in the chaos, a man lays bleeding on the ground from his head. authorities say one person was shot by another civilian outside the city's omni hotel. that person is on life support and in critical condition. police descend on demonstrators and riot gear firing flash grenades and deploying tear gas. bora sanchez in the middle of the intense scene. >> they clearly want us out of here. >> reporter: cnn's ed lavandera also caught in the fray. knocked over by a protester while reporting on live tv. the protester later apologized. >> someone taking out their frustrations on me. >> reporter: police confirmed several police officers suffered injuries. charlotte officials say if unrest continues they'll explore other options including curfews to keep people off the streets. >> we are working very hard to bring peace and calm back to our city. we know that this is not who

charlotte is. this is not who we are. >> reporter: adding to the anger is what demonstrators say is a lack of transparency. dash cam footage has not been released fueling speculation as to what really happened. chris? >> that is the speculation that's of greatest concern, thank you very much. charlotte's police chief has vowed transparency in the keith l lamar scott. why won't they put it to rest? pola sandoval has more. >> they said he had a gun. somebody said he had a book. we need to do our own independent investigation to see if that is actually true. >> reporter: two very different accounts emerging about what led police to shoot keith lamar scott. police say that scott had a gun when he was confronted by

officer brently vincent. >> mr. scott, as i said, exited his vehicle armed with a handgun as the officers continued to yell at him to drop it. he stepped out posing a threat to the officers and officer brently vinson subsequently fired his weapon striking the suspect. >> reporter: scott's daughter insists her father did not have a gun. alleging if he did, police planted it. moments after the shooting she offers her account in a live facebook stream. >> charlotte police have not released the video, but maintained the evidence recovered at the scene proves their story. >> a weapon was seized. a handgun. i can also tell you we did not find a book that has been made

reference to. >> reporter: offering little comfort to scott's wife issued a statement late friday night. after lissance anlistening to questions than answers about keith's death. rest assured, we will work diligently to get answers to our questions as quickly as possible. release the officer's video despite a new law that is the city says prohibits them from releasing it. the new law doesn't go am to effect for another week. charlotte's mayor telling cnn last night she will review the video today. >> there are different perspectives and different videos. there are a couple different body cameras and some dash camera and some community videos. >> we want tahave clear, irrefutable evidence and we're working very hard to make that accessible. >> all right, here's the problem. you don't have to work that hard to make evidence accessible

because it is accessible and you have a case right now where you have two very different accounts of what happened. police say keith scott had a gun and defied orders. his family said he was reading a book. that's a big difference. let's discuss this with law enforcement trainer joe. thank you for joining us about this. i hate that it's always for situations like this. but we need your perspective. facts matter. okay. the riots that were going on last night. everybody knows they're wrong. they are a violent response to injustice. it's misdirected, it's wrong. we understand that. but the video could make a big difference here to establish what it was and what it wasn't. look at the difference with tulsa. charlotte's a different place. they had more police shootings and they had a more troubled past with policing. but what do you think? >> we have to get these videos out there. this is something that the public wants. they want this transparency and i want it, too.

if it could have changed the narrative from the very beginning and gotten out in front of this and the police department not only in charlotte but other places and they failed oto get out in front of these stories. let social media control the narrative and people start filling in the blanks. when you start filling in the blanks, people think police are making this up by now. >> you don't want to generalize, but is it fair to say that there is a resistance to video. there is a resistance to body cameras by some on the job. >> absolutely. i mean, police departments are always very difficult to change. it is, it is like a silo. they get stuck in their own thinking and then they don't want to change. these things do cost a lot of money, too. we seem to do these things like kind of half. we put out half the body cameras. not every top has one. always seems to be the police officer who dozen get involved in the shooting has one on. asking further questions.

