>> reporter: jeanne moos, cnn new york. >> they could have given him one goal but seven? does the guy have any pride? thanks so much for joining us. be sure to set your dvr to record the show and watch us any time. "ac 360" starts right now. good evening. thanks for joining us, whether it's russia aiming missiles at syria but reportedly hitting iran or dr. ben carson igniting controversy over something he said or trump making headlines, it's been quite a day so far so get ready for a busy two hours ahead. we begin with breaking news, chaos within the republican party, shock waves and apart threat and intrigue. all of it surrounding the unexplained decision by kevin mccarthy to drop out of the race to become the next speaker of the house second in line after vice president biden to the president of the united states. his announcement came just as his fellow republicans were about to cast a vote on candidacy, a vote he said he expected to win and follow the

circulation saying any leadership candidate who comm committed should withdraw and the fallout has thrown the party into turmoil with the government shut down looming with very real serious business that needs to be done. cnn's dana bash and mono join us now. i understand you saw mccarthy right before the meeting where the vote was supposed to take place and he made it seem like he was still in the race. >> absolutely. this is after he and the two other candidates for speaker at the time had just given their closing arguments behind closed doors to the republican caucus. he walked by the camera and i asked how he was feeling. take a look. mr. mccarthy, will you give a statement? how did it go? >> very well. very well. >> you're going to get the votes at 12? >> so the question was are you going to have the votes at

12:00, 12:00 was the meeting where everybody filed in. there was going to be a secret ballot and he thought he was going to get all he needed at the time, which was majority of the republican caucus, 125 votes but it didn't get that far, after course. instead, he went in while everybody was eating barbecue in the back of the room, a lot of people didn't hear him. acoustics weren't great in the room. he said in a hushed voice he would not run and at that moment john boehner also surprised because he had just found out moments before he said they would postpone the election and everybody filed out moments later. >> do we know why he dropped out, dana? >> do we know why? there are a lot of different reasons we're told by sources. first and foremost who he said, which is that he would have gotten the votes today but of course, what any speaker needs to become speaker is the majority of the entire house of representatives, 218 votes.

he said that he probably could have eked through to get that but it would have been very hard for him to govern. i'm told by sources that he -- it was still not really clear he would get the 218 votes but even if he did, in order to get that, he would have had to really make serious deals and concessions to some of the most conservative members of the house of representatives, so-called house freedom caucus and asking for things mccarthy felt like if he gave on, whether more power or different rules governing the republican caucus, it would have made him as house speaker, it would have been almost meaningless and hard for him to be an effective speaker so that's one of the reasons -- >> what about the controversial comments about benghazi? >> benghazi, absolutely. he admitted something that really hurt him. the minute he said on tv that he simply thought that hillary

clinton was hurt politically by the house select committee on benghazi, the one that he and his fellow republicans worked for months and months and months to argue it was not political, that was a very big problem but also a problem not just about that but about questions about his ability to communicate and lead the republican conference. >> north carolina congressman walter jones circulated a letter asking that the candidate for speaker of the house withdraw himself from the election if there are any quote misdeeds he committed since joining congress. what do you know about that letter or is this a coincidence? >> it was a curious thing. you don't see something like this emerge in a leadership race like this. what he said is he does not want another situation to emerge in which a leadership candidate, he did not name anyone specifically but any leadership candidate would ultimately be forced to resign and look bad for the

republican party and said he wanted to implement a rules change to force some of these candidates to step aside. now kevin mccarthy was asked that today at the press conference whether or not this prompted his decision to abruptly pull out. he denied that it had anything to do with it and sited the reasons that dana suggested but it has caused a lot of speculation on capitol hill, but all we know now is what he said is why he resigned because how hard it would be for him to govern, how hard it would be for him to get those 218 votes to become the next house speaker. >> dan, what happens now? rand paul -- sorry, paul ryan says he doesn't plan to run. you have information about that. >> yes, look, by all accounts talking to the most conservative members, those who didn't want kevin mccarthy to be the house speaker, they say paul ryan is the guy now, the one person that

