have a little light-heartedness. show some humor. those are all good pieces of advice. >> smile. >> for both sides. >> okay. governor, thank you so much. appreciate your time tonight. thanks for watching our show everyone. see you back here tomorrow night. ac 360 begins right now. good evening. two american cities grappling with the aftermath of fatal police shootings of african american men. two families in mourning in tulsa, oklahoma. >> the officer who killed terence crutcher on friday is now charged with first degree manslaughter. and in charlotte, the national guard has been mobilized after two nights of protests in the shooting of the keith lamont scott. the family has now seen the video. they say they now have more questions than answers. the police chief says the public will not see the video. first in the thick of it last

night. and joining us again tonight. i understand the family just issued a statement about what they say the video shows. >> reporter: that's right anders anderson. they say watching this video was extremely difficult for them but they say they have seen some things in the video that are inconsistent with what they have heard from police. first off they say it is impossible to tell from the angle in the video what mr. scott was holding in his hands the moment he was shot. they also say that he didn't approach police aggressively. as a matter of fact they say he was moving backwards apparently with his arms down at the time he was shot ands. the reaction here on the street so far has been peaceful. we've seen about 70 or 80 people out hered to some faith leaders here earlier. leading a prayer. they have since moved out. now it is just locals. again for the most part

peaceful. leaving behind signs and memento for those effected last night. and the concern is how violent will tonight get? law enforcement is waiting and watching. >> as the sun came up in charlotte thursday t scope of destruction from violent protests the night before came into full view. it was a far cry from how local leaders had hoped that things would go wednesday night. >> we have had a lot of things that transpired last night that we're still trying to piece together. >> >> reporter: the night began peacefully, demonstrators gathering outside police headquarters holding signs and carrying slogans. things quickly devolved, a less peaceful group, making its way downto downtown. hurling rock, leaping on cars. and yelling threat at police. a s.w.a.t. team and officers in

full riot gear were mobilized. then chaos erupted. as officers tried to disperse the crowd with tear gas, flash bangs and rubber bullet, looters smashed windows of downtown hotels and businesses. the crowd targeted police vehicles, went after members of the media and even each other. shortly after minnesota a state of emergency was declared but did little to slow the violence. finally by 3:00 a.m. things began to calm. in the end five police officers and nine civilians were injured. >> we made a total of 44 arrests. charges range from failure to disperse, to assault, to breaking and entering. basically breaking into businesses and stealing. as i said, we're going to continue to review the video footage. because i do not believe we have all the criminal suspects to charge with various crimes at this point.

and will not rest until we bring all people to justice. >> kwhiel more than 300 national guard members were sent to charlotte to help keep the peace, mayor roberts tried thursday morning to reassure her community. >> today is our city is open for business as usual. and we let people know. come to our uptown. we're here working. our buses are running. we are here to serve and the city is open. >> whether it will remain business as usual may depend on footage captured by dash and body cameras before the moments before keith lamont scott was shot and killed. while the police would not release the video publicly think did show it to the family. and no matter what it may reveal he said this. >> let me make this very clear, this family this family does

not -- does not agree with rioting or innocent individuals being injured or killed. but they do support citizens and their right to voice their frustration, to voice their anger. >> boris, i understand you are just learning some news about the man shot last night during the protest. what do you know? >> reporter: his name is justin carr and he was killed right out here. there is a stain on the ground where he went down. so much confusion and so much noise people p weren't really sure. what we've heard is this is a civilian on civilian act. and not by police. at the time it fuelled the anger here. people thought police shot another person and that really

riled the crowd up. as far as law enforcement right now the national guard is out on street corners. i saw a line of them as we were walking in this direction. very heavily armed. very large vehicles they have with them as well. the police are also out here. so in terms of tone the way this night is starting this is certainly a much larger law enforcement presence. it appears that they are taking this very seriously, different from what we saw last night. where at first the protesters heavily outnumbered police, anderson. >> all right. we'll continue to check in with you over these two hours. the violent protest charlotte's been dealing with put a strain on whole community particularly law enforcement officers who's job to keep the peace. joining me --. david, the police chief said based on the video evidence he's seen which includes dash cam or body cam video he's not able to tell if scott was pointing a

