this is cnn breaking news. hello. i'm john vause in los angeles. we'd like to welcome our viewers in the united states and around the world by following this breaking news out of charlotte, north carolina. protesters are again on the streets defying a midnight to 6:00 a.m. curfew. demonstrations have been mostly peaceful in sharp contrast to wednesday's violence. two officers are being treated after protesters sprayed them with a chemical agent. the demonstrations started on

tuesday. that's when police shot and killed an african-american man. his family has now seen dash cam and body cam video of shooting and say there's no clear evidence he was armed. boris sanchez is on the streets of charlotte and is joining us. as best you can tell, how many protesters are out there despite the wide city-wide curfew. >> it's hard to tell because they have been moving nonstop all night t. our photographer is wearing a fitness tracker and from the time they started to walk earlier this evening we have covered more than five miles. well over 100 people, 200 people at some points walking down the streets of downtown charlotte making several loops around the area. the protests were mostly peaceful. this started at the omni hotel where things got heated last night between officers that were in tactical gear and protesters. the site of where young man, 26-year-old was killed from what

we are hearing was a civilian on civilian gunshot. from what we understand, that's still being investigated right now. they are looking at surveillance to see how that unfolded and potentially press charges. earlier today there was a vigil that started at 8 p.m. there were local faith leaders gathered saying prayers and holding hands in that area. there were peaceful conversations had by the community. that group started to swell and that's when they started to move around the area. at one point they stopped at a park. they stopped again at the headquarters of the police department chanting slogans they laid down on the ground at one point to represent the shooting of keith lamont scott. and then they got up and started to walk again. they walked toward a detention center not far from police headquarters when they chanted to the prisoners we see you and love you. the lights in the prison started

to flicker so the prisoners responded to them. they continued to move stopping in several areas. there was this waiting game, waiting for midnight to see how police would respond, to see if they would enforce the curfew. when we heard from charlotte police, they told us as long as protesters remain peaceful they would not enforce the curfew. this is different than what we saw last night. we with are standing down the street from here last night and there were fires set, a local news photographer that was shoved to the ground. someone who badly hurt and incapacitated and couldn't get up on his own. the hotel vandalized last night, outside of it now are humvees and national guard officers, servicemen and women that have been here all night keeping watch. you can see there are many to my left right now. at one point, down the street from here, we encountered 25 of

them. their presence is strongly felt here in downtown charlotte. again, the protesters remain mostly peaceful tonight. there were some tense moments, words of agitation but no glass thrown at officers, no obvious acts of violence toward other protesters. mostly peace and demonstration of peace here tonight. >> boris, thank you for the update. we will check in with you later this hour. we want to talk to one of the protesters now. she is a student at the university of north carolina. she is joining us on the line. you are marching with the protesters in downtown charlotte. whales the plan? are you there? >> hello. >> i'm glad we got you. i was saying you are marching with the protesters now. how many protesters are with you and what's the plan here?

how long do you plan to stay on the streets? [ chanting "release the video" ] >> are you there? okay. i think we have lost christine but we will try to get in touch with her in a moment. for now, let's bring in civil rights arn attorney areva martin. the protests will remain peaceful and police will not remove the protesters from the streets essential willy to avoid confrontation. >> i think so. usually i'm pretty -- i tend to follow along the lines if you have a rule you enforce the rule. however, as we have said all along, these are not normal times. these call for -- these times

call for some nuanced thought. the fact they are not enforcing the curfew as long as it is peaceful is probably a wise decision. >> does that raise the point why have a curfew in the first place? >> absolutely. it raises the leadership that we have seen throughout. the chief of police from the mayor of charlotte, the governor of north carolina. there was an earlier report on cnn that many of the protesters didn't know there is a curfew. they haven't done a good job disseminating that information. they haven't come forward and provided information throughout this entire day. they have been pretty silent. the reason we continue to see these protests is because of the lack of transparency. >> very quickly on the tactics used, the national deployed to protect the buildings and the police freed up to work with the protesters. >> in contrast to what areva