can unite the party who has the respect from all corners of the caucus to do that. the problem is paul ryan has said repeatedly he doesn't want the job. he has his dream job for this point in his life. he's the ways and means chair, meaning it's a tax writing committee he's head of. he's a policy wonk. his dream is to reform the tax code and do it in a way that gives him a good legacy. he's a young guy and maybe do other things in his life, not stay in the house forever, but this is something that he certainly didn't plan. we know john boehner, the current house speaker has been asking him to reconsider today. others have been doing the same. manu can tell you-all though ryan's aids are telling us it's a hard no, no way, no way. paul ryan left the door open a bit on capitol hill today. >> manu thank you, dana bash, thank you very much, as well. perspective as someone that watched kevin mccarthy drop

peter king. >> congressman king, i know you were supportive of mccarthy, did you have any idea this was co-ming? >> none. we had a conference meeting and kevin gave an passionate speech why he should be the speaker and questions raised about benghazi but totally committed to running. no one saw it coming at all. and i know when the conference began, i was actually talking to jason chaffetz. he was assuming kevin would win, actually. no, there was absolutely nobody had a hint as far as i knew and the room seemed stuns. one-third of the room didn't hear him because there was a lot of noise in the room. nobody was paying much attention because this was considered a routine comment he was making, and then we were in the middle and thought we heard what he said but weren't sure and then when suddenly john boehner got

up and said if you heard what kevin just said, we won't be voting today. people were looking at each other like what just happened? >> i understand you saw republicans crying? >> yeah, several people broke down. one, they like kevin but what is happening to the party. we've never had as far as i know a speaker removed midterm for just because of policy differences. corruption charges, john boehner resigning in the middle of his team and now kevin mccarthy who was going to get 90% of the vote suddenly announce he's not running. it was traumatic. >> what do you think happened? do you think is the story? it seems like he had the votes he needed? >> he had the votes to be endorsed by the party, over wheeling choice. the story was that the so-called freedom caucus which has 30, 35 members were going to with hold votes from kevin on the house

floor so he wouldn't have gotten to 218. i don't think he should have given up. that to hijack the entire party. >> there is a letter making rounds from walter jones that says if you have skeletons in the closet, don't run for speaker of the house and mccarthy said the letter had no bearing on his decision? do you make of that? coincidence? >> i don't give credence to that. that has no place in politics and as far as i'm concerned, it meant nothing at all. >> so where does this leave your party? you were quoted saying congress is a banana republic now. >> we have the appearance. we never removed a speaker under circumstances like this and then we have the person who had 90% of the votes required and suddenly decides not to run and government default possibly coming up because of the national debt. we have budget votes. we have so many important votes

and we don't have a speaker who is a constitutional officer second in line to be president. my choice right now i think would be paul ryan and just from what i'm hearing and not from paul himself and not close to paul, but there are people who have, who do feel that paul may decide to run. there is a lot of -- i couldn't say pressure because nobody can pressure paul. >> in the past he said he's not interested. >> he said that as recently as this afternoon but this tremendous, again, okay, i use the word pressure being brought on well-intentioned people that might tell him he could be the only one to bring factions of the party together. >> how concerned are you and should other people be this could usher in another government shut down? >> i'm very concerned. first of all, governmentally it's wrong and affects the nation's credit rating and we saw that happen two years ago and affects as republicans, us

standing with the people and sends a terrible message to the world that here you have the world's greatest so-called body, congressional body unable to even one selected speaker and not pay debts. people say they are conservatives. how can they refuse to pay debts? why do they want us to be a dead beat nation? >> appreciate your time, thanks. a lot happening today, in the next two hours live, dr. ben co carson taking head for saying he would stand up to a gunman like in oregon and now he says he was confronted by a gunman years ago. did he stand up to him? we'll play you what he said. donald trump has plenty to say who should be leading republicans as he enters a crucial phase of campaign and we'll see more of the woman he wants to be first lady, his wife