gun. if he had a gun but was not pointing at app officer could deadly force be justified? this is an open carry state. >> police officers are trained and common sense dictates that you can't wait until the gun is pointed. when the gun is pointed by definition they are able to squeeze a round off. so police officers are trained if someone is doing something with a firearm that leads a reasonable officer that they are about to bring to it bear to shoot a them it is appropriate to use deadly force. one thing we have to get straight here is we have to get straight what the law and the training says. and both training and law. court case after court case, the judges have always ruled that police officers do not have to wait till a weapon is raised. so the question is, if someone is merely standing there with a gun, typically there is no justification to shoot. there would be some circumstances where it would be appropriate. but we have to know the totality of the circumstances to get

understanding of what was going on and what movement if any was going on with the hand that was holding the gun. >> michael eric dyson does that make sense to you? >> it does yeah if all things are equal but they are not. first of all in an open carry state, why is it then if the law justifies the ability of a citizen to possess a firearm, that they have not anticipated that any herkky jerky move can be broadly interpreted as a fearsome and therefore at a threatening one? but it seems that that fearsomeness and that threat always, if not always, usually is associated with an african american person. so that now the prospect of fear in the mind of the police is culturally induced as well as physically parent. the same move by a white person may not strike the same fear as by an african american. so if the point is for the citizens to be able to wield their guns, it seems again there is a kind of self-sensor that

has to come out about an african american or or latino because you don't have the same mobility in range of display of that weapon as other citizens. >> without the video evidence to back up the claims of a threat, does it -- does it hurt the police narrative? i'm not clear on why they don't release the video? i know there is new law going in place soon they are not able to. i don't believe it is in place just yet. >> i worked a as a lieutenant in the internal affairs here in nypd. and on many instances i investigated these police shootings. one of the key components is the officer must believe that that individual, meaning the suspect is possibly going to cause deadly physical force or very serious injury to either the officer or a third person. now in connection with this video displays, it is very difficult to make that assessment. case in moint. when we look at what happened in oklahoma we had go different views. we had a view from a helicopter

with one perspective where we saw the window was up. but for the dash cam video for the officer it was very difficult for her to assess if the window was down or up. i look at this particular instance and we have a lot of holes here. but one problem i have is the police chief. he's making a series of statements in connection with this video. just release the video. as opposed to giving us short snippets. because the public has a hunger or fester for knowledge with this case. and i think that is what caused the combustible situation that we had in north carolina. and the police chief -- i want to say the department should be far more transparent. >> david, do you believe the video should be released? is there an argument to not release the video? >> i think there is a very good

argument to not release the video. and that is the integrity of the investigation. it is very important that people understand that you cannot release a video unless and until you have all witnesses have been interviewed and then any sort of cross-check in terms of reinterview because you don't want to pollute the minds of the wn witnesses with this additional information and i also argue police officers should not look at the videos that are about a particular situation where they have discharged a firearm until after they have given their statement. and if there are discrepancies they can be addressed. now i want to double back on something eric had to say. and i would is that there is absolutely no imempirical evidence from the field that indicates police officers are going to be quicker on the trigger when it is a black suspect versus a white suspect. there are all sorts of laboratory experiments about static photographers but once an

sifr in terms of movement there is no dmimpbs terms of the timing where officers pull the trigger. and i would also suggest he should take a third chapter of my book into the kill zone and talk to actual police officers who have actually done the job because my experience having worked the south central area in southern california many many years ago and talking literally to hundreds of police officers, they do not look at black people as any more aggressive than white people when the gun is coming out. the question is where is that gun? and if the gun is coming into a posture that is perceived to be threatening they are going to go into the trigger. >> that sounds great in terms of a laboratory. but we are have a living laboratory out here and the actual existence of black people in community where time and again this scenario is being repeat sod that may be true in terms of scientific verification for the likelihood of a differential response. but what we know is that the fear of african american and latino people and the set of stereotypes that inform both

racial profiles that occurs among police people widely and broadly the kind of culture suspicion that is associated with african american bodys. this is not something quarant e quarantined to mere police investigation. this is something deep and pervasive in the culture. and how could we possibly believe someone reared in the culture and trained by the same officers would somehow be kpemplt from same biases both explicit and implicit that are associated with african american people that have been documented in terms of policing a as well. >> because there is all sorts of evidence from research i've conducted and others have conducted that indicate that police officers are in fact not more likely to shoot in the field a black individual with the exact same circumstances of a white individual wielding a gun. that is the evidence. and if you look at the evidence from a washington post which comes back from 2015, which is the only decent count that we have of police officer involved

