on twitter. tweet me. tweet the show. please be sure to join us again right here on "the situation room" tomorrow. you can watch us live or dvr the show so you won't miss a moment. "erin burnett outfront" starts right now. "outfront" tonight, breaking news. protesters gathering in madison, wisconsin, at this hour. no charges against a wisconsin police officer who shot and killed an unarmed teen. that teen's uncle is "outfront." more breaking news. a missing u.s. helicopter six marines onboard. the search is beginning at this hour. plus the top deflategate investigator slamming tom brady today as brady's agent vows to fight that penalty with everything he's got. let's go "outfront." good evening. i'm erin burnett. "outfront" tonight, we begin with breaking news. protesters gathering in madison,

wisconsin tonight. a scene that has played out in cities across the united states. a district attorney in madison just announcing there will be no charges against the police officer who shot and killed an unarmed teen. you're looking at live pictures right now at the streets of madison. the crowds are growing at this hour. protesters there demanding justice for the 19-year-old, tony robinson. robinson was shot seven times by officer matt kenny. this happened back on march 6th. you see tony right there. we'll show you the officer in just a moment. winlss describe robinson running in and out of traffic, punching and choking people. officer kenny, as you see there, he was the first on the scene. he found robinson inside a second floor apartment. he described running into a violent young man. he said that robinson was out of control. he said he attacked him. he then shot robinson at close range and robinson died a short time later. the d.a. who made the announcement today about his decision not to charge the police officer called for peace.

taking great pains to describe himself as a biracial man, and the first person of color to be a d.a. in wisconsin. stephanie elam is "outfront" in madison. what are you seeing there? >> right here we did see a protest earlier, erin and this is where tony robinson died in this gray and white building here behind me. this is where everything happened. to better understand how we got here take a look at how march 6th played out. >> i conclude that this tragic and unfortunate death was the result of a lawful use of deadly police force. and that no charges should be brought against officer kenny in the death of tony robinson jr. >> today's decision from the wisconsin district attorney comes two months after the fatal encounter between the officer and tony robinson. the teen's family responded angrily. >> i just want to tell you about

my grandson because he's been slandered from the beginning. and he was set up. i wear a sweater because this is the only comfort that i have left. >> friday night, march 6th madison police receive reports of trouble on the street. >> look for a male black, light skin tan jacket and jeans yelling and jumping in front of cars. 19 years of age. name is tony robinson. >> robinson's friends and family members told a local newspaper that the 19-year-old biracial teen had taken hallucinogenic mushrooms and had been acting erratically, punching friends and strangers. >> apparently tony hit one of his friends. no weapon seen. >> another caller tells police robinson tried to choke him. >> suspect at the gas station in the area no shirt on right now. >> officer kinney a 12-year veteran of the force, was the first on the scene. according to the police investigation, he said he heard what sounded like walls being

punched, things thrown inside a second-floor paurmentapartment. he entered the apartment where he said he was punched in the head by robinson. backing down the stairs and out, kinney shot robinson seven time said striking him in the head and torso. robinson died a short time later. police say officer kenny suffered a concussion. days of peaceful protests followed. >> he was unarmed. and that's going to make this all the more complicated for the investigators, for the public. to accept to understand that deadly force had to be used. >> both men have complicating histories. robinson was on parole after pleading guilty to armed robbery a few months earlier. and in 2007 officer kenny shot and killed a white man during a confrontation. it was ruled a suicide by cop. kenny was not only exonerated but received a commendation.

and i was in that press conference that the d.a. held and it was interesting to note how he started the press conference explaining how he is biracial that his mother is a black woman from alabama and how he understands that this is nuanced because of the fact that he knows that there is a different relationship between young black men and police officers. but as far as the family is concerned, they say that there is more to tony robinson than what's been played out in the media. that's the part that they want the world to know erin. >> thank you very much stephanie. the family of tony robinson had to listen to the district attorney today. they were there, they heard him describe how the 19-year-old was killed. >> the audio recording from a responding officer captured the sound of seven shots fired in approximately three seconds. three shots followed by three shots, followed by one shot. all seven shots hit tony robinson jr. at close range.

