showed kindness. >> marie luisa quiroz, she was funny and artistic, sometimes brutally honest but she had the biggest heart. may they rest in peace and may their memory be a blessing. thank you for watching, erin burnett "out front" starts now. the curfew is about to go into effect as minnesota braces more protests after a 28-year-old black man shot and killed by the police. the incident a few hours from the trial of the officer derek chauvin's taken place. a police officer is fired after he and another officer accused of pepper spraying a lieutenant. all over a mistaken license plate. the senior republican senator suggests president biden is the

candidate because his tweet are quote "conventional." let's go out front. good evening, i am erin burnett. state of emergency after a deadly police shooting. live pictures right now. protesters and police in brooklyn center. this is an hour, an hour before the curfew is set to go into effect. the near by cities have declared a state of emergency. another incident of a black man killed by police. here is what we know happened. the man, david wright, the vigil for wright is underway. the city's manager had been fired. authorities released body cam video showing police approaching wright after being pulled over for what they say expired tags. write's mother said her son called her.

he had air freshener hanging over their mirror. they go to arrest him, there was a struggle. you are going to see the struggle in the video we are about to show. police chief is saying a veteran officer discharged her gun instead of her taser. it was an accident, a mistake, a horrific one that resulted in this young man dying. i want to warn you the video is graphic.

>> you heard there, taser, taser, taser, and holy - i just shot him. >> president biden tonight also calling for peace and calm after what we saw last night. >> there is absolutely no justification, none, for looting or violence. deadly shooting in minnesota, one of several major police involved incidents coming to light in the past few 50 hours here. in virginia, we got newly release body cam video. police pointing a gun at a black latino army officer. the man was pepper sprayed and pushed to the ground. officer thought he missed a license plate in his suv.

three officers were shot. the passenger pulled out a rifle and shot at the patrol car. the officer survived, one of the suspects in the car is dead. we have a lot to cover, i want to start with shimon prokupecz who's live at the vigil right now. what is the latest that you are learning of this case? >> reporter: that video you have been talking about, the police chief here saying it was important to release it quickly. it is unprecedented to see a police release this kind of video quickly. it was important to do so, so the community here can see exactly what happened. a warning is the video you are about to see is disturbing. >> less than ten miles from where farmer minneapolis officer where chauvin is on trial for the death of george floyd.

>> reporter: daunte wright killed during a traffic stop. a shooting the police chief called an accidental discharge. police body cam footage shows the deadly sunday afternoon altercation. police in brooklyn centered outside of minneapolis, pulled wrightover for an expired tag. the police chief released the video today. >> i felt the community needed to know what happened. they needed to see it. i need it to be transparent and i want to be forthright. before being shot wright drove away before hitting another vehicle. wright died a tt the scene. the traffic stop leading to another fatal police shooting o f a black man. >> there was an expired tag.

>> reporter: wright's mother was on the phone with him and she told cnn's affiliate that he was pulled over because he had air fres freshener hang from his mirror. the police chief says the officer is a senior veteran in the department who fired her weapon accidentally. >> my belief that the officer had the intention to deploy their taser but shot mr. wright with a single blullet. this appears to me from what i view of the officers' reaction that this is an accidental discharge that resulted in a tragic death. >> reporter: hours of the shooting, hundreds took to the streets and the police chief called out during a contentious conference. >> i was front and center at the protest at the riot.

we did not -- >> don't do that. there was no riot. >> there was. >> the officers that were putting themselves in harm's way were being pelted with frozen cans. yes, we had our helmets on and protection gear. an officer was injured and hit in the head. >> reporter: tonight a 7:00 p.m. curfew ordered in three counties, minneapolis and saint paul and brooklyn center trying to contain the unrest. all too familiar grim circumstances. >> all of the things they have every reason to feel. but, we also know and we saw it again last night that those would try to take advantage of this to create chaos or damage will not be tolerated.

>> reporter: erin, you can see behind me the hundreds of people who gathered here, this is where it took place where all this happened and where mr. wright was killed. the medical examiner released their findings saying mr. wright died from one gunshot wounds to the chest and ruled his death a homicide. >> thank you very much shimon. that ruling of a homicide literally just happened. i want to go to our elie honig and the former chief of detroit. you have seen the video and heard it and distressing. you hear the officer yelling "taser, taser, taser" and when she fires she says oh, you hear the expletive and it was a single shot. the chief put it out very quickly because they want people to understand that they believe it is a horrible accident. what's your reaction of seeing and hearing this?