shootings, white police -- excuse me. white citizens are far more likely to be shot than black citizens in terms of disproportionality once you take into account violent crime involvement. the differentials disappear. so there is an awful lot of information we need to look at rather than simply buying into an argument because there are problems that we have in society that -- >> but there is not buying into the argument. the point is that what you didn't cite in that study is that black people are disproportionately stopped more so that the discharge of the weapon after the fact may be one differential that we can acknowledge. but the point is that there are far greater likelihood that african american and latino people will be stopped from the very beginning and therefore, as a result of that a higher likelihood that african american people will be involved in a fatal encounter with the police. that can't be deduced by

statistical analyses and myopic statistics that don't pay attention to the lethal encounters of african american people to what we see going on. you are trying to ask us, basically, do we believe our lying eyes? or do we understand what's going on in the society? with that kind of approach we'll never begin to solve the problems you confront. >> you shifted the argument, sir. >> let me jump in here. michael eric dyson. -- to be continued no doubt. you are looking at live pictures there of proertss now starting to move up towards the uptown ya area in charlotte. in part they are chanting release the video, as well as other things. we're going to hear an attorney for the scott family coming up at the top of the hour. ♪

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after violence over the last two nights the scott family has now seen the video of the shooting. in charlotte where protests are, brian, explain where you are and

what the scene is. >> reporter: anderson, at the corner of -- street and tryion street in the uptown area of charlotte where a lot of the violence happened last night. a spirited crowd so far tonight of at least 200 people. they just got joined by a crowd that came up trade street. about 50 feet. so the crowd just got a lot bigger. they are chant. doing a lot of anti-police chants here. they have blocked the intersection of tryon and trade street. a momentum ago they were chanting "release the video." a big reason is they simply do not trust the police's explanation of how keith lamont scott was killed. they want that video released. they were chanting that as march. we've been walking with them about a half mile, to this

intersection. and they are just blocking the entire intersection right now and chanting. >> and brian, in terms of police presence, national guard presence, what have you seen? >> reporter: we've seen police lining the streets. but anderson, i have to tell you, right now at least so far tonight the police presence is not as heavy as we anticipated. they may with kind of laying back, doing some staging and just waiting to see how this plays out. we have seen some national guard on the corners and seen sporadic lines of police but not the large phalanxes a as last night. so we'll see where this goes from here. right now it is a spirited crowd. it's got a little bit of anger but it's been very very peaceful so far. >> and is there a sense of, often times in a protest there are people directing the protest, have an idea where it

is going to go. monitoring. is that the level of centralized organization? or more done over social media maybe and people are just kind of joining and figuring out where to go? >> reporter: well i think a little of both anderson. there's been a couple of people who i identified as organizers of this march. a young lady directing them where to go and she was the one who directed them to stop in this intersection. when i asked where they were going. she didn't want to tell me. she said follow us and you will see. maybe she didn't know, maybe she did. but i would say it is lightly organized at this point. >> also it seems like some protesters have -- i don't know if it's full on gas mask but apparatus to put over their mouths if there is gas i guess. >> yeah. there are several of them. they have bandanas, they have masks. you know, i think they are just ready for anything. they saw how bad this got last

night. many of them were probably out here. and they are just -- you know, they are ready. and the police seem to be ready that. but again, i have not seen a massive police presence. i get the sense andersen that the police are just kind of hanging back a little bit. >> often times in a situation like this police want to hang back and not such a big visual presence because they don't want to accelerate things or make things any worse with confrontations. they will wait and see where things are going. which i think we saw some of that last night, brian. it certainly seemed last night that there were small numbers of police initially and then larger groups of police arriving at the violence got worse. >> reporter: that is right. we kid see that last night anderson. my producer told me a bus load of police just arrived? >> [ inaudible ]. >> my producer said he saw a bus load of police arrive a few

yards down the street from us. and again that is not unusual in a situation like this. they are laying back and just getting ready. >> have you seen businesses? are they boarded up? given what happened over the last two nights? >> reporter: we have seen businesses boarded up. and we have seen. it is interesting the mayor roberts said earlier today that this town is open for business and it is going to be business as usual. we also heard just before that bank of america and wells fargo and other major companies told their employee, non essentials to stay home. so it is not quite open for business and this town seemed a little more sparsely populated than on a normal day. and we did a couple of shots from hyatt earlier down the street from here. it suffered window damage last night and two employees were assaulted. what we saw is they were

