tonight, i'm don lemon. it's exactly 10:00, just before 10:00 here in baltimore. you can hear the police helicopter and this is the fourth night in a row for a city wide mandatory curfew that is now in effect. baltimore city is different tonight. there is jubilation in the air after the stunning turn of events that nobody expected, at least not this soon, the six officers are now charged in connection with his death. and now that it is 10:00 p.m. eastern time people are wondering what is going to happen now because people are still out on the streetsz. they have been told there is a curfew that has to happen every night. and they have been saying that this curfew should no longer go into effect after what's

happening now. the state's attorney, mosby left no doubt where she is on this issue. >> the findings of our comprehensive, thorough and independent investigation, coupled with the medical examiner's determ nagds that mr. gray's death was a homicide, which we received today has led us to believe that we have probable cause to charge criminal charges. >> so, today i sat down with her for a very candid discussion and she talks from the heart about why she became a prosecutor. >> he was mistaken as a neighborhood drug dealer and if it wasn't for the testimony of a neighbor who coopera raerated w police and testified in court, our family wouldn't have received any kind of justice. >> we have a lot to get to

toon tonight. we're hearing a police helicopter over head tonight. and they have been making those announcements every single night. it is 10:00 p.m. for most of the time during the week. except for what happened on monday, everybody has been complying. but it seems they are not complying. there are still people out in the streets and in the parks. police are lining up where we are and getting ready to arrest people, i would imagine if they don't comply to this. i want to get to cnn's miguel. where are you and what are you seeing? >> reporter: we're in the crowd here at city hall and it's a civil disobedience going on right here. on the march, many protesters talking about defying the curfew tonight and you can see the

helicopter took off and has been circling around city hall for the last several minutes. and right on the out skirts of city hall, the media vans are set up over here. we're going to go right over here, guys. the police have riot shields on one side of the block and on this side, they have the horses here which will move in as well. and you can see at the end of this block how they are starting to assemble as well. all the police in riot gear. i can hear the clock on city hall ringing 10:00 p.m. this could perhaps be the most tense evening. people in this crowd expecting that curfew would have been lifted now that charges have been brought and there is a different sensibility in baltimore. so, it's a wait and see now, don. >> it is.

and we have been out here every evening and it appears they have complied. the question is what are they going to do if the folks here are not being unruly and as you said, it's civil disobedience and they're not burning or looting anything, they're just standing their ground. the question, miguel is what happens now? >> reporter: well, i think just like you've seen up at pen and north, they will try to move people out. it seems people are starting to get to their feet now. it's unclear exactly what is happening -- >> miguel. >> reporter: -- flout the police. yes. >> i want to get to the camera where we are. that's my hand. so, just behind me, we're seeing police officers here lining up behind us and they're in their

riot gear. tactical gear, i could say. getting ready to go. >> reporter: don, look at this. >> go ahead, miguel. >> reporter: here they are. this is the back side of city hall and you can see the police lining up here. they're bringing in the heavy trucks that they've had, the armored trucks that they've had all week and the police are now beginning to line up and they're coming in from both sides. >> they're telling them on our side to come in as well if we can get to the camera where we are. let's get back to the camera where we are. they're telling them to come in. there they are. riot gear coming in over our shoulder and they're getting the police here from city hall, they're about to move in on them to get them off of the park here. >> reporter: they're all lining

up. they have almost -- >> and there is the announcement from the helicopter telling people to go home that there is a curfew in effect. so, the camera where we are is on the left of the screen, where miguel is is on the right of the screen. take the full center camera in front of me, if you can, and i can show the police officers are right behind me. you can take that camera. and you can see behind me here. there they are and they're getting ready to move in. and asthma gel said, we heard the police helicopter going in and out over head. so, we're just going to stand here and watch and wait with you. this is happening for us. we don't know what's going to happen. and so we're trying to figure it out as well.

