jeffrey toobin. great to have you back with us. the testimony from darren wilson

is more than an irnlg thick here inch thick we've been poring through. sunny hostin said he almost uses cartoonish imagery to talk about the first altercation at the car with michael brown. let me read you from his testimony. he says first, "when i grabbed him" when they started to get into a physical fight "the only way i can describe it i felt like a 5-year-old holding onto hulk hogan, that's how big he felt and how small i felt from grasping his arm." he goes on to say "the only way i can describe it looked like a demon, that's how angry he looked. he comes back towards me again with his hands up." jeffrey, this gives us a real window into the mind-set of darren wilson while all this was happening. >> it does. but it is worth remembering that initial scene in the car he's

talking about, the gun went off twice. that's very serious business. >> darren wilson shot his gun twice in dns. >> you can understand why that he felt like he needed to use vivid language. i still am less convinced that the confrontation outside the car, where michael brown died, he was justified, but you know, you can understand why he was deeply threatened by what went on in that car. >> i think just focusing on that imagery, obviously he's referring to a cartoon character when talking about those things but it doesn't surprise me because he's trying to be i think as vivid in getting his point across to the grand jury that i was terrified, and i think if you step back and look at the whole picture, it starts in that convenience store, and people should remember that video. you've got big michael brown, grabbing a little guy by the neck, throwing him up against the wall. now by the way, that's literally

ten minutes before he encounters officer wilson. >> but darren wilson hadn't seen that video. >> i'm talking about when you try to figure out who's who in this saga. is it possible that mike brown acted in this violent a way, because what happens next is wilson says, i backed the car up, when i became aware that they were the robbery suspects. they pushed the door closed, and then brown gets into the car, tries to get my gun. i could feel his finger on the trigger, says wilson, and the gun then discharges twice. wilson was afraid he was going to be killed. so in wilson's mind, someone has just tried to kill him, and now they're trying to escape, and that person, by the way, is a wanted felon. so what does he do? he gets out of the car, and pursues, and i think the grand jury looked at this and said what's a cop supposed to do in that situation? >> what is a cop supposed to do? after that situation, where you have a physical altercation with someone at your police cruiser and gunshots are fired, you can't drive away from that, can you?

>> sure you can. you absolutely can. there is no reason to initiate a confrontation if you can avoid it. there is part of the being a cop is to get help, especially if you feel like you can't handle the situation. >> he's already radioed for help. >> he's already radioed for help but you know -- >> he's supposed to run away from the bad guys? >> the situation or stay away from the bad guys. >> stay away and then do what? no, no, then do what? then he runs off the street, into whatever, you know, housing areas are there and he gets away. and then maybe is a danger to the public. remember he only knows michael brown is a guy who was just involved in a robbery of a convenience store. >> pushing back on the point you make, paul, he stole cigarettes. >> with the use of force which is defined as a strongarm robbery. that's a felony under missouri law, new york law, anyplace else. >> true enough but he also ended up dead. >> yes. >> and we don't have the death

penalty for stealing cigarellos. >> let me get to another topic, i'm curious about any of, you showed the real ream of paper f the testimony. would any of that play into a federal case if prosecutors decide to look at a federal case? >> certainly this is the key evidence in a federal case, but given federal law, i think it's extremely unlikely that there will be federal charges. it's a harder threshold to meet and basically involves proving racial hostility, racial animous required to use for a federal prosecution. if they couldn't prove this, it seems even more unlikely. do you disagree? >> no. >> i figured you'd agree on that. >> we agree on one but only one. it's very difficult to make a

federal case here and i think -- >> civil case do you think? >> in the zimmerman case about a federal case, you notice we haven't heard anything more about it, they're hard cases to make. i think a civil case could be filed, it undoubtedly will be filed by the family and you know know something? it will depend on whether they get a sympathetic jury. >> before we end this hour it's important the statement from michael brown sr. calling for calm, because the scene that we saw with chris and all of our reporters overnight is not the scene that they would have wanted for their son, because again what we're looking for here is the family figure they'll get a civil case, the potential for federal prosecution. can i bring up that statement from the father? i think this is really telling basically saying this is not the way they want michael brown's legacy to be. "we are profoundly disappointed that the killer of our child will not face the consequences of his actions. while we understand many others share our pain we ask that you channel your frustration in ways that will make a positive change. we need to work together to fix

the system that allowed this to happen." >> those people who were breaking windows and setting cars on fire were betraying michael brown, they weren't honoring him. >> paul call an and jeffrey toobin thank you for being here. it's time for "newsroom" with carol costello, don lemon and chris cuomo. >> thanks so much, have a great day. "newsroom" starts now. -- captions by vitac -- www.vitac.com jeerks an explosion hive decision. >> they determined that no probable cause examinists to file any charge against officer wilson. >> reporter: igniting outrage in ferguson. >> what are you saying, that our lives are not worthy? >> we've had enough, enough racism and enough bigotry. >> windows smashing, fires burning. tear gas billowing. cnn reporting in the thick of it. >> tear gas. >> people are throwing stuff at