removing some of the windows that were not damaged and putting plywood in their place. so really just gearing up in anlt pags of this night. other businesses were not. but that business that really got hit hard last night. so you have a combination of things. there is a lot of tension and there is a lot of anxiety here tonight. so far here the extent as far as the real passion and energy in the streets. >> brian i'm not sure if you are been able to see this or not. the national gerrard are on the streets.uard are on the streets. they were really kept in staging areas in ferguson. they weren't necessarily patrolling on the streets. but boris sanchez was saying he had seen some on street corners. have you -- are they actually armed? >> we did see some national guardsmen armed. we saw others who were not armed

or very lightly armed. i personally saw one national guardsman with a rifle. i did not see a huge presence of them. they are on the od corner. but not on every corner downtown. and as far as how heavily they are armed seems to vary anderson. the crowd is now on the move going down trade past tryon. getting my barearings. i believe we're headed east. don't know where -- >> on the right-hand side is your screen. on the other side is it a different vantage point. several lines of police officers in riot gear just standing by, waiting. some folks had taken pictures of them. but again that is a separate area nearby to where you are. boris sanchez, i want to go to you. you are where the police officers are. what is the scene there? you are not too far from where

brian is. >> reporter: we are literally a couple hundred feet from brian. there is a large, large contingent of police in front of me decked out. there are people here taking pictures of them and yelling things at them. i want you to turn around and take a quick look behind us. because this is the crowd brian was just talking about. there is a large circle of people that blocked traffic in the middle of the street. this is down the street from the omni hotel. chanting slogans and people with blow horning yelling out into the crowd and mostly peaceful. they are starting to move away from the onmni in a different direction. so far the police have been non responsive just standing and watching. right now they are chanting "can't stop the revolution." and as you can tell it is a mixed crowd. quite a few people. i would say that right now there are a couple hundred. i can't say it is more than 200. but definitely more than a

hundred. i'm going swing back over to the police, who are not moving. but some people in the crowd are now walking towards the police and confronting them. so things could get dicey if things get out of hand and agitators start throwing things like they did yesterday. so far things though are mostly peaceful. there is a buffer space between police and the protesters. just down the street i heard you ask my colleague earlier, if we saw national guard. there's actually very heavily armed national guard right outside of the omni hotel with a large armed vehicle. so they are not far, clearly ready to move at a moments notice. and again, we're go aheaden anderson. >> one of the difficult things i imagine for police officers is if protest just is kind of fluid and there is not a pre ordained path or route they are going to

take, the question is, are officers kind of following along? as we sometimes see in various protests, we in new york city i remember when prettiers took other the west side highway. police were following along trying not to intervene but just keeping abreast with protesters. is that the scene here? or are they allowing people to just walk where they will and try to pre assemble at various junctu junctures. >> this is very, very disorganized, anderson. in this case it was the protesters who have approached the police. the police have just been standing kind of corner of this building. not any formation or mobilizing. mostly protesters trying to walk down the street. many are still walking down the street but many of them came up here to this line where we see them trying to get protesters to back up now. sounds like they are yelling

release the tapes. yeah. so right now it doesn't look like police are responding to them but it is a curious situation. i'm not sure if you can see on camera. >> boris i got to interrupt for a second. brian what is the situation where you are? >> well anderson we've got a crowd of people confronting riot police but they are just really getting in their face and yelling and pointing at them. we're behind a line of people doing that. you can maybe see the tops of the riot police or maybe you can't. quite the scrum around here. but they are really just pointing, yelling at them. there are a couple of community activists who are kind of getting between them and the police just to make sure things don't get out of hand. but you can now see a little bit of anger boiling over here. >> i want to go back to boris sanchez with the scene from the other side. slightly better. boris we did see last night a

number of people standing between police and some of the more violent protesters or trying to get a confrontation. we're seeing that again here now. looks like a pastor and some others who are clearly trying to keep the two apart. >> reporter: we just got word they are declaring us an unlawful assembly so they are clearing people out. there have been repeatedly people getting in between the police and protesters trying to keep the situation calm. trying to keep the situation peaceful. one was a public defender. actually there right now in front. he was speaking with protesters but he kept going back trying to