miguel, where are you in this crowd? what's going on where you are? >> reporter: we're at the far side of city hall park where police are lining up now. i will jump in the shot so you can see where i am. it looks to be at least 100 police officers and from sheriff's officers, police officers, it doesn't look like it's all baltimore pd, in fact, it looks like it's all departments from outside of baltimore, but they have been coming together on this side. and it's about 60 or 70 and most of them have sat back down and clearly they are intent on engaging in civil disobedience. they are a very mixed group. african american, white, looks to be a lot of students in that group as well. so, clearly these are people who have planned this. i did hear some of the chants

during the march down hooere th they were -- >> back to our camera. they're moving in miguel where we are. >> reporter: they're moving on your side as well. >> and so the people have -- they've sat down in the park, the protesters and now these officers are about to approach the protesters in the park who are, for the most part, many of them sitting down and they're standing their ground in the park. so, miguel, let's just be quiet for a little bit and see what happens here. see how this all plays out. so, bear with us, everyone. so, if you're just joining us, it's eight minutes after 10:00,

after curfew has come into effect in baltimore. police are now entering the crowd of protesters. here we go. brian todd out in that crowd as well. they're moving in. miguel is out there. they're arresting people. you can see the arrests. there they are. we're going to let this play out for you. brian, i see you. let's listen though, brian. >> reporter: we're moving out, don. >> let's listen. >> reporter: okay. don, the police are saying for us to move back. we're moving back. they're pushing people out of the plaza. leading with their shields and basically moving us all out of the plaza. if you can hear me, i'm not sure if you're taking our shot here.

>> we can hear you. >> reporter: they just arrested a few people there. and if you can zoom in there. they're still arresting a couple people at the corner of the plaza. they have moved in and as they move in and pushed us all back -- they said move back. >> i need to get to miguel marquez. what do you have? >> reporter: we have at least three arrests. talked to a few of these guys who have been arrested. we're going to walk right by your position now. >> take your camera. >> reporter: we're walking right behind you. three arrests. just been take out of city hall park. most of the people scattered and went towards the horses where we were earlier. pretty dramatic scene with

people sitting in the park waiting to be arrested. >> and we see more people being arrested back that park as well. >> something needs to happen. >> so, he's saying something has to happen and so this is where they're bringing them now and they're going to continue with their arrest procedure. >> and we see a mad rush -- i don't know if you guys have a camera over there on the park. but there's a mad rush on the other side of the park over here next to the media -- >> they're taking into city hall. >> okay. brian todd, what are you seeing? >> reporter: don, can you hear me? >> i can hear you, go ahead. >> reporter: we had a real may

lay over here. we're being moved away from the satellite truck where there was a may lay between police and protesters. we have one on the ground being arrested. the police are trying to move us out of the plaza but there was just a really fruinatic maylay where there were several protesters pushing against police. we were right here when it started. it was an older police commander, a man in a white shirt came in and grabbed one of the protesters and started to pull him and that's when the protesters started to converge on them and these riot police came in and shoved everyone around and got this man on the ground and heeds rr being apprehended. they're letting us get pretty much right on top of this arrest

right here. but they moved us out of the plaza. go ahead, jason. >> reporter: so, don, we're here as two people were brought under arrest. a man and woman. this man right here taken into custody. you can see he's been handcuffed and the one behind him there, that is a woman and she was also taken into custody here. we're not too far from brian todd's location. a number of officers descended on these two here and two others who were on the other side by that pole right there and this all started, as you know, about two dozen protesters or so formed a circle in the middle of the kwaud area in front of city hall and they're now taking them into custody and putting them into some of the wagens over here. i got to tell you, don, a few of the protesters and i want to

emphasize just a few, made it very clear from early on, they were not going to honor -- >> we're having an announcement here from the officers. we're going to move back. >> reporter: made it clear they were not going to honor the curfew. and so they made it clear early on this evening, they were going to stay and i said, what happens when the curfew comes and the police comes and they said, we'll get arrested. and just to emphasize a small number had made the decision very early on that they would be arrested if necessary. don. >> jason. hey, jason, i don't know if you can hear me. such a difference from tonight versus other nights. jason, if you can get in that crowd, i'd like the hear what people are saying and take us in the middle of it, i would really

appreciate it. >> reporter: well, sure. let's see if we can move in here, don. as another one is being taken under arrest. you can see another one being brought into custody here. this is all happening very quickly. we'll try to catch up as we can. my photographer, jimmy, is pretty fast. >> and just let us listen to it if you can, jason, once you get there. >> reporter: so, as we move through here. >> back up, back up. >> reporter: sure. absolutely. >> my name is danielle. 10/31/82. >> reporter: can you explain what happens at this point when people are taken into custody?