>> i have seen so many of these kinds of incidents of people being killed. each time there are some kind of excuse. officers are trained from the time they are in the academy until the time they are leave that this is what you do with your weapon. if you pull your weapon out, you intend to shoot someone. we don't know if this officer did pull the wrong weapon out. they teach you to put the weapon, the taser on one side, on your weaker side and the dominant hand who have your gun. we can't second guess what this officer is doing. my question is what was the crime that had been committed by this young man? is it something that someone should lose their life for? that's so important here. we have so many young people and older people who lost their lives and particularly people of

color, lost their lives by people they become judge and jury, the supreme court makes those decisions, not a police officer. and so if we look at the crime and they said it was a misdemeanor, you don't get killed for misdemeanor. and so they had his id and they knew who he was. is it worth losing someone's life over? >> they entered his name and saw an outstanding warrant for his arrest and that's why it happened. we all watched it and sitting there calmly, it feels like minutes. we are talking about seconds here. she starts yelling taser and the shot happens. does that contact change anything to you in terms of what may have been, just a really bad

error? not at all. you have multiple officers who were on the scene, none of the other officers pulled their weapon. again, i go back to, is it worth it? is it worth it to take someone's life over whatever the crime. i think they said it was a misdemeanor over those kinds of situations. >> elie, what happens here? ben crump who represents the floyd family was in the trayvon martin, civil rights attorney is also representing mr. wright's family. so where does this go from here? there was a settlement for the city of minneapolis for the floyd's family, $27 million and now there is this trial for murder and officer derek chauvin. what do you think may happen in this case? >> so three things to watch, erin. there could be a civil lawsuit. the family could sue the police

department just like you mentioned. there could be and there likely will be an administrative review where the city and the police department figures out what happens and finally there should be a criminal investigation here because there could be liability even if this was accidental as the police chief says and i found it a little strange that he said it accidental but he says i am not going to comment on other facts. if it was negligence, that could be man slaughter. that's one of the charges against chauvin, they need to investigate that fully. >> significant to lay it all out. chief mckinnon and elie, please stay with me. we are talking about this happening across the country but in minneapolis, protests are coming coming. chauvin's attorney expressed

concerns that the jury could be influenced of the potential for unrest while they are coming to a verdict. >> the problem is that the emotional response that case creates sets the stage for the jury to say i am not going to vote not guilty because i am concerned of the outcome. >> george floyd's brother taking the stance today giving an emotional testimony about what he meant to his family. >> this is my mother. she's no longer with us right now. that's my oldest brother george. i miss both of them. s i was married may 24th, and my brother was killed on may 25th.

my mom died on may 30th. i am supposed to be happy when that months come. >> prosecutors calling two expert witnesses who refuted the two main points of chauvin's defense. >> i can state with a high degree of certainty that george floyd did not die from a primary cardiac event and he did not die from a drug overdose. >> no reasonable officer would believe that was unappropriate acceptable or reasonable use of force. omar jimenez is out front live from minneapolis. how did the joury respond to today's testimony especially that emotional testimony from philonise. >> reporter: this was in jjecti humanity. and of course the medical testimonies we have seen over

the last few days of this. when he took the stand, jurors were smiling and tabking notes and paying attention closely i should say. they were reacting like a normal human would. i want you to take a listen to what philonise floyd wants to know who george floyd was. >> he was a big mama's boy. he'll always be up on her. every mother loves all of her kids but it was unique how they were with each other. he was so much of a leader to us in the household. he'll always make sure that we had clothes for school or we are going to be to school on time and like i told you, george could not cook but he'll make sure you have a snack or

something in the morning. >> reporter: right before that accounts inside the courtroom got the sense that philonise felt that ease. they had to process a loss of a family member on a international scale. testifying at this trial and talking about what he loved about george seems easy. now we look ahead to see how we are going to prepare for a potential verdict. we know closing arguments are scheduled at this coming monday. the jury will be sequestered and we'll wait for a verdict. >> omar, thank you very much. i want to go back to e elie honig. he's one of the last people that the jury is going to hear from before the defense is expected to start its case. so what do you make of that

decision that this was in a sense, kind of closing final impression that they want to leave in jury's minds. one of the challengers prosecutors face reminding the jury that the victims was more of a victim. he was a living and breathing vital human-being. philonise giving moving firsthand testimony about his brother. the games he used to play together and the food he used to cook and the big details. that's the kind of thing that's going to hit hard with the jury when they remember it when they're in the jury box. this is unusual law in the state of minnesota allowed this kind of testimony. however, minnesota does allow it and the prosecutor made an effect use of that today.