keep people from getting arrested. he told me he's doing this because there are no leaders in this community that are stepping up for those that feel that the justice system doesn't represent them. so he's trying to make sure that the voice that's coming from the community is one of, you know, emotion but certainly one of peace and one that doesn't -- one second. and it is a voice that certainly doesn't miss the message they are trying to get across and damp they are message with violence. we're still hearing that mega phone. they are basically telling people to leave right now. some people have left but the crowd in front of the police is still sizable anderson. >> on the left-hand side we're showing your camera. on the right-hand side we're sewing a helicopter shot of a fair number of people. is that the group that was in the intersection before and has moved on? do you know boris? i know your static in your spot so you may not be able to tell.

but it looks like well over a hundred i would think people is unclear to me where they are going. >> yeah. i would say that most of the people that were in the middle of the intersection in that circle have moved on. i can't tell you precisely where they have moved on but down tryon street and further down. it doesn't compare to the crowd. the circle doesn't compare -- or rather the crowd in front of the police doesn't compare to the number of people in that circle. that was well over a hundred people. maybe 200. here i would say there are 60, maybe 70 people and a lot of media obviously standing in the way as well. it is a big crowd but it is not nearly the size we saw before. i'm not sure where the other folks went. they may have just dispersed after getting that message from police. i'm going to try to track them down. >> we're certainly seeing them on the right-hand side of your screen i think on the helicopter side. we're going to take a short break. boris sanchez, brian todd.

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continuing breaking news from charlotte. a third protest under way. solver we haven't steen violence of the last two nights. we're showing that helicopter shot of large group of people moving down the street. where are you now and what are you seeing boris? >> reporter: [inaudible]. >> i want to bring in retired nypd darren porcher who is watching this along with us. this has got to be for police an extremely, because it is such a fluid protest and at this point peaceful thankfully. it still has to be a big challenge for police to try to figure where they are going and how to respond. >> absolutely but the key in personnel. when we look at baltimore in connection with freddie gray, that was a teachable moment on a

national level. one thing we have to take into consideration is how will law enforcement deploy the resources. if you notice on television you don't knee the national guard troops. the national guard troops are being positioned in the kplerl areas. high real estate areas so to speak. which occurred things like looting in baltimore. the state police are now being held what we reserved to as reserve and that is is going to be called upon by the local p.d. the chief of police for charlotte police department is the shot caller. he's going to direct and employ rurss. he's already been given that position by the governor. the charlotte police department has a list of agitators. a lot of these agitators are people from out of town that quote/unquote, stir up the pot. so if we have an issue with one

of these agitators, it will be the local police department, the charlotte police department that would assess and extract the individuals as deemed necessary. but once again, as you mention anderson. we do have a fluid situation. however, when we look at the totality in personnel we have an overwhelmingly large number of police and law enforcement officials as opposed to the hundred plus people we have as demonstrators. >> and lieutenant, we've seen increasingly and last night again that technique of police lines and a small group of police will quickly run out, grab somebody who they believe is an agitator or causing trouble. and bring that person through the lines again and arrest that person. is that effective? >> it is very effective. because the leaders in many of those instances are theage st e agitato agitators. so when you move the quote

unquote rebel rousers. the rest of the group calm down. a lot of people are law-abiding citizens exercising their rights. the small percentage of the referred to as an at a timers. the local p.d., those are the individuals that these agitators that who we got to focus on. because the majority of these people that come to protest are good people. >> boris sanchez is there. boris we're lacking at your camera. a small group of police seem to have a formed a circle or scare and standing by. >> reporter: they are standing by. the biggest part of the crowd has moved down the street to a local park. but there is where the encounter with police and protesters was most heated. they actually moved from the corner of the building into this area. partly because i think it was getting kind of dangerous. there were people on all sides

of police and they were cornered now. there are still protesters behind me and across the streets as well. we don't know exactly where they are headed. this is i believe south of where the park is. the park is directly to our east. i don't know whether they are circling the block or they are doing this to get out of the way for now. but again, so far, a very heated argument, nothing violent yet. there were calls for the crowds to be dispersed. from loud speakers from police. some of the crowd did disperse but what i understand, that big circle of people that was blocking the intersection for quite some time has moved down to a park a short distance from us. i'm not sure if that is where we are heading now. i'm going to try to find out anderson. >> and lieutenant is still with us. darren, in a case like this you have a lot of people yelling things at police r police officer, engaging with police officers or trying to engage with they will. is part of the training for the police to just not respond? or do they want police talking