she has a legal observer. and what happens in situations like this is they have people on the ready, on the stand by, you see what she has on the t-shirt, legal observe and they get their names and numbers and they often times have funds for the ready to bail these people out once they're taken into custody, that's sometimes how this work and these protesters who are used to doing this -- >> i feel i'm being arrested unjustly. this is my city. these police don't live here, i do. i think i'm being arrested for standing out here for justs for freddy gray and for all the residents, the black community -- >> so you're arrested for the curfew? >> the curfew is -- we're under military occupation right now.

>> reporter: so, don, you heard it there. one of those being taken into custody. what they're doing is very slowly moving some of these people who have been arrested into the van right there. >> we've lost contact with jason but miguel is still out there. 17 after the hour, we're here live for you in baltimore, maryland. i'm out here with our correspondents and we're watching arrests. it's 17 minutes after a mandatory curfew has gone into effect for the fourth night. what are you seeing, miguel? >> reporter: this is one of the persons who was arrested. why are you doing this? >> protesting. >> reporter: why is it so important to do this? >> justice for all people. >> reporter: this is a very chaotic scene and police are

starting to move down the street because there are individuals behind us and they're trying to form a cordawn around the people being arrested so we can't speak to them and more than a heavy armored truck going after the people up the street. and you can see individuals there that took off once the police moved in here in city hall and here come the horses as well. police clearly not taking any grief from anybody tonight here in baltimore. a little surprising that the night would end -- why is that? >> over here, over here, over here. >> reporter: why is that? this is -- >> i'm asking iyou to move down here, sir? >> reporter: are we under

marshal law? because the media has the right to be here. i would prefer to be right here. >> miguel. >> reporter: so, they're letting us go through. so, we're going through. it is shocking that in a state like this that it would come to this. most police officers have let us move fairly freely but tonight, clearly, they want us to stop. i don't know that it is going to serve their purposes. don. >> yeah. and i understand that you're very frustrated and you do have the right to work but we need you on tv and don't need you to get arrested but you're quite right, we should be -- >> reporter: another arrest coming through. >> go ahead. >> reporter: they just brought in another person that was

arrested. so i've counted maybe 8 or 10 arrests tonight, maybe more given the locations they were moving through. >> it's surprising, miguel that they're -- and stand by -- go ahe ahead. >> reporter: it's just a little shocking that they're media back to the sidewalk as well. i think the first amendment still remands in baltimore under a curfew and tonight police are changing that rule, don. >> i want to find out what's different about tonight. you guys have been here observing this with us since it started on monday. what's different about tonight? >> certainly it started out differently. after the state's attorney's decision to charge everyone, there was this celebratory mood

that we experienced all day. a lot more people here on the plaza in city hall, but also a lot more people after 10:00 p.m. as you've noticed, after 10:00, it's been very sparse, here there were so many people and i think we saw the police a little more aggressive than we've seen them before. this is the first time i saw riot police with batons that were exposed and they moved rather aggressively. this is the first night i've seen that. >> and we're seeing mountys. police on horse back. i haven't seen it. i don't know if they've been out there. >> i'm not surprised by this at all. we've seen that all afternoon. but the curfew is in effect. it's not a surprise to anyone that 10:00 p.m. is the curfew. they were warned, told by police

move back, please go home and so now if you don't comply, you're going to be arrested. >> brian, what do you have for us? >> reporter: don, they just moved members of the media behind, so they have the mounted police officers over here. and not only have we been pushed back here, we can't see arrestees being processed on the other side of that horse. i can tell you that someone mentioned a moment ago that they were much more aggressive. and clearly much more aggressive than we saw at the corner of pennsylvania avenue and north as they were mingling, even after curfew, asking to go on the street and they brought in local community leaders to move people back and they did. they did come in with the loud

speaker again asking for curfew. it was clear that some were going to defy that and just sit there. and again, showing a much more aggressive and agitated tactic than they did last night, don. >> miguel, i know they were moving you back. what's your situation now? >> reporter: well, we've been able to step a few feet off the sidewalk as you can see they are putting most of the people they have arrested in this van. and they created a little space and if you can step up there, eddie, you can see one person, i believe her name is dawn, she engaged in this civil disobedience because it was worth it and she believed that -- she wanted justs for african americans.

