damascus and baghdad, lebanon. the iranians have felt empowered in this. >> we have to leave it there. that's it for me. thanks for watching. erin burnett outfront starts now. breaking news the police officer in the fatal south carolina shooting caught on tape fired today. we now know the victim walter scott was shot five times. four times in his back. walter scott's brother. who captured that crucial video of the shooting. until tonight that man was unknown. speaks out for the first time. the boston bomber guilty will he get the death penalty? let's go outfront.

good evening. i'm jim sciutto in for erin burnett tonight. breaking news the shooting death of an unarmed black man in south carolina by a white police officer. the man who filmed the video who was unknown, spoke to nbc news adding details about the moments before he started recording. >> they were down on the floor. they were down on the floor before i started recording. they were down on the floor. i remember the police had control of the situation. he had control of scott. scott was trying just to get away from the taser. >> that contradicts the officer's version of events that scott was trying to take away his weapon. also the police officer was fired today. a family attorney just revealing to cnn that walter scott was hit

by five bullets. four in his back and another in his ear. that was as he was running away. angry protesters con fronted the town's mayor and police chief at a press conference earlier today. that familiar chant of no justice, no peace. the mayor revealing there's one more video. police dash cam video that's not released. that video could be crucial to what happened in the minutes leading up to the deadly shooting. jason carol is outfront. we heard from man who shot this video. without it you can pretty much assume that most of america would not know about this case. what more can you tell us about him and how he understanded up ednding up getting this on tape. >> reporter: he is faden santana. he said he was on his way to work when he saw them together. he saw them argue. he saw them fall to the ground. he saw the chase.

he saw it all. scott's family telling us they are very grateful that he decided to come forward. they're not the only one who is are grateful. the city's mayor speaking out saying he too is grateful this young man stood up and brought the video forward. >> reporter: the nay your and police chief interrupted by vocal and angry protesters demanding answers after seeing the video that shows michael slager repeatedly shooting walter scott in the back. she's in jail charged with murder. the video has ignited calls for reform who say police are too quick to use excessive force. how did the incident unfold? according to police the officer pulled over scott right up the street there for a broken taillight. there is the empty lot where the

shooting took place. right next to it is the alley where the man was standing who recorded it all. the video starts as slager and scott appeared to wrestle over an object possibly a taser. the video shows an object falling to the ground as scott turns and runs. the key portion of the video picks up where i'm standing. this is where the unidentified man was standing about 20 yards or so away from the officer. he then records as the officer shoots scott several times. you can see there where scott fell where a memorial has been set up for him. the video is clear. it shows the officer as he pulls his gun and fires eight shots. according to scott's family four strike him in the back. at no point is heard slager heard yelling a warning or stop. he just shoots. the video shows him calling for back up. >> shots fired. subject is down. >> reporter: then he's seen walking over to scott and once scott is on the ground slage are

does shot a command. >> put your hands behind your back. >> reporter: he puts him in handcuffs and turns to retrieve an item on the ground and appears to drop it next to scott's family. scott family's believer the video shows him to plant the taser next to scott's body. the mayor expressing his grat feud to the man who shot the video for coming forward. >> the video is very demonstrative of the exactly what happened. without the video and that was the only witness there was actually was the gentleman that was making the video, it would be difficult to ascertain exactly what did occur. we want to thank the young person that came forward with the video. >> reporter: the family wanting to thank him as well. in terms of how the video actually got into the family's

hands, scott's brother tells me that on sunday they went back to the scene of where it all happened. they were doing a special tribute for walter scott there. at that point faden came up to one of the family members and said there was something very important that i have to show you. that's first time that they then saw and heard about that video. >> extremely important for sure the scene behind this story. thank you very much. i want to go now to walter scott's brother, anthony scott joining us along with the scott family attorney. anthony, first, i want to say how sorry we are for all your family is going through certainly the loss of your brother but seeing it playing out again and again. we're thinking you have as you go through this. i want to ask you if i can about that encounter. as you went down to the scene of the shooting and he told you he had this video.