believes i think there have been excellent decisions here and the national guard is not a bunch of soldiers coming in necessarily. national guard troops have military police units. these are likely trained police officers. >> we are looking at some live images from charlotte, north carolina. you can see the protesters still 0 out there. one reason they are out there is because they are demanding to see the police tape. officials are still refusing to release that. the family of keith scott got to see it today and their lawyer described what was on the tape. listen to this. >> you see officers yelling commands. you see mr. scott step out of the vehicle. his hands are by his side. he's acting calm, in a non-aggressive manner. he looks to be confused to be honest. you do see something in his hand but it's impossible to make out from the video what it is. i know at the moment he was shot he actually appeared to be

stepping backwards. >> there's a lot in there. stepping backwards, calm, his hands by his side. why not show everybody? >> that's the million dollar question. when we talk about leadership, i say there is a lack of leadership. it is ferguson all over again. if we learned anything we learned that the public demands information and the law enforcement officials need to provide the information. we're hearing second hand accounts from the police chief and now from the family's attorney but we are not getting an opportunity, as the public to see the videotape. that's a problem. >> we should emphasize that is the attorney for the family. >> exactly. the other thing we learned in ferguson is what witnesses say and the families say is not always something the united states department of justice will prosecute. i mean the officer was claered in ferguson. the officer maybe cleared here. we don't know the facts yet. >> there is still an investigation ongoing.

>> we are jumping ahead in terms of -- >> calling it a murder. >> that has nothing to do with this conversation. we are talking transparency here. whether someone is prosecuted is a different question. we are talking about restoring trust in a community that's lost trust. you do that through transparency and accountableability. >> the police chief will not release it because he wants to maintain the integrity of the investigation. and he had this statement. >> i don't want to set a precedent that i'm releasing a lot of video. i think you could be destroying some of the trust of our most vulnerable victims, especially those of domestic violence and sexual assault. >> arena he is looking at the bigger picture. >> i don't know what he is talking about sexual violence andle is sal assault. he has a crisis on his hands as

chief of police you expect him to step up and do what is right for the community and respond to the rye sis. -- crisis. this isn't just the shooting of keith lamont scott. this community has been plagued by issues of strained race relations between the african-american community and this police department. there is a 20-year-old african-american man shot by police, he was tried, a hung jury and there were questions about accountability and transparency. >> steve, from your point of view the reasons put out by the police chief, what do you think? >> i'm not seeing a valid reason not to release the tape. again, these are not normal times. just because you release the tape in this situation doesn't mean you are obligated down the line to release it in another. >> there's some evidence from the scene, there was a photograph which we have seen. i want to show you it now. apparently it was taken in the

immediate aftermath of the shooting. at the bottom of the photograph there is a black object. some say it is evidence that a gun was found by police at the scene. i know it is difficult to make out what it is. what's your take? >> from my experience, that looks like it is very possibly a gun. however, that's why we will go through the entire process. my feeling is here if there was no gun and the person complied with police, police instructions then the officer committed a crime. if, however, there was a gun and he refused to put it down, than the person essentially caused the officer to shoot him. >> areva as a defense lawyer, you look at the photograph what would you make of it? >> not very much. >> why is that? >> we can't tell what it is. and we heard the family say it is impossible to determine what if anything was in his hand.

we have the attorney for the family speaks because we don't have the videotape which the police won't release. if we don't want to hear accounts from the attorney or family, let's get the videotape. we can't have it both ways. >> stay with us. we have christine back on the line. she's one of the protesters on the streets of charlotte right now. christine, tell us how many people are around you right now? how many protesters are still out and what's the game plan here? how long do you intend to stay out protesting? >> i believe there's close to 1,000 or more people out. there it was a huge crowd. i stretched over the course of several blocks. i'm not sure how long they intend to stay out but there are a lot of people there. it is an interesting sight to see. >> a lot of people were heading toward the interstate, is that right? >> yes. >> why? what's the point of that? >> i don't know the intention behind heading to the

interstate. i'm not sure what purpose that was. me and my group decided to go a different direction and head back to our vehicles. we are no longer there. >> as we are speaking to you, kristine we are looking at ro testers at an overpass or interstate highway. you get speak to the police there because you were breaking the curfew at one point. it went in to effect at midnight. what did the police say to you? >> that as long -- that the curfew was going to be enforced however as long as we protested peacefully, no outburst of violence occurred there would be no repercussions. >> can you explain. >> as long as we were peacefully speaking our minds. with the incidents last night there are there was a lot of violence and outrage last night. and they said if that happened last night they would be forced