this was confirmed on autopsy. all bullets hit robinson from front to back. >> joanining me "outfront," tony's uncle. i appreciate you taking the time. this is a very difficult time for your family and not the way that you all had hoped this day would have gone. the d.a. declaring your nephew's death the result of lawful use of police force. you heard the d.a. talking about how tony was shot of course those seven times at close range. which i know is horrible for you to have to keep rehearing. the decision was not to bring charges against that officer. the decision was what he did was justified. what's your reaction? >> i think it's important to keep in mind that this was not the trial of matt kenny, rather the decision to indict him, and the decision if there's enough sufficient evidence that there should be a trial. and as citizens of this country, i believe that we should have

had that due process and had a trial by our peers and a jury of our peers, rather for them to ultimately decide matt kenny's innocence or guilt, with both of us being able to present as much evidence as we showo chose. i think that decision was cut short. and that we don't have that opportunity willingly that we have to go and pursue it. >> the district attorney he met with your family after the announcement. what did he say to you? >> he spoke briefly about some of the factors that led to his decision making. it wasn't much different than the press conference rather him telling us in person and trying to give us at least that. >> and i know you must have appreciated that but let me get one thing here that he did mention, as our reporter was just talking about. he talked about race. he talked about he himself is biracial he talked about the

relationship between young black men and police which is important in this case and important in so many cities around this nation. he the d.a. is biracial as i said. your nephew is biracial. the police officer here was white. people want to know how you feel about that. do you think that this was, in your view just a case of excessive force by police? do you think that race played a role in this white officer and your biracial nephew's run-in? what do you think? >> i think it's difficult to say. i know -- i know that we as americans we understand the racial disparities that are present right now, and a lot of the income inequalities that are prevalent also. it's difficult to say that it was based on race but what is known is that my nephew was unarmed and the calls that were placed were in an effort to help him, and he ended up killed. he ended up dead and being shot

several times from a close vicinity. i think we all can agree this is something that could have been avoided. so i guess as it pertains to race that will be seen lateren. right now, we just know this could have been a1r0ided and we should be allowed our due process right to have a trial to prove his innocence or guilt. >> i appreciate your taking the time to be with us. >> absolutely. thank you. >> thank you. as i said, he is the uncle of tony robinson the 19-year-old un unarmed teen who was shots and killed. i want to bring in paul cowen. the facts of the case he was shot seven times at close range. he apparently had been being aggressive on the street to others. there were 911 calls. do you think that the d.a. did the right thing in not pressing charges or should thasis have gone to a grand jury in more due process, going through more due process as his uncle alleges? >> we elect district attorneys

hoping they bring good to the table as to what kind of cases should go to the grand jury. of course the easiest thing in the world is to say i'm not going to make a decision. i'm going to put it in front of the grand jury and even for the grand jury to say, you know something, we're not going to make a decision. we're going to kick it on to 12 jurors some day to decide. but of course you have somebody charged with a very serious crime when that goes on. many d.a.s would do exactly what this d.a. did, because when he talked about the evidence he said there were 911 calls describing the young man who died as acting insane. the autopsy report indicates that he was under the influence of marijuana, of xanax, and possibly other substances as well. we also know from neighbors who had complained that he was acting in a violent way. even before the officer got there. so he was unarmed, but the officer had a concussion indicating he was struck on the head at some point during the encounter between the two men.

>> which supports his use of deadly force. >> exactly. if he's being attacked and he sustains a concussion he might have been in fear of his life or so the d.a. probably thought. >> the d.a. brought race up in the context of himself and how he's biracial and he said the first personal of color to be a d.a. in the state of wisconsin. also talking about young black men and the troubled relationship thap have with police in this country at the center of what we have seen and the protests and some of the riots. is race relevant? >> i don't think it is in this case. the rison i say that is because i think we should be talking more about drug abuse and maybe even mental illness as opposed to race in a case like this. if the same officer, even if an african african-american officer was responded and confronted by a person who seemed to be suffering from severe mental illness, who attacked him, it would be questionable as to whether he would use force or not. i'm finding it hard to believe this is a legitimate race case. >> all right, paul thank you