did he really not have a body camera? these are the problems the police department is facing. >> one of the complications of the analysis in north carolina there was a law passed by a controversial attorney the state legislature passed this law that says you don't release the video. it's for internal review. but that law doesn't take effect until october 1st. they have a window of opportunity here. why would you have a law that doesn't allow for the disclosure of it? >> it doesn't make any sense to me. we have to get this information out there. that's why we have the body cameras. supposed to be about transparency and accountability and hide behind these other rules and regulations. i don't know what the government is trying to do there. always good to see you, professor, as always. we're talking aboutthe video ho make a difference. oklahoa a more troubled policing that we know about. that video is allowing everybody

to have their own take. you have the problem about before the video when the police officer who shot didn't turn on her dash cam and didn't have the body cam. there is gray area. do you think that would change what we're seeing in the streets? >> absolutely. people would be able to make a decision. this is not good, this doesn't look like what we need to see or people would kind of stand down. we've seen this before where video comes out and evidence comes out and we realize, hey, this isn't the one to protest. other times a different take. >> or just show it to the family. bring the family in. obviously, it's hard to judge emotion in the moment. when the family member came out, she was very angry and she said what she said. it was incendiary. you bring her in and now they can come out and say, hey, this was our loved one who was taken. we saw it and we understand. something. >> that's been the case. i've been doing this for many years as an activist and we'll be ready to protest and then we get more evidence. we sit with the family. sometimes the family is outraged

until they see the video and, again, we stand down. we don't form a mass protest, but it's always when the police are transparent that we're able to do something different. what's happening now and to your point, it's a structural issue. they can't release certain information. >> they can. that law doesn't go into effect until october. you have a little window. it also sheds light on a problem that people like to ignore. this is a state and local issue. they can pass the laws that they like. the federal government can't just wave a wand and say, everybody will have cameras. it doesn't work like that. so, this guy, this legislature in north carolina passed the law saying you don't get to see it. it's only for internal review. how does that help transparency? >> not every local is interested in transparency the same way. we need full transparency -- >> a lot of cops want the video, also. i have people a lot of friends on the job who say, hey, i'd love it. i'd love to not have to deal

with somebody saying i did this. but here that's not what we're seeing. >> wae want body cameras for the same reason. we believe we're doing the right thing. i want the world to see it. the fact that there's no transparency and the fact that nothing is released is helping to fuel what we're seeing in the streets. people have a reason not to trust police given what has happened locally and nationally. we can no longer assume police deserve the benefit of the doubt. >> in cases where there isn't transparency, that's what needs to be repaired. you're going into it with a set of assumptions and one of the assumptions here that we're seeing and it's not uncommon, do you know about this guy's past, legally, there's a reason why it's hard to bring bad acts into a trial because it seems highly prejudicial unless that cop knew, that person knew their past and reacting on the basis of that. what do you make of it as a baseline analysis for cops, hey, you should know what kind of guy this is.

>> as a police officer o, you don't know who you're dealing with at that time. they don't come with a rap sheet attached to their chest. listen, every police officer has to treat people with respect and engage and communicate and use good tactics. some of the things that we saw, like tulsa, that tactics looked terrible. >> they did look terrible to you because the naive people, like me, will say why didn't you run up and tackle these guys. you had one guy who thought a taser was more appropriate. is the training staggered so you go to, oh, he's not listening. let me draw my weapon. >> it gives you that extra second for you to shoot or don't shoot. >> isolate and what? >> isolate and contain. >> and what's the next part? >> cover and consume it. cover whether it's behind the van or your patrol car. you keep opgoinn going. at that point you have to back off. this is the problem that i have now, if he is reaching into the car or the window, he could have

a gun. that's what the narrative is going to be. here is an example where, you know, if you just would have backed off and given yourself that extra second behind a police door and behind the back of the car, this shooting could have been avoided. i look at the tamir rice case. they drove right up on him. >> jumped up and shot him. >> they didn't give themselves an extra chance to say, you know -- >> training and mindset. you have to train ahead but also train the heart. mark, thank you for jumping in here. alyison? joining us from charlotte is the president of naacp minister mack. thank you for being with us this morning. i see you are there on the street. the location that was the scene of so much violence last night. who do you blame for the violence in charlotte? >> thank you for having me. it's hard to put the blame on one group of people. i think it took a collective for