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mccarthy and ben carson was talking to wolf blitzer explaining the controversy of something he said a couple days after the last controversy over something else he said. you'll recall dr. carson is taking head for saying that if he ever found himself facing a gunman like the one in roseburg,

oregon last week he would rush the shooter, even if it meant giving his life. he denies the roseburg victims should have done more and that's been eclipsed about an experience some years back in which he said he did come face-to-face with a gunman and instead of taking him on, he said he should point the gun at someone else, not him and he's at the center of the storm rupert murdock said. wolf blitzer asked him about all of it today. >> you spoke about a personal incident in a sirus xm radio interview yesterday when you were younger. i'll play the clip from the radio interview. >> a guy comes in, puts the gun to my ribs and i just said, i believe that you want the guy behind the counter. he thought -- >> that's what you said in that calm way?

>> in that calm way. >> he said oh, okay. >> so you just redirected him to -- >> i redirected him. >> that sounds counter to what you recommend now. >> that's a completely different situation. this is somebody who comes into a joint to rob it, not somebody who sequentially killing people. >> you didn't know he was just going to rob the joint. >> i did know that. and the fact of the matter is, you know, maybe this is a level of sophistication that people learn from living on the streets, but i knew that that guy was not there to murder everybody -- >> how could you know that? >> i knew he was not there to murder all the people. i knew he was there to rob the place. >> ben and candy carson terrific, what about a real black president that can properly address the racial divide and much else? that's a pretty shocking statement. he's now apologized in effect but that was pretty ugly. >> i know rupert murdoch. he's not a racist.

he's just expressing his opinion has much to do about nothing. >> a lot of ground to cover. i talked about it with carson's business manager and cnn political commentator and nia mallika henderson. this tweet from rupert murdoch about quote a real black president, unquote. dr. carson said it has much to do with nothing. what do you make of it? >> throughout the history of not just our country but throughout history we asked this question, who is black? who is black enough? for president obama this question started to get raised back in 2007 when he started to seek the presidency. is he black enough? is he black enough to get the black vote? once he received the black vote, is he black enough? it was a ridiculous tweet. i'm glad that mr. murdock apologized for it. there is no place right now in the conversation about whether someone is black enough or real black or whatever that means.

he's been a president of all people. he's been a president whose served with dignity and respect of everyone and i would hope that after the tweet and mr. murdoch's decision to back off from it that we don't have to have this stupid conversation again. >> armstrong, as donna said, rupert murdoch apologized and didn't mean to offend anyone that said, the comment he made about a real black president to you, what does it mean? >> it's freedom of speech, anderson and he expressed something if you're on talk radio like i am in the evening you hear all the time it takes on more meaning and more offensive if it's said by somebody who just happens to be rupert murdoch. no matter who says it and gives it meaning and power, as far as we're concerned, it's not about race but ideas who will get this country back on the right

footing but still he has a right to his opinion and express it through tweets. >> you think the tweet actually hit on something republican voters take to? >> yeah, that's right. i think ben carson in at least part of his appeal is the fact that he's african american and you've had republicans for awhile look for sort of a great black hope and this has been intensified in many ways. it existed certainly around rice and powell but certainly, i think it only was elevated once obama rose to the presidency. you have a party on terms of republicans that are not only battling this image they aren't abroad party, not inclusive party and so in carson, they have a pretty good example where they can refute the idea and all of a sudden appear to be a much more diverse party. if you think about the history never before has a black person won a single primary state or caucus state in a presidential primary, so in that way, i think

a carson does represent a hope among republicans to move forward and kind of be a more diverse party and murdoch was hitting on that theme. >> yeah, but when i was a child growing up in the deep south and armstrong, you're a southerner, booker t. washington approach, frederick douglas, marcus garvey and rupert murdoch stepped into it comparing him to someone else whose an african american and said he'll become the real black president as if his opinion matters to many of us. the truth is is that it's offensive and some people even said that it was racist and it had no place in the dialogue that we're having today. dr. carson is running on his record and i just as a medical doctor but his vision of the country and let's have that conversation. that's what the american people