very much as we continue to monitor what's going on in the streets of madison tonight, where protesters are gathering in the wake of the decision not to charge the police officer. "outfront" next more breaking news. the top investigator in deflategate slams tom brady saying the evidence against him is clear. this as brady's agent vows to fight. >> plus bombshell charges at the president lied about how osama bin laden was killed. four-star general stanley mcchrystal is my guest "outfront" tonight, and another massive earthquake hits nepal. a chopper filled with american marines on a rescue mission is lost. they have just taken off now at this hour in a desperate search to see if they can find that helicopter and survivors. we are live in nepal. anyone have occasional constipation diarrhea, gas, bloating? yes! one phillips' colon health probiotic cap each day helps defend against these occasional digestive issues... with 3 types of good bacteria. live the regular life. phillips' i'm caridee. i've had moderate to severe plaque psoriasis most of my life.

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financial noise financial noise financial noise financial noise tonight, the man who led the investigation against tom brady is defending the evidence against the star quarterback. he insists that it shows brady knew that game balls were deliberately deflated.

that investigator ted wells, is fighting back against claims that the nfl was trying to implicate or gang up on brady. >> this was not a sting operation. it was in fact just the opposite. they gave the patriots the benefit of the doubt. >> brady is vowing to appeal his four-game suspension and his fans seem to be more supportive than effort. prepare yourselves for this. sales of brady gear have spiked 100% since the nfl announced his suspension. jason carroll is out front. >> if there was any doubt as to whether the patriots would stand by their man following that nfl report alleging he cheated, just take a look at their official the number 12 proudly displayed. other less flattering images of tom brady also making the internet rounds raising the question will his image be forever tarnished? >> in an attempt to keep denying, denying, appealing, does this.

it puts tom brady and cheater next to each other in headlines. it keeps re-enforcing that connection. >> headlines are littered with names of once prominent athletes who fell from grace after accusations of cheating. lance armstrong arguably once known as the world's greatest cyclist, stripped of his tour defrance titles after getting caught up in a doping scandal. his public image still in ruins. and while yankees slugger alex rodriguez briefly had a moment of celebration last thursday when he hit home run number 661, surpassing willie mays' home run record his moment of glory marred by allegations he took performance enhancing drugs despite years of denials. >> you say you did not do these p.e.d.s they're accusing you of doing. >> you're correct. >> the same story from baseball legend and record holder barry

bonds, accused of lying underoath when questioned about using illegal steroids. so many denials. brady and his agent called the investigation and the decision to suspend him for four games ridiculous. the investigator standing by his finding. >> i believe the conclusions have been proven by the preponderance of the evidence standard. >> sports analysts questioning why brady may have felt the need to cheat at all, even after the deflated balls were reinflated in the second half the patriots still outscored the colts, ultimately it may be up to fans to decide how the ending should be written to the quarterback with the story book career. >> i really couldn't tell you why, but tom's case i think he's going to get through this. >> going to be another athlete to do something to take the attention away. no one is going to remember something like this forever. >> well erin some question if brady mfs endorsement deals will suffer as a result of all this. that remains to be seen. according to forbes.

he took in $7 million last year but in comparison to other top athletes he still falls short. peyton manning earned $12 million last year. roger federer, $52 million, and tiger woods, who we all know had his own personal problems off the course still earned $55 million in endorsements last year. sometimes all is forgiven not forgotten, but at least sometimes forgiven in some ways. >> those numbers are mammoth. and you have to wonder if tom brady's asking his agent why he wasn't getting more. thank you very much jason carroll. "outfront" now, drew rosenhaus. he represents three patriots players including rob gronkowski. as i pointed out the other day, the story does affect you personally. also with me the former linebacker for the chargers shawne merriman. drew let me start with you. you heard tell wells, the independent investigator. his words were quote, i believe from the bottom of my heart, and he went on to say the text