we just heard from him for the first time tonight. describing the moments before the shooting where him saying the police officer in the case had control. he didn't appear to be under threat for your brother. i wonder if he told you the same thing when you spoke with him and what was your reaction to that? >> he said you have to look at this video. he said that your brother showed no resistance at all. >> no resistance. you can see that in the video there. it's good as well to have you there chris stewart. i wonder this video has played such an important part many this case. the police saying there's another video of the shooting dash cam video from the police car of the officer. have you or any of the family members been able to see this video, and to your knowledge are there other videos out there that might show us the moments leading up to the shooting that

the witness was describing when he spoke with the family? >> we're not aware of any other videos of the incident. there probably is dashboard cam video of the initial stop. where the shooting took place was nowhere near where the cars would have been. i don't know if they're referring it to the reason he was pulled over or the stop. i don't see how it could have caught the incident because the cars were in a different area. >> to your knowledge, no other witnesses that might have recorded any of the moments leading up to the shooting as well? >> no we haven't heard of any other witnesses in that area other than faden, who is now that people can see him, hear how amazing his testimony is and how it backs up the video. >> no question. i also want to talk about the police department's changing story here. initially, based on its public

comments believed the officer's version of vaentss. back on april 4th a statement released by police saying a man ran on foot from the traffic stop and the officer deployed his department issued taser in an attempt to stop him. that did not work. an altercation ensued. as the man struggled over this device, that's what they said during the struggle, the man gained control and attempted to use it against the officer. the officer only resorted to his service weapon and shot him. the police chief was asked today at the news conference when he realized that there was something wrong with that initial account of the officer's story. listen to what he had to say. >> the videotape yesterday for the first time. i had no reason to rely on anything but the evidence that

we have. >> anthony scott, i have to ask you, if it weren't for this video shot do you believe the police would have investigating your brother's death any further? >> i do believe they would have. >> you do. that's an expression of confidence. i wonder, chris if you agree as well? >> yes. >> chris, do you believe in your experience -- >> they would have had to investigate it. they would have had to investigate further, would we be here today, absolutely not. they would have investigated furd and further and this would have went the way of the officer's word because there's nothing to contradict it even though his brother has five bullet wounds in his back. that would have went along as every day business because the cops would have trumped it. that's what happens in these cases. >> right. anthony, i wonder if i can ask

you as well, we saw protesters disrupting the mayor and police chief today with the familiar chant first becoming familiar during the ferguson protest, no ferguson no peace. are you concerned, is your family concerned that these protests could happen in south carolina as well? are you worried about that and what would you think if that would happen? i know your family says you want there to be a peaceful response. you want to let justice run its course. >> that is correct. we would like for justice to have its course. we don't want any rioting or anything of that sort. we want peace. we would like for the answers and the truth to come out and a change to be made. that's the only thing we're looking for here for everybody involved. >> no justice, no peace. the problem is if we don't have peace, we can't get to justice

in this case. this thing is going perfectly. we're fighting hard for the family. the man has been arrested. we're going to fight to make sure that he's prosecuted. we're going to file the zifrlcivil claim so his children are taking care of. his family is starting to heal. no peace would wreck everything this man stood for, the man who died stood for. it gives other officers reasons to be trigger happy like this guy was. we're going to sit down calm down and we don't expect any kind of violence because people understand how things can positively be resolved by stepping up like this witness did. >> no peace, no justice, a valuable thought. very good to have you on. next new details about the officer's past record. has he been accused of using excessive force? new data showing police shot

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white police officer who shot and killed a black man has been fired. he's now facing murder charges after this graphic video surfaced. it shows the victim walter scott unarmed, running away while the officer michael slager fires eight shots. tonight there's new questions about the officer's past. this is not the first time he's accused of using excessive force against a black man. bryan todd is out front. bryan, i know you've been looking into his past his history. what do we know about the officer who shot and killed walter scott? >> reporter: jim, we have obtained police records about the officer indicating that on at least two occasions he had complaints filed against him. in the most serious, this came in september 2013 after he responded to a burglary report. he approached a residence. there was a man inside the front door who said he was not the suspect and a local witness very