want to talk about. they want to talk about your vision, not your race. >> armstrong, one of the survivors of the oregon shooting said he's upset by dr. carson's remarks and quote nobody can truly understand what actions they would take in that situation unless they lived it. dr. carson brought up an incident he says happened years ago, he was a customer at a fast food restaurant and someone pulled a gun he says on him and dr. carson told the gunman, i believe you want the guy behind the counter, basically redirecting the gunman to the guy behind the counter. some people look at that and say that doesn't sound like the guy that would rush a shooter. >> well, that is an entirely different situation. dr. carson just happened to be in popeyes, i think this happened about 25 years ago and the gunman pulled out the gun and patrons panicked and dr. carson calmly started talking to the gunman saying listen, i don't think you're here to harm anybody but hold the place up and if that's what you want is

money i think you should go to the cashier. guy went to the cashier, emptied his trey. the guy walked out and nobody was harmed. he used his judgment and diffused the situation. the guy was not shooting. >> how do you know some panicked gunman or nervous gunman or any kind of a gunman is not going to end up shooting someone in the midst of a robbery and if that happened, redirecting him, don't talk to me, go to this guy. is that the best thing to do? >> i can tell you for a fact in that situation, it did not happen. nobody died. nobody was harmed. he got the money and he left. >> but you're also adding other things that carson said talking to him calmly. we're quoting based on what carson himself has said just saying you got the wrong guy, you want to go over there. you're comfortable with that? >> listen, dr. carson told this story ages ago. this is an old story, very personal and private. this is not a new story to me --

>> because i asked you last night on this program if he had ever been in a situation where somebody pointed a gun and you didn't tell this story. >> it was not important. that was not the place. i wouldn't talk about this until dr. carson started talking about this today. listen, i respect dr. carson. when i'm on tv what i say, i don't say things unless i clear it with him. he's the candidate. i respect that. the fact he was willing to talk about it, it's okay for me to talk about it now. >> thank you-all. >> thank you. just ahead tonight, a side of the trump campaign you'll see more of, his wife melania and wife ivonka and his race for the white house.

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welcome back, with five days to go for the democratic debate, vegas is popular for candidates. marco rubio is about to get underway and with election watchers saying he's entering the next phase of the candidacy, donald trump hit the next big

stump. donald trump weighed in on congressman mccarthy dropping out of the race for speaker. what did he say? >> reporter: you know, a lot of the same dynamics that brought down kevin mccarthy is playing out in the presidential race. the yearn for the washington outsider helping to drive trump and he took credit today for helping to bring down kevin mccarthy. >> i want to just start by saying, you know, kevin mccarthy is out. you know that, right? [ cheers ] >> and they are giving me a lot of credit for that because i said you really need somebody very, very tough and very smart. >> so you can see there, trump sort of saying he brought this toughness to the race and said washington is complete bedlam and never seen the animosity towards washington and the establishment and that's exactly what is helping to propel his candidacy. >> what about the rest of his speech? >> the rest of the speech was a lot of the red meat that he knows will fire up his base here

and anderson, they were fired up when he talked about repealing obamacare and got a huge applause and he talked about funding his own campaign got a huge applause and talked through his opponents calling marco rubio a lightweight and how far does that get you and that's what donald trump is facing right now. he sees he's at the top of the polls, something he pointed out today but he doesn't have the same wide lead in a lot of these states he's had up until to point. his campaign tried to cast this as a new speech today, when in reality even voters say look, they are hearing a lot of the same thing. it's working for them now. the question is how long does that last. >> today's event, mr. trump turned the spotlight on advisors that have largely as of now stayed out of the spotlight. >> my wife said it's interesting, ivanka, has anyone heard of ivanka askand melania,o

great women and they will come out soon and campaign. they will be great. >> for many, it will be their first chance to get to know the two most important women in donald trump's life. for now randi kaye as a preview. >> reporter: ivanka trump front and center on one of the biggest days of her father's life, his start of the campaign for the white house. no surprise since she's perhaps the most well-known of his children and frequently mentioned by him on the campaign trail. trump has even said if he becomes president, his children will likely take over his companies, right now ivanka oversees acquisitions for the family business. >> we also have bought prudently and purchased a lot during the downturn, we're in the process of renovating that and bringing it to fruition. >> reporter: ivanka who in 1997 graced the cover of "seventeen"