messages implicate tom brady. your reaction? >> well it's not the evidence that i would like to see in order to suspend a player four games. i think you've got to catch someone red handed and not try to piece things together to take away four games and what would be millions of dollars. to damage this man's reputation to the extent that they have who has had a great career i don't believe the punishment fit the crime. and i don't think there's enough evidence to penalize him this severely. >> drew one of the things ted wells pointed at was he said look i asked tom brady to go ahead, go through his own text messages and pick the ones he would give me and give them to me. he didn't do that. i asked him to vet his own text messages and pick them out. he wouldn't cooperate with that. that certainly gives a bad

taste, doesn't it? >> yeah but it doesn't make him guilty either. in america, someone has to be galt. not turning over your phone doesn't make you guilty. this is a very serious penalty. four games is unbelievable. more stunning to me more stunning that the brady punishment is what they did to the patriots. wells said that kraft and belichick, the owner and coach, should be exonerated here. yet, they lost a first round pick a fourth round pick and an unprecedented $1 million fine. are you kidding me? the nfl, in my estimation was on a mission to hammer brady and the patriots because of some previous mistakes that they've made where they were criticized for being too lenient, like ray rice, for example. >> thoseere are those who have said it's to make up for ray rice. what do you say? kwl i think the punishment was justified. any time you create an unfair

advantage to go out and win a football game you deserve to be punished. not just the player but, and drew you cutest to this. you win as a team, you lose as a team. that's the reason they're getting punished as a team. this is theantn't the first time this has happened. i'm sure he'll appeal the suspension maybe get two games, but he cannot go unpunished because the nfl had no choice. >> i'm fine with punishing him. i'm just not comfortable with the degree of it. >> so drew hold on. hold on one second. plett me interrupt you. you're telling me you don't have evidence high did anything wrong. but you're saying it's okay that he got punished. >> i think there is enough conduct there to fine a guy, or at the most maybe one game. but four games to me a first round pick a fourth round pick and $1 million fine that's way excessive. >> shawne. >> if you don't want to penalize

him for not cooperating, but don't suspend the guy multiple games. >> drew if he came out right after it was told to the public and said you know what? i like the balls this way, i like the air taken out. yes, he would have gotten a fine of $250,000 maybe $500,000 then it's water under the bridge. he didn't do that. he pretended he knew nothing about any allegation that was brought against him, and that's what he deserves. myself i was punished for something i did while i was playing. i created an unfair advantage, and i got suspended accordingly. he got suspended accordingly, and the organization got punished accordingly. i think all is fair. >> we're not going to agree on that shawne because i don't agree on punishing a player to that extent because he doesn't cooperate or because he decided not to admit to something that we don't know to be a fact. we don't know for sure that tom brady deflated footballs or got these guys to do it. it looks that way, but we don't

know it for sure. i have a problem with that. >> so one thing that you're bringing up as you're talking about an unfair advantage. you heard jason carroll give examples of people who used steroids. you were suspended for steroid use, for four games, which you say is fair. is this the same? obviously, deflating footballs is something you would do to get an advantage, just like you would take steroids. in that sense, it would seem similar. but some said that's ridiculous. comparing it to steroid use, preposterous. what do you say? >> they're comparing it to steroid use because it's four games. i look at it as creating an unfair advantage to win football games. he brought itupon himself. it could have gone away if he said this is the way i like to throw a football. i have never heard a football equipment guy saying this is too much air. he got knowledge of it and he's getting a punishment.

if there's no punishment made there would be an outrage of the players because they know they would have already been punished for the same type of thing. they had to make a standard across the nfl. now look guys in the nfl, they can't come and say, you know what what? they can't punish me. punishment is too hars. if you punish tom brady, you're making a standard for all nfl athletes. >> you're making -- final word quickly, drew. >> even shawne would admit, it is steep to take away four games, a $1 million, a first round pick and a fourth round pick based on what you're doing, cething dots because he didn't fully cooperate. i don't think that's fair. he's going to have a successful appeal. this thing is going to be reduced. if i'm the patriots i appeal this thing, too. i take the nfl to court. it's nonsense they're losing a first round pick. >> i appreciate both of you taking the time. we're awaiting the formal appeal from tom brady and the patriots. we'll see if that comes in the

next 24 hours. "outfront" next new charges at the killing of osama bin laden was more of an execution than a daring raid. my guest weighing in stanley mcchrystal. and united states marines on a mission to rescue victims in nepal. now they're missing. an emergency search under way. they're taking off in a desperate hope those marines are still alive. we're going to be live in nepal tonight.