these events to happen. at the end of the day, i think that many african-americans in particular have been just disgusted. sick and tired of being sick and tired of having african-americans killed one after another at the hand of police and not having anyone held accountable for it. some of the young people just are responding to that. >> governor cory has declared a state of emergency for charlotte. meaning that the national guard can be deployed. what are you calling for to quell the violence there? >> i'm calling for, first of all, some accountability on police behalf. i think that it's important that whenever there is an incident such as mr. scott's death that immediately there's an action taken against the police department who is not wearing their body cam. who continually shoot folk without the escalation. it's interesting for us that many times when police have

encounters with sisters or brothers, they end up going home. they may be arrested, but they end up going home alive. our people don't to that. immediately we find out that someone has been killed at the hands of a cop. and the escalation is not for one citizen, it's for all citizens. >> yeah. we've heard that. so, so many people have drawn the contrast between the suspected terrorists here in new york and new jersey who was in an actual gun battle with police. he survived and was taken to the hospital and then these situations in tulsa and charlotte where no gun battle and the person is dead. but i want to talk to you about these conflicting reports. because as you know the police say that keith scott had a gun and that he didn't comply and they asked him several times to drop the gun and he didn't drop the gun. if that, in fact, was the scenario, does that change your thinking about what happened here? >> my thinking has not changed.

i think that the police department rushes to judgment. i think the african-americans many times are demonized when it's after the victim. i think we all need to step back and wait for compleat investigation to really know what happened. i'm really concerned about the fact that mr. scott, who had every single day sat at the bus stop and waited for his son. and, in fact, he waited for other children when the single parents were not able to pick them up. this was something he did daily. it was known. and all of a sudden the man who sits in the car waiting for his son with a book now has a gun and not a book. it dozen make any sense to us. but i'm open to whatever the final outcome is once the investigation has been finalized. >> look, police say they found a gun at the scene. they did not find a book at the scene. but do you not believe them? >> i can't at this point.

i would love to because we had a great relationship here in charlotte. but too often we find now that there has been some fabrications. that there's been some incidents that were not quite factual. and, so, i am very concerned when things don't seem to line-up. that doesn't mean that it's not true. i just need someone to prove it to me. and i think that we have been too quick to make statements that demonized mr. scott that concerns me. >> three of the responding officers were wearing body cameras. but that video has not been released to the public. the officials say that there is this new law going into effect on october 1st, which doesn't allow them to release it to the public with a judge's orders because it is not part of the public record. however, it can show the video to people who are involved. have you asked the police whether or motyou can see thnot video? >> no, i have not. i think it's important if anyone

had seen the video, first, it would be the family. as you said earlier, the law goes into effect october 1st. today is not october 1st. there was no reason to make that statement. the fact remains as it stands right now, has every right to see the video and, quite frankly, because of the climate we're in, i think the city of charlotte has the right to see that video. >> you're calling for video to be released to the city, as well as the family. thanks so much for your perspective there. we hope for a good resolution there today in charlotte. thank you. >> i'm sorry, i cant hear you. we do want to note that we have invited attorney general and the mayor and the police chief of charlotte to come on "new day" and thus far they have all declined. we're talking about the charlotte in the context of oklahoma. why? different cases and different sets of facts as we understand them, but also very different social climate.

there have been protests there. protests, not riots. police there released several videos. those videos capture the deadly encounter with terence crutcher an unarmed father of four. ana cuprocedurcabrera is live i with more. so far you're seeing protests and not riots, right? >> that's right. it has been peaceful largely here, chris. we have seen a lot of passion from community members. we'll talk about that in a moment. first, a quick update on the investigation. we are hearing that the local criminal police investigation into the death of terence crutcher could be wrapped up tomorrow and turned over to the district attorney's office who will determine whether charges could be filed against the officer. it has been almost a week since terence crutcher was shot and killed. you remember the video that has dpaun viral with his hands up as he's walking back tahis vehicle, his suv.