to deal wit. however, this was not dedicated to that. it was us getting our voice heard, taking a stand and even though we were breaking the curfew that is our way of saying we understand what law enforcement is doing and they are only doing their job but we are hear to get our voice heard and say enough is enough and this is what we believe in. >> okay. kristine we appreciate you telling us what is going on as we look at the live pictures from charlotte, north carolina, a small number of protesters that are on the interstate. they did this on tuesday night, as well, delayed traffic for quite sometime. i want to thank steve moore and areva martin for being with us this hour. we will see you next hour. thank you for being with us. as always. >> in the meantime, a short break. when we come back, we will return to charlotte. the city is under a curfew at a r after a third night of protests after the police shooting of an african-american man. and basketball legend meekal

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and start bidding today! police department released these photographs on wednesday night. officials say they have access to 1200 cameras across the city. curfew is underway right now, but police don't intend to enforce it. after two nights of violent protests, thursday's demonstration has been largely peaceful. for more let's bring in brian claypool, a defense attorney. thank you for being with us. back to you, steve. the governor of north carolina was putting blame on the media for the violence that we saw on wednesday. this is what he said. >> frankly, the media presence

can also at times escalate with all due respect. some people's behavior, which i ask the media on to be mindful of. as you give publicity or film types of anarchy it only encourages those to do the same. >> the bottom line is these days everybody has a camera. everyone is looking for a you tube moment. >> everybody in that crowd had a nice hig-def camera. i strongly believe and i'm not a journalist but i believe the media is there to make sure things aren't swept under the rug. people see things. is he right, yes. cameras can accelerate bad behavior but that's the price of the pres free press. >> again, we are keeping a close eye on the live pictures from

charlotte, north carolina. few protesters remain on the streets. brian, to you, it would seem authorities there, the police haven't worked out how to deal with the issue of media, the cameras and trying to contain the situation. >> right. well, why do we have dash cam videos on police cars? why do we have body cameras on police officers if we're not going to use those cameras and disseminate those or give them to the public after a shooting. the indication it gives to people, john, is that police departments are cherry picking these videos. in other words, they get the videotape, and then they figure if this benefits us, we will release it. if it doesn't we will hold on to it. that's the problem i have, first of all. second of all, john, videotapes are usually the best evidence of whether there's been a justifiable shooting or not, but it's not the only evidence.

what we did learn, some information from this videotape that the family saw. lamont's lawyer said that his arms were straight down when he was shot and he was backing up. that is critical. even if he had a gun in his hand and it is downward and his arms are straight down, and he's moving back ward, then arguably the police officer should not have shot. so it's not a crime to carry a gun in north carolina. >> yeah. okay. i want to -- i want you to hear something from the mayor of charlotte because she's one of the few people who has actually watched this videotape. i want you to listen to how she described it and what her opinion of the tape is. >> i actually was able to view that video today. i'm in agreement with our chief, as well as the family of mr. scott. both the family and the chief

have said the video is ambiguous. it's not clear. when you have a body camera in motion, you have things in the way and obscured views, it's not clear. >> i think she misstated what the family's attorney said. he said it was very clear to him that mr. scott was walking backwards. >> he said it was not clear if he had a gun. >> he was clear that he didn't see anything in the tape to suggest that mr. scott aimed a gun or provoked the police officers or did anything to cause the police officers to be justified in shooting him. that was very clear from the attorney. >> i think what this really shows, though, is what the difference is from people who have been on the street being a police officer p being in law enforcement and people who haven't. if somebody was walking towards you or even stepping back and they had a gun in their hand and if you poo-pooed this, you have

to be on the street and understand what it's like and how quickly a person can bring a gun up and fire. >> you hear that more in law enforcement. >> that's argument assumes we're not intelligent enough to watch the videotape. let us see the videotape. why are we hearing all of these accounts. >> i'm agreeing with you. >> the tape should be released but brian, the point right now is a lack of understanding of the complete lack of trust between the officials and the protesters in the african-american community. community. she is saying i've seen the tape. it is ambiguous. you just have to trust me. >> also said the video shouldn't be released during a pending investigation. that is a major problem, as well. there's a couple other ways, john, that we can find out whether he actually did have a gun. police officers customarily, they wear a microphone on their

