the president offered words of comfort to his family and to children and praising the bravery of the 18-year veteran of the capitol police force and empathizing with his family's grief. may officer william billy evans rest in peace and may his memory be a blessing. erin burnett with "out front" starts now. >> the city is on edge bracing for a third day of unrest as the officer who shot and killed daunte wright resigns. defense for chauvin's is making their case before the jury. the family's attorney is my guest and the white house is scrambling reassure after urging states to pause the use of johnson & johnson vaccine.

let's go "out front." good evening, i am erin burnett, a city on edge. brooklyn center bracing for a third night of protests following the death of daunte wright. people gathered outside at police headquarters and many are holding signs for daunte wright. the city issuing an 11:00 p.m. curfew and creating some sense of calm, wright was shot by an officer who yelled taser and taser at him but instead discharged her gun and screaming holy expletive, "i just shot him." today that police resigned. this all comes as wright's mother spoke about the call she had with her son right after he was pulled over.

the police say it was because of an expired registration. >> he called and said he just got pulled over by the police and i said why did you get pulled over? and he said because i have air freshener hung in the rear-view mirror and the police officers are also asking for our insurance. i hear the police officer coming back to the window and asked daunte to get out of the car, daunte asked for what? he said "am i in trouble" and then they asked him to put the phone down. daunte put the phone down and i heard some skrcuffling and he g out of the car and i can hear the police officer scuffling

with him and -- >> take your time. [ cries ] >> we are with you. we love you, sis. >> i hear police officers asked him to hang up the phone. >> wright's mother telling reporters she's still given no explanation as to what happened and facing her great loss. the police say they pulled wright's expired tag, not air fres freshener. wright's family deserves answers for this. former president obama and michelle obama wrote, quote, "the fact that this is happening and the city is going through the trial of chauvin's and reliving the heart-warming murder of george floyd indicates

not just how important it is to conduct a full and transparent investigation but also just how badly we need to reimagine policing and public safety." >> reporter: the group of protesters behind me are still saying his name, "wright." many in this group wants the officer who shot the 20-year-old father fired. they say they could not unsee what they have seen. they are talking about that graphic video we are about to share with you. >> reporter: the officer who police say accidentally shot and killed 20-years-old daunte wright has resigned, kim potter. she's seen on body cam footage firing her gun during a traffic stop on sunday. >> i just shot him. >> reporter: potter writes "i

believe it is in the best interests of the community that the department and my fellow officers if i resign immediately." the brooklyn center police chief has also resigned. >> how did these resignations come about? did it catch you by surprise? >> yes. >> well, i can't speak for that either. >> reporter: brooklyn center mayor says the resignations are just the beginning and has asked the governor for the state's attorney general to prosecute the case. we understand that the sensitivities revolving around this case. this case requires that the attorney general steps in and prosecute this case. >> reporter: speaking emotionally today, daunte wright's mother explained what she heard when she was talking to her son in the last moment of his life. >> the day i got the phone call from my son at 1:47 was the

worst day of my life. >> my son was laying there unresponsive, that was the last time i have heard from my son and i have had no explanations since then. >> reporter: joined in a bond of pain and sorrow, the families of wright and george floyd metaphor the first time outside of the county district court shaking hands and expressing condolences. >> reporter: the wright family's attorney, jeff stone, says they are not prepared to say this is an accident. it is not an accident that you take your gun out of the holster and it is not an accident to point your gun. it is not an accident to ignore the fact that what you are holding does not weigh the same amount as the taser that you use in training hundreds of times.