close by yelled that the man inside the front door was not the suspect. still the officer, according to this report pulled the man out. the man's name is mario givens shoved him down dragged him and tased him. the complaint was filed but he was exonerated. he's been known to use his taser. he was exonerated in that case. in the north charleston area this is not the first time an officer has been accused of harming a black man. what did you come with up? >> reporter: i'll tell you about a state newspaper analysis. police have fired weapons at 2009 suspect-- 2009 suspects over the past five years. none of those officers were ever quicked. we have a couple of cases to

site for you where throughout the state of south carolina police officers have been accused of improper use of force. march 2014, a north charleston police officer sued for excessive force against a black teenager. in february of last year a white police officer was charged with misconduct. also charged with discharging a firearm into an occupied vehicle after fatally shooting a black man in his driveway. in september of 2014 a state trooper shot and wounded an unarmed black man during a traffic stop. those just three examples of cases here in south carolina in a little over a year where police have been accused of excessive or improper use of force. >> bryan todd on the case tonight. . we also have retired nypd detective. in a second we'll be joined by elder james johnson. he was on the scene of the shooting on saturday morning

days before that video was released. i want to start, if i can, with you harry. as we do this i want to focus on some specific parts of this video in the aftermath and before the shooting. we'll show this up on the screen here. michael said that walter scott tried to take his taser from him and he felt threatened. here we see a dark object that could be the taser on the ground as scott is running away and you can see the officer there in firing position firing those eight shots, five of which hit him. after he was shot we see the officer leave where scott was down on the ground run back to pick up what appears the same object. possibly the taser. we don't know that for sure. based on the circumstances it appears to be possible. next frame. here we're going to focus in on it. does this piece of video show

the taser being dropped. you're a police officer 24 years this new york. when you look at that evidence i'm not asking you to be judge, jury what does that look like? >> something looks funny. the way he dropped it it was like he was walking and like he wasn't dropping it. >> like he wanted to hide what he was doing. >> the assumptions it might be the taser. we can't tell. we have to get the video enhanced. we have to read the real police report. even though he was videotaping, he was probably a lot closer to see what was going on. >> did you ever catch a cop prfor planting evidence? >> yes. >> so it does happen. paul i want to talk to you about the legal requirements for

making the use of deadly force acceptable here. clearly the police first account in this case was false based on what we have seen in the video. what do you need to justice deadly force. can i threaten you, run away and can you shoot at me or do i have to be threatening you at the time? >> that's a great question. the law has changed. back in the old day, you watch the old detective movies in a felon was running away you could shoot them down. the law has changed. the supreme has ruled a police officer can use deadly physical force only if being threatened himself or if pursuing a felon who has endang terered the public loop looking at that video i don't see the public endangered. i think it's a clear cut case of not being able to use deadly force. >> it's so shocking. i want to go to elder james

johnson. he's the president of the national action network. as you see that video i know you've seen p it a number of times. do you believe you're witnessing murder in that video? >> it's a clear cut of murder. i applaud the police department for coming out quickly and arresting him and charging him with murder. >> paul i want to ask you as well, you've tried a lot of cases like this. there's another detail to this video. after scott is shot the first thing the police do when they come up to him and not apply medical care put pressure on his wound, they handcuff him. >> i found it to be disturbing. i'm a former had had prosecutor. you're asking harry about people dropping or cops dropping guns. well there are a lot of stories about cops carrying a second gun to set up a scene to make it

look like self-defense. as an internal affairs officer i'm sure you saw situations where that happened. here this looks like a classic example of that. it's followed then by you have this man on the ground who's been shot in the back five times. can you imagine the pain that mr. scott was suffering and his arms are dragged behind him and he's handcuffed. >> inflicting pain. >> maybe causing his death even sooner because of that. you can say police officers are supposed to handcuff suspects, but not in that situation not one has man has been shot in the back and bleeding to death. >> we heard those familiar chants during the press conference today, no justice no peace. what do you believe the response will be if this officer is not convicted? >> that's in the hands right now. if he's not convicted and sentenced to either life in prison or the death penalty,

they will be much more uproar here in charleston south carolina. it's a clear cut. we see it. everybody see with their own eyes that this man was murdered. no justice, no peace. there will not be peace if this man is not convicted and sentenced to prison. >> we did hear from the family earlier saying they want peace so that justice can be done. thanks very much to elder james johnson. great to have you on as always. next police caught on camera using excessive force. without the video, would these cases ever be investigated. video captured the moments leading up to walter scott's death. what do we know about the life of the coast guard veteran and father who was the victim of this shooting.