she opened fire because she thought he was reaching into his vehicle perhaps for a weapon. we now know that he was unarmed. the protests here have been passionate. but very peaceful. i want you to see this vigil last night about 1,000 people turned out to this vigil. inner faith and school district members and people of all races. we heard from a local pastor talking about trying to channel their anger in a productive way. >> we're really mad. and we believe we have every right to be mad, just like our brothers and sisters in north carolina. we don't want to tear up our popularity, cars. we don't want to commit violence against police officers nor one another. but we needed a place to come and say, i'm mad and i need to be able to express that. >> here it's not just about police accountability. we're hearing people say this is about changing the perception of people of color.

and that you shouldn't be feared just because of the color of your skin. chris? >> all right, donna, thank you very much. coming up in our next hour, we'll talk with the mayor of tulsa dewy bartlett and get his take on what's going on in his community. we also want to update you on other deadly shootings that we covered a lot this summer. first, there are some new developments tatell you about in the investigation of the shooting of fernando custiastil. pushing for the release of dash cam footage to show that confrontation. as for the officer who shot castile and following a public outcry he is now back on administrative leave. he was briefly reinstated on the force. you'll remember this one because they were in the car. this is castile's girlfriend. she was live streaming this entire confrontation, particularly the aftermath after he was shot.

she had her young daughter in the car. and, so they, they we are told, she and her daughter are together. they have moved to another apartment and are trying to move on. meanwhile, in baton rouge, louisiana, the department of justice investigation into the fatal shooting there of sterling. that is still ongoing. no charges have been filed. all right, so, we're going to see these situations play out in the election. what will our future leaders do about this? about these deadly police shootings in charlotte and tulsa. we have a comment from donald trump that is already stirring up controversy. it's ahead on "new day."

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campaign trail. so, you have both nominees responding to what we saw this week. trump is under fire for praising the stop and frisk policy. we have cnn's jason carroll. jason? >> trump is sure to come under more heat for this comment. stop and frisk was ruled to be unconstitutional three years ago after a federal judge called it it a form of racial profiling. nevertheless, donald trump said it works and should be used, again. offering different takes on how to change police practices following shootings of african-american in oklahoma and north carolina. >> i don't know if she choked. he was walking, his hand were high. >> reporter: daonald trump is troubled by the recent shooting. >> we have two more names to add to a list of african-americans

killed by police officers in these encounters. it's unbearable. and it needs to become intolerable. >> reporter: police shootings now front and center in the presidential race. trump vows to fix the issues facing african-american voters. >> honestly, what dayou hao youo lose? not going to get any worse. it's terrible. >> reporter: the naacp calling trump's assessment of african-american communities insulting. >> to ignore the fact that african-americans were lynched and forced to drink out of and ride the back of the bus and to compare it to the challenges of today demonstrates a profound ignorance of history. >> reporter: trump also calling for a stop and frisk policy nationwide. >> i would do stop and frisk. i think you have to. >> reporter: new york city stop and frisk policy was found

unco unconstitutional in 2013 because it targeted blacks and latinos and allowed police officers to stop and pat down individuals they deemed suspicious of carrying weapons or contraband. >> we did it in new york and it worked incredibly well and you have to be proactive. and,ia know, you really help people sort of change their mind automatically. >> reporter: between 2004 and mid-2012, police stopped over 4 million people according to the nypd. nearly 90% of them black or latino, with just 12% charged with crimes. >> cursed at me and said get against the. >> i could feel the presence of police officers standing over me. >> reporter: trump's campaign later saying in a statement he was only suggesting a locally tailored version of stop and frisk should be used in chicago specifically, but double down on his support of the policy he has publicly endorsed since 2013. saying stop and frisk saved lives and reduced crime.

a sharp contrast to clinton whose campaign announced she would implement a national standards to help prevent police-involved shootings. >> we need to come together, work together, all of us. >> reporter: she also praised the work of law enforcement after the swift capture of the new york and new jersey bombing suspect. >> every day police officers across our country are serving with extraordinary courage, honor and skill. those police handled those terrorist attacks exactly right and likely saved a lot of lives. >> clinton advocating for more community policing. as for stop and frisk, new york city's mayor said the practice would alienate the people who need to be partners in the fight against crime. the mayor, we should point out, is a democrat and is supporting hillary clinton. chris, alyison. >> that debate whether stop and frisk was effective.