and surrounding it with both officers on horses and they're holding the pepper spray and are prepared to deploy it and clearly trying to keep the media out of the area that they want to operate in, despite this being a public space, don. >> and miguel, you know -- i would say right lee so, you got a little feisty there and so you know what these protesters are dealing with in some instances, because you're dealing with it as well. it's a curfew, but not for you though, talk to me about that. >> reporter: and not a curfew for people who are working as well but i guess when it comes to city hall, there are different rules that there applied. this is not a city under marshal

law, this is a curfew. it does not mean that the rights go away and that there is a police state, it means it is a curfew. and if there is a public sidewalk that one wants to be on and you're working, like members of the media, you can be there. and it's particularly ironic that it's happening here at the base of city hall. >> yeah. i want to get to ryan young also out in the crowd. where are you? what do you see? >> reporter: i'm right here, accally. we're right in front of that cvs and they decided to clear the area here. look back, you can see the officers standing in the middle of the street. there are some people who have left and some media have left as

well. they have put us in a pin area to keep us out of the way. some have decided to stay in the street but you can see the officers who are now spreading out into the street and it's happening right now, live. as you can see, now some of the folks woo are pushing this direction but most of the people part of the community have already left. so you can see the officers filg in here now, don. we are in the pen area that they have asked us to stay in for this evening. >> i want to keep with these pictures but i want to bring in law enforcement expert and a legal expert here. first to you, mark, legally, you know, miguel is right that it's working press but what are the rights of the protesters? they're out past the curfew. what happens now? >> i mean the curfew is the law

of the night. it hasn't been withdrawn, although i think should have been, so this type of civil disobedience is understandable because the concerns about the curfew is that there would be violence or overreaction to the frust tlagz community felt over charges not being filed. that's over and it seems to be more celebratory, but until it's undone, their are subject to detention. i can understand miguel's frustration because they're supposed to have unfetered access to what the cops are really doing. let's not forget that the officers are probably feeling a bit frustrated that six of their own were charged with various very severe crimes. so i would imagine that they are a bit frustrated right now with anyone, including the protesters who are standing in the way of them enforcing the curfew.

>> all right. david, you know, on other nights, they gave the protesters a little bit more leeway, a little bit more time to get their acts together and to go inside or go wherever they're going to go, this seemed a bit different because it happened just a couple minutes after the hour, after the curfew. >> i think you're absolutely correct it's different. and i would disagree with the hypothesis that they're frustrated and acting differently. this is a command decision from well above those line officers. there's two things we need to understand, one, the law has been stated. it was very clear, so anybody who wants to claim we didn't know about it is wrong. and there's all sorts of behind the scenes intelligence of who is in the crowd and we're not

privy to that -- >> hate to cult in on you but have to tell you that police are on the move and it's where ryan young is. ryan, can you let us know what's happening? >> reporter: well, they have advanced positions and they have come right up to the pen and the officers have decided to tell everyone to move back. there were some media members who decided not to move out of the streets. and the media members have made sure that they have told everyone to move and they have done that. so you can see the situation, the officers have come up to us, put their shields up and they have cleared the intersection and now they are up to us. most of the night we have seen celebrations and theyody to cle inside this pen. and you can hear the

announcement by the helicopter. >> you are subject to arrest. >> reporter: they want to make clear that there are many people here saying they are media members and they want to make sure that people in this pen are media people and you can see the line they have formed to make sure we no longer break that curfew. >> okay. stand by. go ahead, rob. >> the normal operating procedures is to have the mead you stay in one area so they can not interfere with police operations. in this day and age, there are many folks with cameras and they may pretend they are media. so, it's important the media go