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welcome back. breaking news in our top story tonight. the man who captured the crucial video of a white police officer shooting and killing an unarmed black man is speaking out for the first time. he's contradicting the officer's version of events. >> they were down on the floor.

they were down on the floor before i started recording. they were down on the floor. i remember the police had cntrol of the situation. he had control of scott. scott was trying just to get away from taser. >> the officer had said that scott was trying to take his weapon. many say that without this video he would not be facing murder charges. atika is outfront. >> reporter: the video is shaky taken on a cell phone but clearly shows walter scott running, his back turned to michael slager who fires eight shots. scott's family lawyer says he was hit five times. four in the back one in the ear. this video is the crucial peace of evidence. without it the officer may never have been charged with murder. camera phones are everywhere and

just by recording an event that you're witnessing any citizen could be gathering evidence but do you hand this over without a warrant? >> it's absolutely a choice. the police do not have the right to take people's cell phones away. >> i'll need your information and i'm going to take your phone. >> reporter: just last week this officer in new jersey demanded a witness hand over his video of the an arrest. authorities turned down our request for comment and it's unclear how the video was released. it shows an officer who appears to sit and punched an unarmed man before police dog clearly bites his arm. shortly after this video white died in police custody after officers reported he was in respiratory arrest. >> they're going to be subject to scrutiny. >> get your phone out.

>> i'm already doing it. >> reporter: in an indiana force excess i have lawsuit. it led to this. >> reporter: the fbi investigation concluded to criminal or civil rights violations occurred and the two officers returned to duty late last year. still the hammond police department said it will purchase body cameras. >> my gosh. >> reporter: this cell phone video led to a 1.5 million dollar settlement beaten on the highway been a california patrol officer. he resigned. this video made all the difference. >> thank you for the footage for the video. >> reporter: she survived. eric garner did not. the video shows the unarmed man being placed in choke hold by new york police officer. the grand jury decided not to indict the officer in the death. in so many cases of police abuse

of power, videos like this are proving to be key pieces of evidence. it's kind of a gray area when police can seize your phone. there are some exceptional circumstances like traffic violations like texting while driving but generally if you witnessed an event and recorded it's your choice whether or not to hand it over to police. police can file for a search warrant to venal gather evidence from your phone. >> we're joined now by a retired nypd detective and cnn political commentator. these cell phone cameras, i got one in my pocket now, everybody is a cameraman. is it changing the way police officers do their jobs? >> without a doubt. i'm hoping it's changing it. i'm actually for these cams that police officers wear. this will change the way investigations are conducted and

what police officers involved in incidents with civilians. i think it will stop some bad police officers from doing some bad things. i'm for it 100%. nobody can take somebody's cam away. if you're out there and you're videotaping a police officer doing some kind of action on the street and if you're not interfering and staying clear away from it the police officer really can't come and tell you you have to take the camera away. >> the number of these videos, they shed light on something there's very little data about. there's no law that requires police departments, 18,000 police departments around the country, to submit this kind of data. do you think these videos will take the place of that data and make law enforcement more accountable for their actions? >> i hope they don't take the place of the data. i hope they force the police departments to be more transparent and offer the data. we need to mandate it's accessible to the people. that's what we want to see.

these videotapes give us a window into the experiences that many people have all the time with law enforcescement not always being killed. the things that we are told that are overstated by black and brown people. this opens up a whole new conversation. >> from a police perspective, would they want to have body cameras. it would corroborate their own stories? >> exactly. >> if they're accused of something they do. i know a lot of police officers are against it. people have to understand that the police department is evolving. we need to change with the times. like i tell everybody police officer, young police officer i know today, when you wake up in the morning and go to work i want you to pretend you're being videotaped and you might see are what you did on youtube the next day. the police officers think of that all the time then we shouldn't get into the officers. the officers that want to do something bad, it will keep them from doing something like that. >> that would only add to the credibility of the police force.