in our next hour, we'll talk about donald trump's take on stop and frisk and have bill deblasio here with his response. >> he also had a very strong and somewhat controversial take on this. a developing story out of japan. the late breaking details when "new york day" continues. i was out here smoking instead of being there for my son's winning shot. that was it for me. that's why i'm quitting with nicorette. only nicorette mini has a patented fast dissolving formula.

it starts to relieve sudden cravings fast. every great why needs a great how. he's a race-baiting, xenophobic, religious bigot. sage. donald trump is a phony, a fraud. he's not a serious adult. i can't vote for donald trump given the things that he said. trump should not be supported. i believe he's disqualified himself to be president. i just cannot support donald trump.

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we do have some breaking news for you. a second night of protests in charlotte over the deadly police shooting of a black man. north carolina governor declaring a state of emergency. protesters clashing with police and officers using tear gas to try to disperse the crowds. at least four police officers were hurt. one person was critically wounded. shot by another civilian. police say they are reviewing video from the night that keith lamant scott was shot. it is unclear when and if that video will be released to the public. we're learning new details about the condition of accused bomber ahmad rahami.

he is intubated after surgery. you'll remember 29 people were injured in the blast in manhattan. now, the suspect's wife is back in the united states and expected to cooperate with investigators. we also have some breaking news out of japan for. a u.s. fighter jet crashing into the sea off of the coast of kinawa. the jet went down about 100 miles east of the southern japanese island. one person has been rescued after safely ejecting. we do not know if anyone else was onboard. the jet was stationed at the usair base in okinawa. fatal police shootings in tulsa and charlotte. very dangerous reactions from donald trump and hillary clinton. we'll take a look at them and then project how their replies could impact the election, next. >> he is unqualified to be president. >> hillary clinton lacks the judgment.

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the deadly police shootings in charlotte and tulsa leading to violent protests last night and igniting a debate about what can be done. both presidential candidates responding to this violence. >> hand up, he was doing everything he was supposed to do. and a young policeman shot this man. i don't get it. >> we have two more names to add to a list of african-americans killed bay police officers in these encounters. it's unbearable and it needs to become intolerable. >> so, let's talk about this. we want to bring in cnn politics mark preston and "washington

post" reporter abby philip. you heard both candidates there express dismay and disappointment. they're both saddened by what they're seeing here. the question is what to do about it. we had robby on yesterday and asked what her plan is and he gave a hillary response. let's remind viewers what he said her plan is. >> no set of best practices on how to manage like what happened in tulsa. these situations are handled by local policies currently and what she is proposing is that we actually set up national standards so that localities have better practices to work with and train towards. >> so, national standards, so, leicalities have better practices to work towards. now, let me play for you donald trump's much shorter response when asked what he would do about it. listen to this. >> wae all respect our police

greatly and they'll just have to get better and better and better. >> theria go. i mean, can you imagine a better illustration of how they both approach these things, at least communication wise. >> what message cuts through a lot easier. donald trump is saying we're going to get better, better and better and parodyi and let's tak about best practices when the situation is so much bigger than both of them right now. i was covering this last night and we were watching this as unit unfolded on television. beginning they want to be the leader of the free world, but so much bigger than that. 535 elected members of congress. a lot of stuff gets bottled up in there. more to do than police officers on the street who might not have enough training or, you know, just a small amount that are engaging in the violence. there's such a bigger problem here right now that all the

politicians right now are not dealing with. >> but the politics of the situation matters. let's deconstruct this a little bit in terms of how each of these candidates decided to deal with it. hillary clinton, alyison says hillary clinton-esque answer. here's what we do. we would create a national standard. that's what you can coo on the national level because policing is state. they think they gave an accurate answer and not one that is about bureaucracy and meandering. trump comes out and finds a way to say something that is incendiary. it looks like the cop choked. cops have to get better and better and then it says she choked. stop and frisk. that's a great thing to do. it's hard to find a community who wants more stop and frisk in their neighborhoods. how do you contrast these styles? >> this is really the essence of these two candidates kind of boil down into what they're saying in response to this.