>> that's interesting, i was not aware of that. chief, let me ask you what else we heard, omar said what we heard is so much of the technical testimony that we had and much of the damming for defense, it was technical and detailed and everyone was saying something consistent and slightly here or there. today they had a cardiologyist who did say clearly floyd death's was preventable. the defense tried to come in and twist that on cross-kexaminatio, let me play it for you, chief. >> if mr. floyd simply gotten in the backseat of the car, do you think he would have survived? >> if you have a medical opinion to that. >> had he not been restraint in the way in which he was, i think

he would have survived that day. >> in other words, if he gotten in the squad car, he would be alive? >> my answer remains the same. >> they're clearly going at the argument that if he had complied, none of this would happen to him. >> they're trying to put george floyd on trial. the way i look at this is -- if he was a reasonable officer, he would not have done the things he did number one. number two, they're putting george floyd on trial is unfortunately that we can't look at chauvin's record and the number of complaints that were against him and so if we look at this in its entirety, we can't put george floyd on trial and say that he was this bad person because he did not get into the

car. >> well, there were four guys there that put him in the car. number two, if in fact george floyd had not driven to that location, that would not have happened. there is a lot of what ifs. as they try to put floyd on trial to demean his character. we look at this in terms of the number of this tinngs that happ with him that causes his death. a police officer fired accused of pointing his gun and pepper spraying a black/latino army officer. a school shooting today in knoxville, tennessee, we are live there with the latest. cnn speaks to rick scott about matt gaetz and the horrible allegations he's facing. does he think the horrible congressman should resign?

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we are learning a police officer had been fired following an internal investigation. newly released footage showing officers pointing gun at him and pepper spraying him. this was during the december

traffic stop that's just coming to life. i want to show you this video, some of it is difficult to watch. let's go to natasha chen with the full report. >> reporter: this windsor police officer joe gutierrez was fired after an investigation into this traffic stop determines department policies was not followed. the town of windsor says the other officer, daniel crocker is still employed. the driver army lieutenant nasario is suing the two officers. according to the lawsuit on the evening of december 5 other, nasario saw lights and sirens but did not know why he was being pulled over. he was going to pull over but did not stop for another 1 minute and 40 seconds because he was looking for a well-lit area. by the time he stopped at a gas

station, the two officers had their guns drawn. >> put your hands out the window. >> nasario began recording and put his hands out the window as he's ordered. >> turns out, crocker had not seen the temporary license plate taped to the back of his brand new car. crocker decided it was a high-risk traffic stop. >> what's going on? >> body camera shows gutierrez gun drawn. nasario thought ride the lightning that he could be killed. >> i am honestly afraid to get out. >> get your hands off of me. i didn't do anything. don't do that.

>> it is not a problem. >> reporter: after two or three minutes of shouted commands, officer crocker tried to open the driver's car. >> i am actively serving this country, this is how you are going to treat me? >> reporter: the driver assaulted myself by striking my hand away and pulled away from officer's gutierrez, in his own body cam footage, nasario is not seen striking anyone. gutierrez gave more command or he'll be sprayed but no such warnings could be heard. gutierrez sprayed nasario without being told what he was pulled over for. >> take your seat belt off and get out the car. >> i am reaching for my seat belt. >> fine, let's go. >> reporter: once out of the

car, nasario was handcuffed. can you tell me what's going on? why am i being treated like this? >> i can't believe i am being treated like this. >> reporter: nasario explained why he didn't immediately pulled over. >> i was waiting for a lit area. >> reporter: the officers still pressed him on why he didn't comply with getting out of the car. >> i have never looked out the window and saw a gun blazing immediately. >> look at the climate in this day and against everybody and against us and y'all. you know what i mean? i am not out to hurt you and i know you don't want to hurt me. that's not what it is about. what is about is making sure that everybody goes home at the end of the day.