to people? how to do they handle? >> each case is different. as i mentioned earlier, what happened in baltimore why connection with freddie gray, that was a teachable moment for law enforcement on a national level. we don't want -- we don't want the protesters to begin destroying property. therefore the incident commander here, which is the chief of police of the charlotte police department, he has guidelines -- i shouldn't say guidelines. but has he has a focus and that is going to be predicated on the actions of these protesters. but primarily the goal is to preserve human life and property. because if we let the people just continue to riot, the thing will just go out -- it will spiral out of control. so we want to snip this in the bud as quick as possible and it seems to be an effective strategy because we don't have the public disobedience that we had over the last go days.

>> it is a -- >> reporter: in addition, we've had correspondents that have been injured by protesters as well. so it is a very dangerous, and fluid situation. and it is incumbent on the police they practice quintessential law enforcement tactics to preserve life and property of all parties involved. >> i think we also have david clinger standing by. former lapd officer and also criminologist. as you watch this tonight, it wasn't really until frankly about this time last night that we started to see some violence. that was the incident outside of the omni hotel. so far tonight, thankfully, it seems to be must have more controlled, more orderly. it looks like from the override shot i'm see gt rye now.

there were people -- looks hike they are moving on but certainly an organized police presence. >> reporter: yeah and important for people to understand that one of the things that may be going on and with the addition of the national guard it frees up more police assets. typically a guard will serve in the perimeter position and take that role so more police officers can be brought on line. so that might be part of why there is a bigger show of force that is having that effect of calming things. and as your other guest was talking about. if they are making targeted arrests. riots have very emotional. and if leadership is taken away. often times that does calm the emotion. and so if that is what's going on on the ground in charlotte, i would expect there would be an outcome that would not be as violent as last night's situation. >> even though the initial, you

know, grabbing the person, arresting the person may anger the people around, it has the effect -- i mean it is a proven tactic that it has the effect of kind of dissipating protests. >> reporter: that is all the evidence that i'm aware of, absolutely. and not just the leaders. but if someone is involved in some type of criminal activity and the squad leader or the sergeant whoever they have got back in the line up says go get that guy, he committed a crime. then what happens is maimmediaty the visual for everybody else there is oh they are arresting people now who are committing crime so we're not going to commit crime two. ways as a positive that works. and some members of the protest group are going to be upset because the leadership is taken away and people who are committing crimes are taken away. that does tend to let the air out. >> david. the riots i've been in over the

years, my belief when i was a reporter is if your camera is effecting the situation in some way, it is beholden on you as a journalist to not be pointing the camera, to move away so you are not altering the situation. but now you have a situation where everybody has a camera and there is a lot of folks who want to document some sort of a confrontation. not necessarily professionals but just people who are part of it. they want that and that adds another layer zpl absolutely. a -- >> absolutely. and talking to friends of mine on the job one of the things they relate is often times in a traffic stop or response to a business or something, the cell phones come out. and the cell phone recording people are trying to egg on the citizens to try to create something so they can get a youtube moment or maybe even egg on the police. so absolutely we have this reactive effect. and that is a challenge. that is a problem. this is something that is new. this is something that law enforcement doesn't really know how to manage in terms of what

can we do to try to mute some of that? but remember, the police aren't in control of everything. if the police were in control of everything there wouldn't be a riot in the first place. so the police need to figure out ways to leverage the assets they have, work with the their assets, work with assets in the community. you mentioned there's one gentlemen who apparently is going around traying to calm people down. trying to identify other people who are interested interested in playing that role. see if we can make it happen. >> a lot more from charlotte and the latest from tulsa as well coming up. you inherit lots of traits from your family. my ancestor, lady beatrice, introduced the elizabethan ruff. great-grandfather horatio went west during the gold rush. and aunt susan was a a world champion. i inherited their can-do spirit. and their double chin. now, i'm going to do something about it. kybella® is the first of its kind injectable treatment that destroys fat under the chin, leaving an improved profile. kybella® is an fda-approved non-surgical treatment for adults with a moderate amount of fullness...