i mean, the thing about trump is that he's saying this today, but nobody really knows what he's going to say tomorrow. in fact, hours later he was talking about stop and frisk after expressing some sort of concern about the incident in north carolina. so, you kind of never really understand where he's going and what he wants to end up saying. and with hillary clinton, it's always sort of, it's a process. it's about the entire system. and i think for voters, they're just facing the same choice they've been facing throughout this entire election. it will reinforce what they like about their respected candidates and what people like about hillary clinton and what they like about donald trump. i don't think it will change many mind here and i don't think that is what donald trump is trying to do and just going with whatever comes front of mind at a moment. and, that's what he's been doing throughout this entire campaign. >> so, we talked about stop and frisk, which does not play very well in the black community.

he also, there was also an event where he brought out don king yesterday. don king, of course, yesterday famed boxing promoter. colorful guy. >> homicide background. >> and he said, you know, some incendiary language he used. let's listen to that promo. >> i told michael jackson, i said if you poor i will yurz the n-word but if you are rich. if you are intelligent, intellectual. if you are dancing and sliding and gliding, i mean -- >> so, i mean, he's joking about it. the crowd seemed to like it. mark, you're rolling your eyes. how does this play? >> it doesn't play very well. i wouldn't even argue. the word that he used is an

awful word. i would argue that the word that he's using, as well, the word is an awful word, as well. that is a word that, you know, quickly came out of fashion. here's the thing about donald trump, the difference between what we saw yesterday on this show with the head of his national outreach talking about what needs to be done and really art articulating what the republican side is. was an accident way of doing it. then donald king who is a showman. they're two of the same. they're both entertainers. >> your take on whether or not this matters. >> don king is an entertainer and this is just what we've always seen. donald trump surround himself with people who are in some ways like him. who know how to work the crowd and entertain people. i epithink thdon't think this w any minds at all.

a whole degree of seriousness about this indave endeavor whic serious for trump. >> abby, mark, thank you. so, we're seeing the situation play out in real time and we're even seeing it in sport. carolina panthers quarterback cam newton speaking out on the deadly police shooting in his city and the unrest that's followed. what he is saying may surprise you. we have our details ahead. and then, in one blinding blink of an eye, their tree had given its last. but with their raymond james financial advisor, they had prepared for even the unthinkable. and they danced. see what a raymond james advisor can do for you.

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what do we do about what's happening in charlotte. we hear from politicians and we hear from athletes. cam newton speaking out on social injustice. andy has more, abanndy? >> one of the most famous people in charlotte and yesterday he was asked his thoughts on what's going on in his city and across the country. >> i'm always salute to the people who stand for something. and, also, people who represent, you know, holding themselves up to a standard. if doesn't matter their race. you know what i'm saying. i don't see that through a black/white lens. but there are good people who doesn't have a bad bone and we all have to to as united states citizens to have to be accountable for what we do. >> and the texans play at the patriots tonight for thursday

night football. alyison, we'll have tasee if more players join the national anthem protest before the game. release of dash cam and body cam video. we have a guest coming up who has seen them. plus, does have the video from tulsa showing have everything on it? we'll walk through it with trainer export thisthe only pick-up50. with a high strength, military-grade, aluminum-alloy body. of all the full-size, half ton pickups, it's got the highest gas mileage, best payload, and 12,200 pounds of towing power. plus, no body rust. and this is the safest f-150 ever built. the only pickup to pull the government's 5-star safety rating and earn an iihs top safety pick.