>> reporter: gutierrez's behavior changed drastically at the end giving h iim the optiono let it all go. >> i don't want this on your record. you have to right as a citizen if that's what you want, we'll charge you and it does not change my life one way or another. >> reporter: erin, cnn has not yet been able to reach either officers in this case. it is not clear if they are legal reputaresentation. that last conversation, officer gutierrez trying to make it easier for nasario. nasario is getting praised. he said today that he's proud of nasario represented himself and our army well through his calm and professional respond of this

situation. >> natasha, thank you very much. i want to go to mark herring and i appreciate your time attorney general. i know you demanded personnel record and other information from the windsor police in light of this incident and because of a lawsuit we are finding out of all this and finding out the story that happened over the winter holidays. so you are asking for more information under your authority to prolong law enforcement agencies over police practices. are you prepared to investigate this is incident yourself? >> the officer misconduct we saw, it was appalling and dangerous and unacceptable. people of color continue to experience brutality and being pepper sprayed and even killed at the hands of law enforcement and it got to stop. there are a few things that are going on. there is a state police

investigation of the incident underway now. we have seen that it is really important when there are of officer-involved shooting. it is important there is an independent agency and to make sure there is accountability to maintain the public trust. that's underway. one of the things i am looking into is whether there may have been a pattern of misconduct of police misconduct either by these officers specifically or more broadly within the department because if so we got more work to do to make sure that this never happens again. >> so let me ask you about, i know you know this very well, what our viewers just saw in natasha's report that the officer said that the lieutenant tried to slap his hand away.

we don't see it occur on camera. the officer that's not terminated, there was a pair obvi obviously, filed a report of discrepancy of what was seen in the body cram as well. that included whether lieutenant nasario asusaulted the officer r whether he was appropriately warned before that happened and that he slapped the officer's hand away which we don't see it happening on the video. what do you make of this? what they said happened is not there on camera? >> what i saw in the video, nothing that i saw in the video would justify the actions that is officers took. it was lieutenant nasario who was the calm one and responsible one. under no reasonable use of force policies that i could say any of this conduct be permissible.

that's why the investigation is important. it is also important to find out if these are an isolated incident or have there been report in the past of unconstitutional policing or b brutality or complaints about it from these officers or the department because if so, we got more work to do in order to paut s put a stop on it and make sure it is not happening again. this is happening way too much >> this video is really awful to watch. attorney general herring, i appreciate your time. thank you point. >> thank you very much. >> next breaking news, multiple people shot at a high school in knoxville, tennessee, including a police officer. details are coming in so we'll go there live and giver you th latest. >> the senior republican says who's in charge at the white house. he says president biden's tweets

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in knoxville, tennessee. one person dead and police officer injured after sporespong to an armed man. nick valencia is out front. what do you know right now? >> reporter: you know erin is an unfortunate reality that people watching this is a sign of america getting back to normal. s another school shooting in knoxville. police responded to a male subject who was armed on campus. reports of multiple people been shot. the suspect we believe has been taken into custody. one person discuss detained. police officer did get shot as well do you ruring that exchang had been taken to the hospital. it was about two hours after the incident was reported around

3:15. it was secure and no doubt a tearful reunion there. we understand also the atf and ntbi is responding. we are waiting for the press conference to update us about here at 8:00 p.m. the governor called this a tragic situation. just in january that students went back to in-person learning. one quick note here. local affiliate reported that this is the fifth shooting related to the east maga school since the start of the year. tragic. >> thank you very much. i want to turn to election law and the fallout there. this is in protest to the voting law and it is the first major

production to do so. will smith in a statement and the director of the film saying in part "we can't provide economic support to a government enacts aggressive voting laws that are designed to restrict voter access." >> since this bill passed, there has been a lot of calls for companies and productions moving out of georgia. there is a lot of tax breakings andbreaks. they caution boycotts are not the way to go. it could hurt local residents. what do you think? do you support this move with will smith or do you agree with the motive or may be misguided. >> reporter: thank you for having me. i don't support any boycott of the state of georgia. the economic growth that's so

extraordinary, a big part of driven political progress. georgia welcomes jobs. i don't think moving the boycott is constructive. legislation politicizes election administration and restricts access to the ballot for black voters and democratic leaning voters is driving business away from our state. this should be a clear signal to our state legislature that they are playing with fire when they abuse authorities to rig a rules of election administration to gain a partisan edge as to why we need to restrict this voting laws. >> this comes as republicans led the charge over turned. senator josh hawley was the first senator to announce he challenged the results. we all remember the fist pump out the capitol there.