into the pen. >> before you weigh in, let's just listen to this a little bit. >> sure. >> so, they were saying a moment ago on the bull horn to go home if you weren't a member of the media. david, i cut you off midsentence a moment ago. >> i was saying the decision have been made at far higher level than the line officers and the second point was that there's an awful lot of information we're not privy to in terms of who might be involved. and the gentleman before me said there are some people acting like they're members of the media. we don't know what type of outside people or what state or federal athorts may have and so

there may be some of that playing out to lead to the more aggressive posture. i don't know how aggressively they were moving, but at least in terms of moving more rapidly. >> they did move in fast and the aggressive part of the aggression, i'm not sure but they did move in fast. let's see. which one of my guys is out there? miguel -- let's go to brian todd. >> reporter: more arrestees were processed. and there's one being processed here and they're being put into that police van. i'm going to back off from that shot over here. and they're being taken out of the square area. i just asked one of the police commanders why they moved in so aggressively and he said no and walked away. one of the worst things we have

seen here in the last half hour since this curfew ended was after they had pushed some of the protesters out of the square and us move out of the square, we moved up onto the sidewalk near a television satellite truck and at that time, a officer wearing no helmet, came pushing through the line of journalists and protesters and just grabbed one of the protesters and pulled him down. that caused a may lay. and people were getting pushed, shoved and stomped on. so, it was a real mess for several minutes. after that, i saw oner of the security people helped out by one of his colleagues because he was stampeded on. this may lay in front of theset lite truck was really out of

control and i think we could say it didn't necessarily need to get that way. and last night the tactics were much more subtle. they would mingle in the crowd and try to talk some of the protesters out of that area in pennsylvania and north avenue. they did no such thing tonight. they simply moved in with their shields and helmets and with mounted police officers and acted very aggressively, don. >> okay. stand by, brian todd. miguel marquez, what do you have? >> reporter: i'm here pretty much in the same area as brian. you are a friend of one of them, what's atthat's your name. >> i have a friend of mine in there, he's black and blue all

across his face. i got beat up and for a while i thought he was missing. >> reporter: this was an active civil disobedience that you planned? >> we have every right to be out here. there shouldn't be a curfew. it wasn't even like a planned civil disobedience. just like normal. like why shouldn't we be out here. >> reporter: you thought because of the atmosphere today they wouldn't have a curfew? >> we shouldn't have a curfew. the police state is ridiculous. you know, we just -- >> but there is a curfew, miguel. >> reporter: and what did you tell your friend? you were just yelling at him. >> i was confirming that he was okay but they beat him up pretty bad. >> reporter: are you all right? >> i saw them walk with someone, an arrestee and they took him over there and the police officer asked the national guard

where can i go so i can take this prisoner so he won't be in front of the media and he walked back that way and he's nowhere to be found. >> reporter: how frustrating is it? >> it's heart breaking and nobody deserves to be peat beat. there's no need for a curfew and no node to turn our jails into concentration camps and make them stay there for days and they use bread for pillows. it's so sad. >> reporter: we started the week with high emotion and ending it with high emotion. more arrests there, don. >> so, stand by. we'll keep your pictures up but i want to talk to our legal experts. i want to sympathize with the protesters but it's 10:00.

and if you're out and you're defying the law, the rule, then you're going to get arrested. and there's a difference between being taken into custody and being beaten up. >> of course. and what we're hearing from this protester is there shouldn't be a curfew but you don't get to decide the law. everyone had due notice and in fact, remember when the mayor's office decided to implement the curfew, there was a criticism because they wanted to know why it wasn't in place that day. >> why there weren't more precautions taken? >> no the criticism was it shouldn't be in 24 hours, it should be right now. but the people needed 24 hours notice so they could comply with the law of the night. and they have had a week of notice and the suggestion that it shouldn't exist or shouldn't apply to them is ludicrous.

we all know that there was a celebratory mood and we know other days when the celebratory unrest. when the sports team wins, when there's a pumpkin fest, they start looting and breaking thing and destroying property. so there's a very good reason to have curfew. >> folks have looked at it tlooi this civil obedience lens, businesses i know are suffering because of it because everybody understands that the first ord orf leadership is to provide a safe place to live. we're not in a neighborhood here, we're in front of city hall. these folks know there's a 10:00 p.m. curfew. if there's a curfew, they need to be arrested. >> moaning and complainingç --