all of us should think of that when we think of that in the morning. >> i'd love to get video on a lot of cases i have. i wasn't afforded the opportunity to get that video. >> let's look at the numbers. we tried to crunch the numbers as best we could. according to the fbi's latest nshl crime report there were 461 justifiable homicides. they tried to analyze that data. it has a lot of flaws but it's incomplete. they took a narrow cope and looking at tines shot by law enforcements for two years. 2010 to 2012 the rate for black males, 31.2 per million. the rate for white males, 1.5 per million. 25 some odd times. i wonder mark what do you make of that data? i want to make it clear this is not complete. a particular kind of case and

time frame. does that prove anything to you? >> as a social scientist, i'm reluctant to say such a small sample size proves something. it's something we have been saying for decadedecades. a wider size might yield larger numbers. to the bigger point here is why does this happen? i don't think that all police officers walk out on the street and say i'm going to go around killing black people. this officer on this tape seemed to have a different kind of pattern than most police officers have. i think many people believe they use reasonable force. the problem is our collective understanding who have and what black people demand a more intensified response than white people in the same situation. that's where retraining comes in. body cameras suggest that police

can be reformed. we need a radical change in the way we think about law enforcement. not a reform measure. >> harry i want to give you a chance to comment. i want to show our viewers new video. this is of the officer being debriefed after the shooting at the scene by other officers. perhaps you can see in the video him describing what happened and what led him to shoot. that's the officer on the right hand side making the hand motions. this taking place just after the shooting took place. we just had this video come in now. it looks like he's telling his story and what we now know is that the story he told based on the police's local police initial comments was not true. he described being under threat. he described how scott tried to take his taser away from him. we're seeing that play out here right now. that's first time we have seen this video. i want to ask you to respond harry,

harry to mark. 26 years on the force. in your experience you investigating police as well in your experience did police approach black suspects and deal with and handle black suspects differently than white suspects? >> not that i could see. when you approach a suspect, you're not looking at the color of skin. you're looking at the color of his hands. you're looking to protect yourself. it depends on what you're approaching the for, what the crime is. it's got nothing to do with skin color. it's got to do with me being able to go home at night and not being shot. you've seen by instances where police officers approach someone. there was another video where a guy was sitting with his hands in his pockets and took a gun out and shot the police officer six times. that was a white man and a white police officer. it's got to do about what the crime is you're investigating. >> we're scratching is surface

here. a very difficult, challenging issue. i want to thank you for beginning the conversation. we'll continue. next will officer michael slager be found guilty of murder. why some experts think despite the video he may not be convicted. next will he get life in prison or be put to death? ng. but you see, with the help of her raymond james financial advisor, she had planned for every eventuality. ...which meant she continued to have the means to live on... ...even at the ripe old age of 187. life well planned. see what a raymond james advisor can do for you. 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.

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breaking news on the black man shot and killed by a white police officer. the man who captured this crucial video showing the victim running away as the officer fires is speaking out for the first time. he tells nbc news that the officer did not need to shoot. >> mr. scott didn't deserve this. there were other ways that can be used to get him arrested and that wasn't the proper way. >> also tonight we're learning new information about man killed in that graphic video. >> reporter: walter scott new lives in our minds for the way he died.

for his family the 50-year-old struggled in an inperfect world and his place in it. he came from a large extended family. he was one of three sons. >> i had two brothers. i had two brothers but now i have one brother. out of my brothers he was the most out going out of all of us. he knew everybody. >> reporter: that outgoing personality brought him to the u.s. coast guard at age 19. he served for two years until a drug related offense led to an involuntary separation. got received a general discharge under honorable conditions when he left in 1986. his family says the years that followed brought ups and downs. scott's first wife and mother of his two older children died. scott remarried, had two more children but that marriage ended in divorce. unpaid child support piled up and according to south carolina

authorities, a warrant was issued for his arrest. that may be why, says the scott family attorney, he ran from the officer. his brother says he was a huge dallas cowboys fan and was happy the last time the family was together. scott's parents just celebrated their 50th anniversary where he danced with the family he loved. >> he was kind. he loved his children. he was a great father. he was a great father. he was a good friend. he was a good brother. he was also a great son. >> reporter: we did take a look at court record. everything we found was traffic related or related to child custody issues. you have to go back almost 30 years to find the only instance of violence on his record when he was 21 years old and assault and battery charge. >> tonight, cnn legal analyst mark o'mara. he was george zimmerman's