"outfront" tonight, sources calling into question new details from a report that alleges president obama lied about the osama bin laden raid. in a highly controversial article, seymour hirsh report pakistan knew for years where bin laden was and didn't tell the united states. hirs said with the united states found out bin laden's whereabouts president obama colluded with pakistan and s.e.a.l. team six was basically escorted into the compound meaning no resistance killing an unarmed, extremely sick aging man. jim sciutto is out front. you have been pressing your sources on new details to find out whether the white house and

the president are telling the truth. hirs alleged the story of the curier was untrue. that didn't happen. you have learned more about this tonight. >> the answer is unanimous. i have spoken to two u.s. intelligence officials who say there was no single walk-in that led the u.s. to this abbottabad compound where bin laden was hinding. from mike morrell, the former deputy director of the cia. i am told however, by a u.s. intelligence official there were valuable intelligence sources inside pakistan within pakistan no silver bullet they say, but valuable intelligence sources, so it is possible in the overall intelligence picture that a walk-in or others contributed to that picture, but they're holding to the storyline that it was painstaking intelligence work following the courier, the key piece of evidence that led to bin laden. >> one way to find out who is

telling the truth is to see if the united states paid any of its sources. there was a reward of $25 million for any information that led to the whereabouts of bin laden. if the u.s. paid any of that out, which we know they don't like to do. you really have to do something for them to pay, that would mean they got valuable information. in your reporter have you found any evidence that the united states has paid anybody? >> this is what i have been told. yes, the u.s. may have paid locals in pakistan for help in this for instance the people that were employed to track the suv believed to be used by this courier, which then helped lead them saw "zero dark thirty" that was in the movie. that would have been small payments not the $25 million bounty on his head. we're told here the bounty has not been paid. we're told not in this case. >> that would mean there wasn't one single person right, who, you know was deserving of getting it. >> exactly. >> thank you so much jim. >> thank you. "outfront" tonight, general

stanley crystal, four-star general. he's osthe man credited with transforming u.s. special forces into the elite fighting force they are today, and the author of the new book "team of teams waets and he's with me tonight. general, semoyer hirsh alleged the president is lying about the entire bin laden operation from soup to nuts. you know the president and you know the good and bad. you and he obviously had a tough ending. did he lie? >> i find mr. hirsh's aurtical impossible to believe, but if he has proof, let him bring it out. the real big issue is we have someone who comes out with a report without any substangsiation and we let it dominate news for days on end. i think that's a danger because i don't think something like this should get this kind of focus. >> there is one thing in here that has, connects with things others have said. leon panetta, you, things you

have said in the past. there's one core part of the report. that is the allegation and he is citing unnamed sources, but the allegation the pakistani government knew from the beginning, i.e., up to four years osama bin laden was in the country, and he said they were effectively his captors, they were harboring him. you said in 2009 you said bin laden was in pakistan. when you hear this core part of this does it make sense to you that the pakistani government knew? >> that's a great question. we all thought that osama bin laden was inside pakistan. the pakistanis i think, came to that conclusion. we could never, ever find evidence and we looked really hard before the raid and after, to find direct evidence of pakistani complicity. there was kind of an assumption somebody had to know. i wouldn't doubt that. but i don't think it was the senior parts of the pakistani government. never seen anything to convince me that's true. >> what you're saying it's possible some people did know in the pakistani government but

you don't think it went to the top? >> it's very possible yeah. >> that was a key thing he said. like i said it fits with what you and leon panetta, then the head of the cia, said before. likely presidential candidate on the republican side chris christie today, talked to cnn about president obama and his handling specifically of isis. and here's what governor christie said. >> our adversaries no longer fear us and our allies don't feel like they can trust us any longer. that's an awful position for america to be in. >> christie went on to say america's allies in the middle east in his words, cannot count on america being there. is that true? >> it's very important that our allies believe we're legitimate partner and a credible partner. there's reason over the last decade or more for them to at least have doubts. if you look at the activities in the saudi leadership recently the coalition that went into yemen, some of the activities between countries in the region some of which is good. they're coming together in ways they had not before.