magazine graduated from the warten school and launched a brand and created this online venture, a resource to help mentor working women. >> and then i support that with a website that has really compelling and inspiring narrative to encourage these women to pursue their dreams. >> reporter: donald trump's hit show "the apprentice" helped propel his daughter to stardom. >> i created a fashion and lifestyle brand to address the needs of the modern working woman. >> reporter: ivanka reportedly once dated grace but settled down with her husband jared kusnyer in real estate and converted to judaism for him and shares a $16 million penalty house at trump park avenue with their two children. a third is on the way. >> are you happy? >> no. >> reporter: ivanka's stepmother

is equally as important. donald met melania in 1998 and she said she thought trump had sparkle. her recent interview was her first since her husband announced his run for presidency. she's seen but unlike ivanka rarely heard. "people magazine's" senior editor says melania had a busy summer traveling with their son who she's the main caregiver. the trump has a cook but no nanny. melania enjoys tennis, pil pila and fashion. she acknowledges it's a long road saying that her husband has a lot of people cheering for him but she takes it day by day. donald and melania trump live in a 66-flood penalty house apartment.

melania is a slovenia immigrant that became a citizen the year after she married donald. for a man that always says he cherishes women, these are certainly two of his favorites. randi kaye, cnn, new york. >> coming up tonight, keeping it civil, hillary clinton, bernie sanders have been extraordinary polite when talking about each other but with less than a week to go, will there be any shift in strategy? we'll take a look at that next. before earning enough cash back from bank of america

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less than a week from now the two democratic front runners will face each other on the debate stage. it will be interesting to see if the gloves come off because so far the rhetoric and their repour to say the least. >> reporter: a relationship hard to define. >> i know bernie. i respect his enthusiastic and intense advocacy of his ideas. >> maybe i shouldn't say this. i like hillary clinton. i respect hillary clinton. >> reporter: some call it a modest friendship, others a mutual accommodation but whatever is going on between hillary clinton and bernie sanders, their politeness hardly goes unnoticed. in fact, when sanders does criticize mrs. clinton, he doesn't even mention her name.

listen to what he told npr. >> if you think establish the politics and establishment economics is the answer to our problems, fine. there are good candidates out there. >> reporter: meanwhile clinton told nbc having sanders in the race is a good thing. >> i really believe this is great for the democratic party and for this election because we want to turn out as many people as possible. >> reporter: she even declined to go after it. standards strategy seems to be pointing out what he has done. a subtle way of saying his opponent did something different. >> you are looking at a former member of congress who voted against the war in iraq. >> reporter: remember, mrs. clinton voted to authorize the iraq war, which cost her dearly in the 2008 election. >> any vote that might lead to war should be hard, but i cast

it with conviction. >> reporter: barack obama as senator voted against it, sanders is quietly borrowing from obama's playbook. sanders and clinton have a long history together. their relationship goes back 25 years. when sanders got to the senate in 2007, the two co-authored the green jobs act and served on various committees and worked together to make primary care medicine more available. but just because hillary clinton isn't criticizing sanders, a super pact supporting her is connecting sanders to the late venezuela leader hugo chavez all because of a heading oil deal between chavez and vermont. sanders in a rare move hit back in an e-mail to supporters connecting clinton to dirty tactics calling the attack preposterous. in the end, sanders raised $1 million in support. meanwhile, on pbs this week, mrs. clinton distanced herself from the pact. >> do you approve of this, of

going after senator sanders by the super pact? we know there is coordination. >> well, i don't know anything about what you're saying. i have no knowledge of what they are doing. >> reporter: sanders was quick to point out he won't be a spoiler for clinton's campaign if he doesn't win the nomination. though, he's not jumping at being her vp, either. >> would you be interested in being her vice president? >> would she be interested in being my vice president? we will be out spent but i think we have a good shot to win this election. >> reporter: fav dive days awaym the first democratic debate, this could still get ugly. >> joining us now democratic strategist paul and cnn commentator peter binart. the fact clinton and sanders are this civil towards one another under scores how scenical people