attorney during the trayvon martin trial. great to have you on. the officer charged with murder in this case. do you believe he'll be convicted? that would require premeditation. >> well, the first-degree murder charge does require premeditation. that can be momentary. it's a nuance but it can come after you have an opportunity to reflect. if he had one or two shots that may not be premeditation and otherwise would be a second-degree murder charge. second-degree is when you're acting in the heat of passion, a sudden fight, a sudden provocation. here is the problem. you look at that videotape and you see him drawing down and shooting eight times with a slight change between or break between the 7th and 8th. someone's going to say on a jury that was an opportunity to reflect and then when you keep shooting it turns it into

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tonight the boston bomber found guilty on all charges. the jury deliberated for 11.5 hours before announcing their verdict today. 17 of the 30 charges against dzhokhar tsarnaev carry a possible death sentence. four people were killed as a result of his actions. now lawyers and those same jurors will prepare themselves for the sentencing phase. john shelton is a criminal defense attorney and represented the dc sniper john alan mohammed. guilty on all 30 charges. 17 potentially carry the death penalty but interestingly, you don't believe this necessarily means he will get the death penalty. >> it doesn't mean he will get the death penalty. there's really two more stages before the jurors can pose a death sentence. in a federal capital trial, it can be a little bit confusing but really are three stages. first, guilt/innocence and during sentencing there are two steps the jurors will have to take. the first is going to have to

decide whether tsarnaev is eligible for the death penalty. and to do that they're going to be given aggravating factors, such as significant planning or was the crime committed in the course of other crimes? was the killing committed in the course of other crimes or and then the jurors are going to have to find one of the factors and there's many non-statutory factors that the government can present. if they don't find any of those factors, then they cannot select death. first, they're going to be asked to find an aggravated factor. if they do likely in this case an aggravating factor exists, they'll be given other aggravate aggravating factors and mitigating evidence from the defense and asked to select between death and life. >> let's talk about the defense for a moment because judith clark is his lawyer and she's got a very good record of keeping very big names off of death row.

the uni bomber killed six others. what makes you believe she's so good. takes a war with the state to some degree, death penalty legalized homicide. that's what she's battling had so much success? >> had a lot of success. she's smart, she's flexible and she's compassionate. and trust her. i think what you saw during the guilt/innocence phase, she conceded guilt. i think a lot of the jury during the guilt phase by conceding what she had to concede, because she will be going back to the jury and asking to make a tough decision. the life instead of death and the only way she's going to do that i think, is if she has credibility and trustworthiness. >> that's right. the same jury that considers the

sentence as well. john sheldon, thank you very much. outfront next the new secretary of defense made a candid statement with the new emerging terror threat from the chaos in yemen. that's right after this.

the u.s. war on terror and it's coming straight from the new

u.s. secretary of defense. ashton carter warning now that al qaeda in the arabian peninsula known as aqap is exploiting the chaos in yemen to expand its terror network and threat. >> you see them making great gains on the ground there as they try to take territories, seize territory. and of course aqap is a group that we're very concerned with. we all know that aqap has the ambition to strike western targets including the united states. >> u.s. is now increasing its aid to the saudi-led coalition fighting in yemen as well. and friday a special edition of outfront. erin live in south korea with interview with defense secretary carter live from south korea this friday. i'm jim sciutto. "ac360" with much more breaking coverage of the south carolina shooting. good evening. thanks for joining us. we are live tonight from north

charleston south carolina where as you know a man by the name of walter scott was shot multiple times in the back by a police officer who has now been charged with murder. tonight, my conversation with a remarkable woman, the mother judy scott. her son killed by a local policeman who today lost his job and now as, you know faces murder charges for shooting walter scott again and again and again. judy scott is enduring the worst pain a parent can experience. that's not surprising. what is surprising and what you're going to hear tonight in the interview is that at the worst moment in her life she is experiencing incredible sense of faith and incredible strength and even forgiveness. she has forgiven she says the man who killed her son. you will hear that from her tonight. that man is michael slager. he was fired today less than 24 hours after being charged with murder. police chief eddie draeger today