lapel, john. i will guarantee you that 99.9% of the time if a police officer sees a suspect with a gun he or she will immediately convey that information through audio dispatch. they will say "suspect has gun." so we need to analyze, for example, the dispatch tapes here. what was communicated by those police officers to dispatch. if they did not indicate that he has a gun, that is a plausible argument and powerful argument to suggest he did not have a gun in his hands. >> that's not -- >> when you see somebody with a gun you draw down on them and you deal with the situation first. you communicate later. >> again, we will leave it for now. >> i have been there. >> okay. >> we will keep this going. >> taking a position of cover, as well. you shouldn't walk up on a

suspect. >> oh, thank you. >> we will talk. you can help me out. >> we will take a short break and continue the discussion in a moment. we have more on the breaking news out of charlotte, north carolina. protesters are out in force for a third straight night. more from the scene in a moment. and protesters reacting to the police shooting of african-american men. what michael jordan has to say. those new glasses? they are. do i look smarter? yeah, a little. you're making money now, are you investing? well, i've been doing some research. let me introduce you to our broker. how much does he charge? i don't know. okay. uh, do you get your fees back if you're not happy? (dad laughs) wow, you're laughing. that's not the way the world works. well, the world's changing. are you asking enough questions about the way your wealth is managed? wealth management, at charles schwab.

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this is cnn breaking news.

>> lying down in the streets in charlotte, north carolina. police say they have no plans to enforce the curfew as long as the situation remains calm. the streets were filled with many protesting the police shooting of an african-american man. thursday's demonstrations have been mostly peaceful. authorities say two officers are being treated after protesters sprayed them with a chemical agent. national guard and state troops have been deployed. let's go to cnn's boris sanchez now. he's live in charlotte. i understand some of the protesters, we have been looking at live pictures, headed to the interstate. they did that on tuesday night. what more can you tell us? >> they actually did that earlier tonight. at one point this was a huge crowd of people and they got split in two. some stayed downtown and continued to circle downtown. others went to the interstate, not far from here. they were immediately met with

heavy law enforcement presence and there was tear gas dispersed. many of those people were arrested and they moved away from the area. the focus point became downtown where we walked, according to a fitness tracker on our photographer more than five miles across downtown. at least four loops around the downtown area. it all started with a vigil for the 26-year-old man, the protester killed during a shootout where another civilian opened fire, at least according to charlotte police. there was a vigil, a prayer service for him. people were holding hands and having frank, heated conversations. the crowd then continued to grow and they started to walk around downtown. at one point stopping at a police station and laying on the ground to simulate having been shot. they walked around a detention center, a park, around the omni

hotel, outside where the shooting of the 26-year-old took place. there was a very different tone in the air tonight. partly, i think, because of the way the protest started with faith leaders going about prayer and starting as a memorial service for the young man that was killed protesting last night and for keith lamont scott. we also saw reduced interference from law enforcement as the crowd was moving around. there was certainly a police presence and a national guard presence, as well. a lot of servicemen and women here on the street, heavily armed and reinforced with large vehicles, as well. there wasn't a direct confrontation. they didn't set up a barrier to stop protesters. instead they let him continue walking. there was a 12 p.m. curfew. as long as there were peaceful officials, let that continue. at this point if they are heading to the highway they will likely meet another law enforcement contingent there. right now where we are in

downtown, things are mostly peaceleful. we have seen a lot of national guard heading away, john? >> thank you for keeping us up to date. boris sanchez live from charlotte. basketball legend michael jordan has reacted to the violent protests in charlotte. the he said in a statement "in light of the tragic events of the past three days it's more important than ever that restore calm and come together as a community in peaceful demonstration and conversation and in constructive and non-violent ways." joining me here in los angeles, senior writer for espn.com. thank you for joining us. they made no mention that team store had been damaged but for someone who lives in charlotte, big figure for the african-american community. would this meant for if he said it live instead of releasing it

on paper? >> yeah, it would have. >> i grew up loving michael jordan. i played college basketball. michael jordan is the greatest of all time. he's an absolute -- absentee landlord when it comes to social issues. there have been numerous opportunities for him to speak up throughout his career and he always played it safe and also went with capitalism before people dying over his shoes. now it is in his backyard. he went to the university of north carolina. this is his home territory. the only black owner in the nba and to make this comment without -- michael, put yourself in front of a camera. step up. just do it. put your face in front of the camera. >> this isn't about -- i think he has spoken out once on a social issue and that was a few months ago. >> that was in july and another