but it's also may signal a belief that america is less willing to be a leader in the region. and i think we still have to have that role. >> and has that changed? you talk about the past decade. that would be mostly president obama but a little bit of president bush. has it gotten worse under president obama as many allege? >> i think it's gotten worse with the times. i'm not sure it's a single leader that's caused it. i think it cleary is at a point where we need to address it because if our allies aren't comfortable that we are consistent and we are there, then we're going to have trouble pulling together the coalitions that are critical for the future. >> your book is about creating successful teams, how to make the u.s. government in a sense work to stop the attacks. it failed at 9/11 to connect the dots in the boston bombing, also failed last week in the planned attack against an art exhibit to do with the prophet muhammad in texas. what does the u.s. government need to do right now to get it right? >> i think the first thing is we need to understand the problem. because we focus on teams, and

people throw out the word team and you have a small team and it works well but when you build separate teams and different organizations, different parts of the government or even inside one part of the government they become insular and cohesive and don't communicate well. they develop different cultures. i think the problem we found that showed itself on 9/11 and then i worked through for years after that was trying to bring the parts together and it's pretty difficult. i used to describe it as magnets in opposition. you have to hold the pieces together to make them communicate and actually operate well. but that's got to become a key focus because developing a team of themes is critical in today's environment. you can't do it with just good people or just good small teams. >> all right, general mcchrystal, thank you so much. i appreciate your time. "outfront" next as a second deadly earthquake rocks nepal, six american marines on a rescue mission there are missing. their helicopter is lost. at this hour other helicopters are taking off trying to

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breaking news a u.s. military helicopter has gone missing in nepal. an emergency search is now under way for the six marines and two locals carrying out earthquake disaster relief outside of the capital of kathmandu. it came hours of nepal was hit near another earthquake that struck near the border with china. the sheer force of the shaking brought down entire buildings. sixty-six people are confirmed dead in the latest tragedy on top of the more than 8,000 who were killed after the earthquake just weeks ago. will ripley is "outfront" live in kathmandu. what are officials saying tonight about the missing helicopter? i know it had been dark they had to stop hunting for it and they're now back up in the air looking again. >> yeah the sun just now rising. we're expecting the aerial search to be under way in force today. we also know overnight, soldiers hiking to the second location the location where this marine

hel commenter was headed before it lost contact. the promising signs are that they have seen no smoke, no flamesering no obvious signs of a crash, at least in the area they have been able to search. what is discourageing is there's also no radio contact from the helicopter. it could well be because of the rugged terrain. that is the hope that everybody onboard is okay. >> hoping for a miracle, and as you point out, given the terrain, it is possible that they are alive. i know where you are right now, though will. the ground is still shaking. you had that massive earthquake today. what are you feeling, what are you witnessing? it's incredible erin. you really get a sense of the panic people are feeling here. since we arrived here in kathmandu, we experienced two aftershocks. one of them pretty violent. violent enough to jolt buildings, dogs in the neighborhood started howling and people ran outside of their homes. a lot of people slept in the streets last night. the real terror for the folks

living here was the 7.3 earlier yesterday. this was a five story building that was weakened by the initial earthquake on april 25th. as you see, it fell to the ground. there's a building right next to us with similar damage that looks quite precarious. if there was another major aftershock there are a lot of buildings in the city that could go down and monsoon season is quickly approaching. that's going to complicate things for the families sleeping outside and increase the danger for landslides as will. >> thank you very much. i know you're trying to stay safe too, as are so many trying to cover the story in nepal. "outfront" next six months after tumere rice was shot and killed while playing with a toy gun in a park cleveland police hold a press conference but they had absolutely no answer on whether or not an officer will be charged. we have a special report from the scene next. and jeanne moos with this amazing video. this is not a movie trailer. this is not a stunt. this is for real.