he raised $3 million. it was $43 million of the last election cycle. he's raking money over this. marjorie taylor greene also overturned the election taken in more than $3 million. these numbers are incredible. money talk, what is it telling you do you think? >> i guess there is a small market of hard core political activists who support some soft those extremist political tactic. the bottom line is the overwhelming majority of americans just want good decent government were horrified ied be event of january 6th and the threat i imposed to the transfer of power. for all och the noise and the sound and the fury of partisan politics, the most important

thing i want folks to recognize that we are making huge progress against this virus. we were able to pass that stimulus bill and i want to take this opportunity to encourage everybody to go and get this covid-19 vaccine. i have been vaccinated and my wife who's a doctor that's vaccinated. it is the most important thing we can do as citizens to take this to the virus and put the pandemic behind us. >> you are talking about president biden the stimulus bill, he questioned whether biden is leading the country. >> the president is not doing cable news interviews and tweets are unimaginably conventional and public comments are largely scripted. it invites the question "is he really in charge?" >> what do you say to senator cornyn? >> i am building a strong

working relationship with my colleagues, and senator cornyn, we sat down on a number of occasions, i think we'll try to work together on supply chain and labor abuses and supply chain for products that enters into the united states. i would be curious whether he or his staff wrote that tweet. this is not about entertainment. this is about making good public policies without drama. that's how president biden conducting himself and getting the job done. it has been a pleasure working with him like we did this last week and a half helping to settle between two industrial to save the lelectric plant in georgia. >> let me ask you that. lg and sk, could save 2600 jobs

as you mentioned. those are the jobs at the core of president biden's infrastructure plan. he had a lunch with lawmakers today trying to sell it. what did you learn from this deal done that can help biden with the stratus sphear price tag. >> it was a pleasure working with the president, and saving these 126 jobs in georgia and ensure that we'll have a diversified electric vehicles in the united states. we have to adapt to climate change. determine how we are going to keep growing our society economically without destroying our planet. electric vehicles are a core part of that transition to clean energy. the president's proposal involves huge investment and

ch charging stations. i got involved to save 2600 skills jobs in georgia so that georgia could be one of the basis and not just nationally but globally for the production of technology that'll save our planet and employ our people for dates to come. >> i appreciate your time mr. ossoff. >> police shot and killed daunte wright in minnesota. senate eric scott speaks to cnn about the allegations facing his florida colleague, matt gaetz. does he think gaetz need to resign or be punished in any way? for as little as $5, now anyone can own companies in the s&p 500, even if their shares cost more. at $5 a slice, you could own ten companies for $50 instead of paying thousands. all commission free online.

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you can see behind me there are still people here and we saw a dozen of them. many of them did leave a large group of people, we don't know where they waulked to but some f these people that are still here, you can see behind me, really at this point does not appear during the day to leave. obviously the big question as we approach the curfew hour, what are the police going to do? is there going to be a police going to allow some l leniency here? we'll see. we have a long night ahead of us and we'll see what happens, erin. >> thank you very much as we watch that. also new tonight, top republican senator stopping short of calling for congressman matt gaetz to resign amid allegations including sex trafficking. here is rick scott from gaetz' home state of florida are man

kne -- manu. >> should he resign? are you concerned about what you're seeing about this? >> well, you know, on stuff like that there ought to be an investigation. >> do you think he should give up committee assignments? >> speaking for the house. >> gaetz was denied a meeting. far from the only republican to call the allegation serious, it clear he doesn't want anything to do with matt gaetz from the way he's talking there but he stopped short of saying gaetz should resign or be removed from any assignments. what did you take away from this? >> that's consistent with the republican approach so far, which is not to say anything, not to rush to matt gaetz' defense but when asked about it to say these are very serious allegations in fact, indeed they are sex trafficking allegations. he has denied that. denied having a relationship with a 17-year-old.