thing he pre-wrote and who knows who helped him with that statement. that statement would have been more powerful in a press conference or community or somewhere where they can see and hear michael jordan himself. this is at his doorstep. this is in charlotte. this is his hometown where his team is. this is definitely one of those situations. first time he did it is july of 2016. when you consider his career spanned from 1984 he retired and came back, for it to take this long but that was a time period, not to excuse it but the '90s tiger woods didn't come out, michael jordan. that was a time period where guys didn't do this. for players to say, listen, sports is your escape. it should not be an escape anymore. there are things happening in this world we need to talk about. >> he is also speaking ought about the unrest.

>> i know from being a black person a lot of people that don't do right by black people. you can't be a hypocrite scene say a white man or white police officer killed a black man. it's still messed up. but we have to be, you know, have a clear vision on both sides. it starts with everybody holding each other accountable and policing yourselves. >> that is a guy who previously said america is beyond racism. >> you don't get to have it both ways, cam. i will say this, i have more respect for cam newton as the quarterback of the charlotte panthers standing in front of a microphone and putting his face and himself to the comments. you were at the espys when lebron james, dwayne wade, carmelo anthony and chris paul all of them put themselves in front. lebron james, who is as big as any basketball player has ever been in the sport, willing to

put his name, brand and himself in front of the statement and cam is right black people don't always do right by black people but when we are talking about people paid to protect and serve and work in our communities, people who are licensed to carry guns and we put our trust in them, the police officers have a higher level of responsibility than people walking the street. i agree with being responsible but police need to do better. >> made the point in the '90s they don't do kit but they are now. would you say a lot of this is because of colin kaepernick? a "time" magazine cover, he is on the front of it in the latest issue. this is the guy who started the protest a month or so ago kneeling during the national anthem. >> to your point, the espys is a fun event. it began with a somber -- it was a challenge, chris paul, lebron james, carmelo challenged the people in the room.

you guys have a platform to do something with this platform and colin kaepernick who's not the starting quarterback for the 49ers can say what they what but because this this has gone to high schools. marching bands are kneeling. if you feel disenfranchised, sports is sports, but sunday afternoon the panthers will play a game in front of national television, sold out crowd. i can promise you there will be something, whether they kneel or do something. the players there with not be silent. >> despite this there was a poll that came out that found kaepernick is the most unliked player most unpopular player in the nfl. >> unique, most unliked player in the nfl but his jerseys are the top-selling jerseys. it's like cam said, you can't please everybody. to some people kaepernick is a

hero and to other people he is a spoiled athlete, how dare him take this stance. sports maybe an escape but the beauty of what dr. king said, content of your character, not color of your skin. sports is merit based. treat me based on what i do and not what you assume i am. if i score the goal, i score the goal. if i made that putt, i made that putt. don't treat me because i'm like a criminal. treat me by my actions. people are shot in the street not because of their actions but what they think they are going to do and it's not fair. >> thank you very much. appreciate you coming in. a short break, how donald trump is using the unrest in charlotte to appeal to african-american voters.

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welcome back. police in charlotte, north carolina say they will not epiforce the police curfew in protests there remain peaceful. police have been demonstrating three days now after an officer shot and killed an african-american man on tuesday. the family of keith lamont scott say it is unclear what may have been in his hands when he was killed after they viewed the video. two police officers have been treated. protesters apparently sprayed them with a chemical. silent protest of the deadly shooting of keith lamont scott. donald trump is condemning protesters who turned violent and calling for an agenda to combat crime in the u.s. and is appealing to african-americans

to join his campaign. the situation in north carolina, this is a state that could be crucial in deciding who will be the next president of the united states. what impact do you think the police shooting and few days of violence we have seen will have on the outcome. >> we va few days of daylight but chaos is not good if you are in the party in power. we saw what happened with hurricane katrina where blame was shifted all from the mayor allel this wa i up to president bush and you could see elements of that happen here. we don't know. >> >> when donald trump's reaction is a national reaction of stop and frisk. he said we need national program