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. outrage tonight oath the death of tamir rice. he was a 12-year-old boy shot and killed by a police officer

and still no one has been held accountable for his death. he died about six months ago. today everyone thought there might be a resolution. a sheriff faced reporters but there was no new details about the investigation. police say rice was pointing a pellet gun at people before a officer pulled up and shot him. i don't know if you remember the video, the officer steps out and shoots him literally within a few seconds, two seconds to be exact. it has taken over 100 days to determine if a crime has been committed and they still haven't done anything. why not? martin savidge is "outfront." >> the snow on the ground has long since melted. nearly half a year later the investigation into the police actions that day grinds on. >> we have been tirelessly working on this investigation. >> today the lead investigator offered a much anticipated

update. >> while a few more witnesses need to be interviewed and more forensic evidence needs to be collected, our investigation is complete. >> but he didn't say when it would be done and handed over to the prosecutor's office and left without answering a single question. >> the update did little to diffuse the rise of anger by family and supporters. >> everything is there on the tape. if i want transparency be honest with us. 12-year-old kid, six months later, we're still at a stand still. we have no answers. >> but authorities say there is much more to the case than just the video showing rice playing with a very looking toy gun, prompting this 911 call. >> it is probably fake but you know what it is scaring the [ bleep ]. >> the responding officers were never told of the suspicion it

was fake but what is upsetting about not the show of force but how quickly the officer shot rice in just two seconds. she noticed how long it took for the shooting and for answers. >> in less than a second my son is gone and i want to know how long i have to wait for justice. >> they believe the gunman lowman and his partner should be held. and he once showed loss of composure during live training. and they said it is in the highest priority that this investigation protects the due process rights of all party's involved. the rice family has filed suit against the city but they want to see the police department held accountable. >> each day this family thinks

nonstop about their child and whether or not they will receive justice. >> more than money the rice family wants to know why and they think that answer has taken way too long. >> and martin with all of this going on and this time passing with no decision i know that i've heard his mother was living in a homeless shelter, what is your reporting? >> reporter: that is absolutely true. i should point out not for the reasons you might think. she was living in a house directly across the street from where the park was where her son was killed and she couldn't go on doing that according to the family attorney. she doesn't have a lot of money and the only option was to leave that house and go to a homeless shelter which is what she did for several months but finally thanks to the good graces and month from other people she was able to find a small place to live where she is now. and then on top of that she wasn't able to bury her son. that is the issue of burying her

son and for the follow-up of any forensics and finally last week she gave in and her her son's body cremated. >> at the very least you think that family deserves answers, a decision one way or another. >> up next jeanne moos with -- with video you have to see to believe.

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two daredevils soar above due bay and nothing but a jet back innovative or just truly insane. here is jeanne moos. >> it is like leaving on a jet plane, without the plane part. with jet wings on their backs, two fliers got dropped off over due buy. being strapped is enough but flying in formation is unheard of. climbing and diving at a top of 190 miles per hour crisscrossing each other. the leader is 56-year-old eve rossi, also known as jet man. and now he has a pret teth a, prince raffi. >> not inside of the cockpit.

i'm not jetting it with my body. >> how do they steer? >> with this. up down left right. the flier holds the throttle fully loaded with kerosene it weighs 121 pounds but you don't feel the weight while flying. vince said his first flight was emotional. >> i came down crying. >> and now he's touring across the world. the project is funding by dubai which is getting say name for promoting sports but nobody can did what the jet rocket ear could do. he could take off from the ground and that is something the jet member are working on. it runs out after a 10-minute flight and they jet to earth and they are a parachute if they

have to eject as eve did over the strait of gibraltar, and he's a jet pack potato. jeanne moos cnn, new york. >> you couldn't pay me. >> thanks for joining. ac360 starts right now. >> breaking news in madison, wisconsin, where protesters have taken to the streets, black lives matter. and they are asking for justice for a young man dead at the hands of a young police officer. the family of tony robinson was upset saver hearing that the officer charged in his death would not be charged. he said his life was cut short before