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did you know people can save over $500 when they switch to progressive? i got your nose! i got your nose right here. i know that's your thumb, grandpa. talent! learn about it! . we do have some breaking news because there were riots in charlotte for a second straight night. now, this is a different scene than what we've seen in tulsa, oklahoma. that's where the city released the video of a deadly police shooting of an unharmed black man and things have been much calmer there. let's bring in cnn law enforcement analyst and former atf executive matt. thank you for being hear. >> morning.

>> two different scenes. violence is erupting in charlotte. that's where police have not released. there were three responding officers that were wearing body cameras and the dash cameras. they have not released it to the public. we really don't know what the situation was when this man who was in his car waiting allegedly for a school bus was shot. the police say he had a gun. his family says, no way. he was reading a book. do you think that if they released the video it could quell the violence? >> i think during the day today they're going to have to exercise crisis management and a good message. the police chief has already said a gun was found on the suspect and no book was found. we know that. this is after the fact and after the protest. >> i'm inclined to trust the police chief, but so many people in charlotte say you need to prove that to us, we don't believe you. >> a good crisis management and they need to do that now. >> let's contrast that we have

seen no violence. terence crutcher wassen even pulled over. his car broke down and theaded help. they told them to put his hands up. let's watch a moment of this. here you can see his hands are up. the police see his hands are up. but he's walking back to his car. police taraining. what are they telling him right now. >> they're telling him to stop. stop where you are and make sure we can see your hands. he is walking. >> but do you think, in other words, you're sure. we can't hear them say this, but you're sure they're saying stop, stop in your tracks. >> if they're sure something is wrong, they want to get control of him. have him stop and put him in a place where we can control the action. >> but, for whatever reason, he

doesn't stop. he keeps walking. now, two responding officers are following him. it seems to us that they do not want him to get to his car. this is where it escalates. now, as you can see, matthew, he continues walking to his car. the two police officers have their guns trained on him. what do you see at this point? >> the officer's option to get concealment behind the vehicle and put hand on him to gain control of the situation. they do neither. >> neither one of those happens. and they stay here and he's at his front door here. now, there was one story he reached in through the window and his family attorney said, no, the window was up. however, as you can see here, matthew, his hands are not up. his hands are up and down here near the door handle. what are police thinking and doing now? >> they may not see his hands and there may or may not be a

reason to use intermediate force. >> what does that mean? >> we can use a batton or a taser and we want to get control of the suspect. >> they should run up to him right now. >> listen, i've arrested hundreds of people. we've done this hundreds of times. if it is a safe situation to do it, you make a safe decision. >> he doesn't have a gun as far as they know. they don't know if he has a gun on him. what would be the calculus whether they run up and tackle him? >> it's an individual threat. what is the threat? do you see a threat and feel a threat? in this situation no one had any reason to believe he was a threat. he's walking and talking. they could have let him walked to the other side of the car and it would have never made a difference. >> this part is very disturbing. this is the moment of the shooting. now, there are more officers responding. four officers here and in a moment, you're going to see the shooting and him fall down to the ground. matthew, how does this happen?

there were two officers that ran up. one of them used a taser and one of the female officers shot him. why two different responses? >> on the surface this is as ba what happened to north charleston. a threat to you may not be a threat to me. i may think i could handle the situation with a tareo rer hands on and the people could feel out of control and feel threatened. >> this gets to what we were talking about, there is no uniformity? would better training help so you know exactly what to do and you're not sort of winging it when you get there. >> every situation is uniquely different. i've seen situation wheres one officer says i felt threatened. another officer says, i did not feel threatened and that's the challenge you have. in this situation, do you see anything that warrants this person being shot?

>> absolutely not. no weapon, no gun, no sword, no violence, no action. i don't know why these four officers couldn't gain control of it. >> thank you for sharing your training with us to help us understand this. more on the breaking news on the violence in charlotte. let's get right to it. this is cnn breaking news. -- >> good morning. welcome to your quaelt n"new da" a second night of of violence. north carolina governor declaring a state of emergency as chaos erupts in the city's business district. you have some people protesting. you had others who were just looking to clash with police. tear gas used, quen, to break up the crowds. >> shattering windows in downtown businesses behere o