of stop and frisk and he said what a wonderful job in new york and how it stopped crime. this was declared unconstitutional by federal judges and african-americans and latino men were targeted 85% of the time. i don't think this is the solution you want. what it probably drives people of color ever more strongly toward democrats. the reality is we all prefer peaceful protests. there are legitimate black and brown men are being killed across the country, police officers are targeted. none of us think it is a good thing but our response should not be to agitate. our response should be to promote good, peaceful protests. >> with that in mind, president obama has made comments about the violence in charlotte and he is pushing for a peaceful resolution. this is what he said. >> i think it's important to separate out the pervasive sense

of frustration among a lot of african-americans about shootings of people in the sense that justice is not always you know, color-blind. the way we change the system requires us to be able to reach out and engage broader american community. >> john, a response from the president. >> i think it is a mistake if you make broad strokes about any one incident. sometimes if you let a narrative take hold and control the story line you forget the detail and what happened. what happened in north carolina is very different from what happened in oklahoma earlier in the week which is different from what happened in ferguson. >> eric? >> i agree with that.

what we shouldn't lose track of that there is an ongoing problem we haven't solved. what happens is, as a nation, we become divided, instead of saying what's going on? why is it so many people have been killed by police? why so many people of color have been killed by police and what can we do to heal america. not make it a partisan issue but an issue to heal our nation and that's where we need to go. >> donald trump is talking about the violence in charlotte. he had a sympathetic tone fs especially for the african-american community. this is what he said. >> rioting in our streets is a peace to all citizens and it must be ended and ended now. the main victims of these

violent demonstrations are law-abiding african-americans who live in these communities and only want to raise their children in safety and peace and with a good education. that's what they want. we're going to give that to them. we're going to give that to them. >> he had that statement that i think was off the prompter and another statement at an earlier stop that was ad libbed and seemed to be like a white stereotype. listen to this. >> i will stop the drugs from flowing in to our country and poisoning our youth and many other people. if you are not aware, drugs are a very, very big factor in what you are watching on television at night. >> again, his campaign tried to clarify the statement saying he was referring to chicago not what is happening in charlotte right now. there are mixed messages going

on here. >> in the first one i thought was spot on. part of the problem and part of the reason why you see what you are seeing right now play out in north carolina and other cities with the protests is there is a fundamental disbelief that the government is an honest broker. a lot of those people don't trust the courts, the cops or elected officials. whoever is going to be the next president has to be the president of all of america. even though he's not going to win the black vote or come close to winning the black vote, i think it is important for him to go to the black churches and for him to ask black americans for their vote because if he does win the election, if he is the next president of the united states he's going to have 0 to be seen as an honest broker. >> one last clip i want to play. it is sort of symbolic of the problems the trump campaign is having. the county chair from ohio and his comments were from miss c i kathy miller. >> i don't think there was any

racism until obama got elected. we have never had problems like this. i am in the real estate industry. there's none. knew with the people with the guns and shooting up neighborhoods and not being responsible citizens that's a big change and that is something obama has perpetuated on america. i think it is his responsibility. if you have black and haven't been successful in the last successful in the last 50 years, it's your own fault. >> the campaign david gregory quickly distanced themselves from her comments, replaced her with an african-american woman. >> he makes hard racist comments. and then his newly inspired team quickly backs him away and that's the clip you guys run with. as you said, he read it off of a

teleprompter. what came out of his month it was a drug inspired conversation. not the fact that the man was shot to death. but it was a drug inspired conversation. and unfortunately the alt-right, those with the ta neonazi tattoos and all that stuff are part his base. >> ten seconds. >> look, i don't think drug is what started that, caused the violence, it was a mob mentality and got out of control. >> we'll leave it at that talk to you next hour. when we come back we will head to north carolina after a very short break and we'll tell you with how police are dealing with that mandatory curfew after a third night of protests after the police shooting of an african-american. everyone thought i was crazy to open a hotel here. everyone said it's so hard to be a musician,

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violent. protesters are calling for body cam video of the officer who shot and killed an african-american man on tuesday. we will be back with more news from charlotte in just a moment. and can you explain to me why

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this is cnn breaking news. welcome back, everybody. great to have you with us. we would like to welcome our viewers in the united states and around the world. i'm john vause live in los angeles where it has just gone 11 p.m. protesters are still marching through streets of charlotte, north carolina. police say it has been mostly peaceful. a midnight to 6 a.m. curfew won't be enforced as long as the crowds remain calm. i guess the question is, boris, ch