never ththeless republicans don want to defend matt gaetz. rick scott making clear he believes there should be an investigation and will decide what to do next. what will house republican leaders do, as well? kevin mccarthy the top republican in the house has not said whether or not there should be any punishment on matt gaetz and whether he should resign but should have a conversation on gaetz and also calls serious. same with liz cheney, the number three republican who has been targeted by matt gaetz, was not called on him to resign. the on one who has is adam kinzinger who is a sharp critic of the republican party. other than that, republicans not defending him but also not pushing -- knonot sayining he s step aside. >> do you have any indication whether or not gaetz will return? >> that's still an open

question. under the rules of the house, members can vote what's called by proxy and essentially designate some member to vote on his or her behalf at their direction, as well. and matt gaetz is an active proxy leader. he can actually designate someone to vote on his behalf. his office has not said whether he'd return but a key distinction here, erin, what is called for under the rules is that you can't travel because of the pandemic. there is nothing suggesting that the pandemic would prevent matt gaetz from coming but he's used that as a reason to skip votes in the past and potentially do it again. >> right, right, certainly he is showing up all the way through mask free at event after event. he's -- he's not using coronavirus in any legitimate way as an excuse. thank you manu. i want to go next to the heartbreaking decision migrant parents have to make to keep their children safe. a special report after the break.

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allergies don't have to be scary. spraying flonase daily stops your body from overreacting to allergens all season long. psst! psst! all good at the borders stopping the flow of migrants into the united states comes as border officials counted 170,000 unaccompanied minors last month. >> reporter: some of the more than 100,000 migrants expelled by the biden administration last month ended up here at a plaza located in the crime and kidnapping hot spot living in squaller and with impossible

t . she says her husband and daughter face certain death in el salvador where their business couldn't cover an extortion fee to criminal gangs. she says she just wants to work and provide for her daughter. she and so many expelled migrants are surrounded by the same dangers they fled. like this 31-year-old woman from honduras who is now in a faith based shelter clutching a pink rosery. she says promised to carry the beads during her journey for protection. we can't show you her face. because late last month, she says she was kidnapped from a street near the dangerous plaza, kept for three days, beaten and raped. her 9-year-old daughter with special needs with was her. wiping away her mother's tears. she says it was moments of

terror. with her faith in tact, she says she escaped with her clothes and tatters crossed into the u.s. again. but says immigration officials dumped her right back into ranosa. attorney jennifer has been representing migrants like her since 2016. >> the problem created by president trump is so enormous it's not settle yesterday. >> reporter: joe biden is perceived as more humane. >> we're sending back the vast majority. >> people are being hurt, raped, attacked and killed in northern mexico because we have sent them back. that's not humanitarian. >> reporter: it leaves many moms like this one from honduras with a sophie's choice. with her special needs child in arms, she says she didn't want to separate from her 12 and 16-year-old sons on the banks of the rio grande.

they had been expelled to mexico twice under the pandemic public health rule which allows for the swift return of migrants to mexico. wit when her oldest son told her he wanted to cross alone with his brother because the biden administration was allowing unaccompanied children to enter the u.s. she says she felt she was dying as she watched her sons cross the river hand and hand. in tears and then gesture good-bye. she says she misses her sons who are now in a shelter in new york. as for the migrants stuck in this dangerous plaza, their american dream is still alive despite having to sleep in shifts to watch each other's backs. if you're sitting at home wondering how is it possible that these mothers make this decision to send their children

into the yiunited states alone? you got to think of it this way. some of these mothers have been return into areas with their children but surrounded by danger and exposed and vulnerable to kidnapping, extortion, human trafficking and learn the biden administration is allowing unaccompanied minors to enter into the u.s. and erin, they see that as giving their children a chance at life. erin? >> rosa, thank you very much. powerful report and thanks so much to all of you for being with me. anderson starts now. a curfew has just taken place. the outpouring and curfew come in response to civil unrest after police in this minneapolis suburb shot and killed a black man, donte wright during a traffic stop over the weekend. the county medical examiner ruled his death a homicide. it was not the only item along

those lines,