>> yeah. >> i'm saying the one individual was complaining about her friend that was beaten black and blue bruises don't arise that quickly and she was telling a lie and that person should be ashamed of herself. the law is very clear, if you don't want to be arrested, then go home. if you want to be arrested, then be arrested peaceably, which is the tradition in this country of civil disobedience. >> mark. >> i agree with him but this was an intentional act by a certain number of the protesters who said we are celebrating and we're going to use this as an opportunity not to comply with the curfew that we no longer or never agreed with and again, the police have to do what they have to do. i think they have given deference in days gone by. i agree with david that there

was a command decision made about the curfew's enforcement tonight but it has to be enforced and those who get arrested will probably be released tonight but they cannot flaunt the law. >> bread as pillows. anyways. brian, go ahead. >> reporter: i'm here with two of the protesters that were pushed from the plaza. and tell us what happened and you believe the tactics were too aggressive. >> and so we were all sitting in the square and the police came around and they just started beating people and zip tying them. no one was being violent and the cops just brutally came in. >> reporter: we saw some of the folks being dragged. were you saying that they were beating people when the may lay was happening?

>> they were beating people right here. >> reporter: right. near the satellite truck. >> i saw the same thing. it was 10:00 and they pushed the entire crowd. >> reporter: what law enforcement experts are saying that it was clear that there was a curfew at 10:00. they announced it on the loud speaker by the helicopter, it's 10:00. >> i don't know if you're familiar with civil disobedience, it's a tactic that's used, a nonviolent, so people were exercising their rights because they feel that they have been silenced here in baltimore, as you know, freddy gray and many others have been victim to police brutality and violating a curfew does not demand getting beat with clubs. this is what happened to my father in south africa during apartheid. >> why are we more worried about

us breaking a curfew at 10:00? why is it that we're justifying us getting beaten whereas police are going out and ruling with impunity and we're not doing anything about it. >> reporter: did any of you get beaten by police officers? >> no, but if i was 10 feet closer to the square, i would have been one of those people too. >> they come in rapping on their riot shield, it's like a war drum and they're trying to build everyone up. >> i want you to ask them a couple questions. so, they're saying police are beating them. we didn't see them beating anyone, we saw them taking people into custody. there's a difference between being taken into custody and

being beaten? did you guys see anyone being beaten? >> i didn't see anything at all. >> reporter: our anchor is asking, our cameras didn't capture anyone being beaten by the police. they were being taken and apprehended. are you sure they were being beaten? >> yes, we saw them beating them with the clubs like this. are they going to tell you if they beat people? >> reporter: well, they may not but we'll challenge them of course. >> why is there more out rage at a bunch of peachal sitting outside in a public space and we're not outraged by this. look at these people. they're looking like they're -- ready to go to war.

if this was any other country -- >> reporter: okay. >> the entire week we have been talking -- at the beginning of the week we were talking about the rioting, looting and burning and then the conversation got back to what it should be and that's the investigation with freddy gray. the prosecutor comes out today, the conversation is exactly where it should be and then the people who wanted it to get here, have now defied the curfew and the conversation has been taken to where it should not be again and that's on the violence. >> i still understand this notion that protesting is still necessary. >> it is necessary but there is a curfew. >> of course it's about justice for freddy gray but it's also about police brutality and excessive force and police reform. and so i understand why people were out protesting today but it is 10:00, it's to maintain the

peace. the city has decided that the curfew is still necessary. i think it still is necessary. >> all day we were like, great, people were protesting and happy. and from 5:00 p.m. to 10:00 p.m. tonight you can protest as much as you want. but in all fairness of the police -- and i don't know about being beaten, we're not condoning that. but if there is a curfew, and they have been told to enforce the law, more than to -- >> you don't get to decide what the law is and you don't get to decide not to fall though laws if you don't like them. >> if you don't like where a stop sign is, you don't get to decide not to go through it. what i see here is almost a milestone moment with this whole freddy gray case and that decision was made today to run the course of due process and

dha charge the officers and now there's another milestone point where people are trying to get heard. and i think they were using this as a platform to advance the agenda. >> it would have been very different had we not seen what we saw on monday. i think the city leaders are walking a tight rope, because if they don't enforce the law and something happens, they will be put through the ringer and so, now they're enforcing the law. we know businesses are losing money but we had a lot of unrest here and nobody wants to see that happen again. 45 minutes into this curfew and we've seen a lot of arrests and people taken into custody and people of course wanting to defy the curfew and they're very upset about it. they're saying, there should not be any curfew. what do you think at home? reach out to us on social media.