are about politics. they assume there is a shoe that will drop and they will go after each other. >> they may. they may. they are not doing it for a couple reasons, randi's reporting is right, they get along. politics like all of us act in their own self-interest as you point out. i help run a prohilary super back. it's not in our interest of bernie sanders. he's not the problem. we have to connect hilary up for the future. bernie sanders not attacking hilary, why? not in bernie's interest. democrats for bernie in the polls have a very high opinion of hilary. so they are doing the smart thing for of of them and good for the party, as a general rule, i like nothing better than negative campaigns. this is killing me. i understand why they are doing it, it's the smart move. >> a more person may say it's in

the best interest not to alienate. >> 10 or 20 years ago it would be obvious how to go after bernie sanders, socialist, she's not a socialist. democratic party is not a socialist party but the democratic party moved so far to the left that actually there isn't much space to attack bernie sanders for being too far to the left because on most issues, most democratic base voters agree with him more than they agree with her. so it's not clear what her line of attack would be. >> if anything, she's been moving toward bernie sanders. >> right. he's been setting the pace and she's been moving more towards him. the unissue most willing to attack him is gun control because that's the one issue they can be to the left because he was somewhat anti gun control as a senator from vermont. >> paul, what's the biggest difference between hillary clinton and bernie sanders. sanders considered more liberal, not necessarily a bad thing. >> sanders talked about a few, peter did.

i don't want to get into that unless people misread that and i haven't honestly even studied bernie's record. we don't have opposition or research in my back. we have no interest in attacking bernie sanders. i don't want to tease that out. peter makes a good point. i'll say this in defense, he's not saying anything now that i can't sell in 2016. in other words, he's not going to the left or calling for example for seal team six to liberate the bored room of goldman sachs and nationalize the banks. this is what jeremy is doing, calling for renationalization of transport and energy. bernie isn't saying anything that's scaring me at all in terms of hurting the democratic party totally different. >> wait a second, if you look at his hostility to free trade, that was a legacy and something hillary clinton was boasting about helping negotiate the tpp up until fairly recently. he's not concerned at all about entitlement, medicare and social security and the way in which

there could be a drag on the budget. if you look at the history what the clintons stood for, there is a significant what makes me differe different? >> how do you think if he joe biden gets in the race, how will things differ? >> all the problems hilary had with liberals distrusting her, iraq, being tough on crime. biden has problems square. he was even more in someways than hilary. if he gets in, sanders is the real threat to her. >> paul, you agree with that or what do you think the bidenfe biden effect would be? >> i've done a lot of research and look at the polling we have. the biden vote now if he runs comes much more out of hilary than bernie and if he runs, that's fine. i think you heard hilary, i have the same view, tough primary

producer is a tough nominee. bernie or hilary should never be held to a standard where they can never criticize each other, as nascar says, rubbing is racing. >> raining is racing. all right. paul, we'll leave it on that. >> it's dancing, apparently, mr. madonna concert guy. >> you'll never be back. be sure to tune in next week when senator sanders, the democratic candidates face on the debate stage, moderating event tuesday night 8:30 eastern right here on cnn. coming up, hard to wrap your brain around this story, an 8-year-old girl in tennessee was buried today, shot to death by an 11-year-old boy facing first-degree murder charges. it's a case that is just steeped in tragedy. what we know, next. just like eddie, the first step to reaching your retirement goals is to visualize them.

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just like eddie, the first step to reaching your retirement goals is to visualize them. then, let the principal help you get there. join us as we celebrate eddie's retirement, and start planning your own. terrible tragedy in tennessee, started out as what sounds like kids being kids except there was a shot gun involved. a little girl 8 years old, murdered, shot to death by an 11-year-old boy with a

disagreement about a puppy. victor blackwell reports. >> kiss your babies every night because you're never promised the next day with them. >> reporter: she can't hold or kiss her 8-year-old daughter michaela tonight because the third grader was buried earlier today. >> i can't get her back. i want her back in my arms. this is not fair. >> reporter: just days ago, michaela was an adventurous girl playing in her small mobile home park 40 miles east of knoxville. the adults were inside watching football as michaela and other neighborhood kids were playing with puppies. an 11-year-old boy who lived next door joined them. in an instant tragedy struck. wayne lives yards from the families. >> the little boy said he wanted to pet the puppies and they said no and kind of laughed a little bit, you know, and giggled, and that's when he pointed a bb gun at them.