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tonight, a protest underway in charlotte, north carolina, the family has seen the video and the police chief says the public will not. joining me now, two former prosecutors, jeffrey toobin. lauren, does it make sense to you that the police would not release the video? we talked to one former lapd officer earlier, who said, essentially, you don't want to do anything that's going to taint any witnesses. >> i think that's pretty d disingenuo disingenuous. they want to make sure they have their bases covered in case there is a use of force. but there's a law set to go effect in north carolina in a few days that would prevent the police from ever releasing footage without a court order. it may be an incidence of trying

to buy their time in order to, one, put all their ducks in a row, and, two, to have that law take effect. >> jeff, we've certainly seen cases where the video has told the whole story. in this case, having seen the video, they have more questions than -- but i think back to the other case, where the police said one thing has happened, and the video came out, and it was shot by a bystander, it showed the, you know, the guy running away and the officer shooting him. and apparent, looking like planting some sort of evidence. >> right, that's chicago. i mean, rahm emanuel almost lost his entire mayoral team because the chicago police did not release the video until after the election, when rahm emanuel was re-elected. you know, the idea behind not releasing the video is that witnesses will see the video and then change their testimony to line up with the video. you know, that is sometimes the case, but there are countervailing reasons.

it is not an ironclad rule that you never release a video. and i think here, where there was a -- there are a limited number of witnesses around this shooting, presumably, all of them have been spoken to already, and now there's a tremendous public interest in seeing what happened here and it might serve to calm the community, to let people see that it was perhaps an ambiguous situation. but i just think when the public interest is so strong to see a video, the police should release it. >> lauren, we now also have in tulsa a situation where the police officer has been charged with manslaughter. given what we know, does that seem reasonable to you. >> it does. think about the big contrast between what's happening in charlotte versus what's happening in tulsa. tulsa is this community just a few months ago, they had a conviction of a volunteer deputy on a manslaughter charge for his use of a handgun as opposed to a

taser. and manslaughter carries a penalty of at least four years. and the reason it's manslaughter versus homicide is that i think the prosecutor believes, probably the community does, that this officer did not go out intending to commit a homicide. but, in fact, acted out of an unreasonable level of passion or an unreasonable level of fear that the other officers did not have, because they chose a taser. i think in that incidence, it's probably appropriate. but it's really important to note that there's a contrast between the peaceful protests in tulsa, because of the confidence you have in previously successful prosecutions of officers, versus charlotte, where you have a recent case where you had a hung jury for the death of an unarmed black man by an officer. >> i mean, i think -- it's also true that tulsa is just a lot more conservative community than charlotte is. and it does, i mean, it is a confident step on the part of the prosecutor to file these manslaughter charges so quickly. these cases are hard to make

against police officers. you know, the question in this case is reasonableness. did the officer behave reasonably. juries are sympathetic to officers when they say they were in fear for their lives. here we have a situation where the victim was near a car and it will be an interesting question about whether the judge allows in evidence the fact that there was pcp, which is a drug that can make people erratic and violent inside the car. the officer had no way of knowing there was pcp inside the car, but tif the jury hears tha, that may help the officer a great deal. >> we also may not know if whether it was in his system. we have a number of issues with that. but it's true that officers do get a lot of deference from both a jury pool and the greater community. but, remember, that in tulsa, one officer pulled a taser, one officer shot and killed. and so you have that reasonable officer standard obliterating. >> yeah, laura coates, great to

have you on. jeff toobin, as wells. much more ahead when we continue. we're following those protests out of charlotte, the latest developments from charlotte, and an attorney for the family of keith lamont scott about what they saw in that video and the way they interpret it. when it comes to healthcare, seconds can mean the difference between life and death. for partners in health, time is life. we have 18,000 people around the world. the microsoft cloud helps our entire staff stay connected and work together in real time to help those that need it. the ability to collaborate changes how we work. what we do together changes how we live.

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thanks for joining us for this second hour of "360." we begin tonight with breaking news in charlotte, north carolina. protesters on the move, marching in whatsoever seems to be an entirely peaceful demonstration. a much different scene than at this time last night. a short time ago, we learned a man who was shot during protests last night by another person in the crowd has died. he wasn't shot by police. in a moment, i'll speak with someone who was there, saw the whole thing, tried to help the man after he was shot. that happened on the second night of protests after the fatal police shooting of keith lamont scott. tonight, hundreds of national guard troops are in charlotte, trying to prevent a third night of violence, along with numerous police officers