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we call charles, chad. you can see mounted police officers out on the streets this evening. they moved in very quickly after 10:00. we saw it all unfold live here on cnn. something we haven't witnessed that sort of drama since the unrest in ferguson back in the summer of last year. the police officers are still out in their shields and there are still people out defying the curfews. our correspondents are out in the field as well. and we'll be checking in with them just a little bit later on. but i want to get to my panelists now. and chad, hopefully you can hear me, it's loud out here. and i'm sorry, there's civil disobedience, i understand but today the prosecutor announced charges against all of the officers, there is a celebratory feeling but there is a curfew at 10:00 in baltimore, maryland and

everyone from the president to the mayor on down and citizens have saidia need to pay attention and obey this curfew. >> well, they certainly should if they don't want to be arrested. the mayor has the right to impose a curfew and it's a matter of public safety. at this point, the tone has changed but there was plenty of warning. the helicopter was announcing what would happen and i think they wanted to be arrested. >> tom bernie, i want to get to you, because we notice a bit of a difference, maybe they were expecting that if they were celebratory and that if we had, in a certain way, got what we wanted, that it would change. and there is a show of force, we haven't seen this since the

first night of unrest. what's going on here? >> i think they want to be ready for something in case it pops off. and there is still an active curfew in place. so, people need to respect that and just because the prosecutor levied charges against these officers, that doesn't make it okay. we still have a long way to go. and certainly by way of indictment and a trial. so, i think a lot of people were elated to hear that news and so things did kind of calm down because of that news but we're still in a situation where it's a highly charged police incident where someone was arrested and there are still going to be a lot of people angry about that and very likely could defy the curfew, which some people obviously are. and the police are there to

remind them, and they'll do it in the friendliest way, if they can, that there is still a curfew in effect and hopefully it will remain calm and quiet throughout the night. >> but you're a law enforcement agent and you're a detective for new york city police department. take us behind the scenes here. what is the strategy here? what's going on? what happened before curfew? was there a strategy that changed and what are they thinking now? >> now, i think they're still on guard. we certainly don't want a repeat of what happened the other night. riot condition are scary and tense for the people caught in the middle of it and for law enforcement trying to get a handle on it. and if people are attacking the police, certainly they're not going to hesitate attack someone

who's not the police. so, you know, they're going to be on guard and standing by. and just kind of take a wait and see attitude. if no one is getting out of control, then there's no reason to get amped up and charge in. if people start to disperse in an orderly manner, then the cops are going to be fine with that and chill out until they're told otherwise. >> but we didn't see anybody being violent. they were standing their ground or sitting their ground. chad, as an attorney, you don't think the facts support the prosecutor's charges in this case. explain that to us. >> all we know, factually at this point is what is contained in the statement of probable cause which was file would td w

charging documents today. and she read that in making her announcement. and two of the officers have only been charge would misdemeanors and the lead charge, charging murder, homicide with murder -- with depraved heart is a very high standard which requires one to consciencely disregard a known risk of death and the facts in this case show that mr. gray was in distress and the underlying allegation to support the charge is simply that the police ignored his need for medical attention but what needs to come out from other evidence is whether or not his condition was so obvious that there was a serious risk of death, that they ignored that. >> and you think that will be a high bar to prove? >> it's a very high bar.

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maryland and you're looking at live pictures right now. police moved in swiftly as a mandatory curfew went into effect. and moments after it took effect, they moved in and arrested protesters, those who refused to leave and were breaking curfew. first to cnn's brian todd who's out in the field. what do you have for us? >> reporter: don, we're at the police line here just adjacent to city hall that was formed shortly after they started to apprehend people and get them into these vans. i just spoke to one of the public information officers, officer jackson, i asked him about the account that we got just a short time ago that claimed they saw police beating protesters with batons. i said would you be a