he hit, misfired or something, you know, and threw it down on the grass and he went and got the shotgun and he just shot the little girl in the chest area or, you know, close to the heart. >> reporter: a shot fired from inside his home according to investigators, parents startled by the gunfire rushed outside and found little michaela as she laid dying. >> i can't get that picture out of my head, you know, her laying there. >> reporter: first responders were unable to save michaela. the grass still stained with the third grader's blood. >> i don't want anybody to step on it right now, you know, it's a show some kind of respect. >> reporter: the accused shooter was immediately taken into custody. >> the 11-year-old boy has been brought in and charged by juvenile petition for first-degree murder. >> reporter: bond is set at

500,000. the fifth grade boy is the youngest child in custody at this facility with the most serious crime, just 11 years old but he may still be charged as an adult. the jefferson county sheriff says the boy took the 12 gauge shotgun from an unlocked closet in the family's home. >> the 12 gauge shotgun was identified as belonging to the 11-year-old's father. >> reporter: the boys' parents have not been charged. that could change. this small community is reeling for both families, both struck by unbelievable tragedy. >> pray for both families and, you know, they all need help. >> reporter: victor blackwell, cnn, white pine, tennessee. >> shotgun stored in an unlocked closet. such a terrible tragedy for that little girl's family and victor mentioned the district attorney's office will have to decide whether to try the 11-year-old boy as an adult. we'll talk about it with jeffrey toobin. what do you make of this. little boy used not a handgun

but a shot gun to kill the little girl in an unlocked closet. >> it's just a wall to wall tragedy and obviously, at a human level, if not a legal level, you ask why did the parents leave a shotgun where a kid could get at it? i don't see the parents having any criminal responsibility, and the child is certainly going to be prosecuted. we know he's not eligible for the death penalty, even though they charged him with first-degree murder because the supreme court said no one under 18 who -- no offender under 18 can get the death penalty, but he could still go to prison for a very long time. >> i mean, so if he's tried as an adult in terms of, and he got, i mean, what kind of a sentence would an 11-year-old get? whether tried as an adult or juvenile? >> i mean thanks would very much be up to the judge in tennessee

because if he's tried as an adult, he could get life without parole. i think it's unlikely given the circumstances. the supreme court suggested that that also is problematic but he could get ten years, 20 years, you know, this is a very first-degree murder is as serious as it gets and this is a horrific crime. 11 years old is incredibly young to be prosecuted as an adult but under tennessee law, it's up to the judge to decide whether to move the jurisdiction to juvenile or adult court and so it could happen. >> but if he is tried as a juvenile, then what happens when he turns 18? >> then he would -- he would most likely get out. that's the -- my understanding. there are a lot of moving parts in these laws but if he's tried as a juvenile, the usual rule in tennessee like most states is they can't hold them past 18.

there could be civil lawsuit against the parents but as you can see from where they live, how much money could there be there? so -- >> just awful. >> the parents of this child are out of luck in many, many ways. >> just awful. jeffrey, appreciate you're being here. thank you. we're live through the next hour on "360". the news that rocked the gop, kevin mccarthy backing out of the running for house speaker. details on that. we go all in on the internet of things. what we're recommending as your consultants... the new consultants are here. it's not just big data, its bigger data. we're beta testing the new wearable interface... ♪ xerox believes finding the right solution shouldn't be so much work. by engineering a better way for people, process and technology to work together. work can work better. with xerox. ♪ nothing artificial.

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good evening. 9:00 here in new york and in washington where it has been quite a day on capitol hill. tonight the top job in the house, the one second in line to the presidency is up for grabs and no one seems to want it. hours ago kevin mccarthy dropped out of the race and no one saw that coming. the bombshell landed minutes before a vote by republicans connecticut geean