protests continue for a second straight night outside the police department. leading to 40 arrests after demonstrations defied the curfew. some threw bottles and fireworks and bricks at officers. >> reporter: erin, when i spoke one-on-one with the mayor, i asked him if he's capable -- and especially right now the entire world is watching. he said "leadership is not an individual situation but it requires a team and community." people in this community say they want to see changes especially after learning, not only here in brooklyn center, and living in the city they serve. erin. >> thank you very much. i want to go now to the former police chief and deputy mayor of detroit. stephanie rawlings during the freddie gray's case and john

burriss and civil wrights lawyer who represented rodney king. you also represented the mother of oscar grant, the 22-years-old black man shot and killed in the back of the officer in california in 2009. that officer attorney's said he meant to fire his taser. let me start with you. the county prosecutor tells cnn he hopes to have a charging decision on kim potter tomorrow. what do you think the charges will be? >> first off, the general population would prefer it is murder charges, first-degree or second or third-degree murder. the prosecutors have to look at the intent. it is not surprising to me that it is involuntary charges mainly because of her shouting "taser,

taser" and therefore, it is an accident and negligent on her part. the fact she had to get out and point the gun and fired three times. the gun is clearly heavier than the taser. it should be murdered and second or third-degree. if you listen to what she had to say clearly she was indicating it was a taser. it is a tough call for the prosecutor's attorney but there is a public sentiment for much more heavier than involuntary man slaughter. >> she had been pointing the gun, we heard taser and expletive and "i shot him" and she seems to be distressed and shocked. that's true. >> the mayor is asking the governor for the state's attorney general to prosecute the case. there is an argument whether it

will stay on the state's prosecutor here, what's the right thing to do here? >> to not lose sight in that community. whether or not the state's attorney does it or the governor steps in. the community really has to come together and work for police reform. there is no reason why. it does not matter what the circumstances were that the level of force was used whether it was an air fresh ener or an expired tag or even a warrant. even if he gotten away, they knew who they were looking for and they would nowhere to get him. we have to have conversations about in this country when it is appropriate to use deadly force and it was not necessarily in this case. >> chief mckinnon, will the

jerezation of the officer and the police chief, they put out this video quickly because they want people to understand and they say this was accidental. when the chief said accident al as well now resigned and clearly under pressure. does it do anything to help? what do you read into that? >> i think we have to go back on what the former president obama and his wife said. we have to reassess what's going on. there was a call "taser, taser, taser." but if you look at the video again, her gun is out in front of her. she could identify it. that was not a taser. the taser is a yellow gun. her gun is a dark gun which is what i carried five years. so much has to do is who getting

into this and reimagining law enforcement and what kind of people and what's in their mind? as the mayor said here, they had the idea and they knew who he was. it is a misdemeanor. is it worth it to take somebody's life? >> right, they could have chase him down or got him another time as opposed to at the time. >> what the chief is raising of this issue as she's yelling taser and the gun is in front of her. let me ask you about this. she's a 26-year veteran of the force. again, i want everyone to remember that you have been involved in a case like this with oscar grant and whether if there is a mistake of taser. kim potter is a 26-year veteran in the force, involved in training and from that tape it sounds really clear that she's

shocked and upset by what she does. it is true by what the chief just said, you combine all that training and experience and it is not the right color and clearly not a taser. how could a mistake like this happen? >> well, easily she could have been entirely focused on apprehending this person and lost sight and focus of the weapon she chosen. she thought she was using a taser. obviously she didn't focus enough on the weapon she had in her hands that was being used even though it is clearly a different item. from that assess, her mind is determined to get what she was trying to get to apprehend him or take him down and did not focus clearly on the feedback whether it was the right thing to do or the right weapon. she could be charged with criminal offense, negligent or murder. there are those who's going to say clearly murder because she had the opportunity to pull at that weapon and fired it a bunch

of times. >> mayor blake, you dealt with the unrest in the city with the freddy case and it was relenting in brooklyn center and there was looting again and the after math and businesses with destruction and protesters ignoriiing curfe. the city manager was fired because of his response to the protest. but, what needs to be done to deescalate it? >> i think you really have to lean hard on your community and your civic leaders and faith leaders. you have to have the -- the community has to have confidence that you are going to do what's necessary to investigate immediately that you are going work on those police reform. that's why in baltimore, it was after we had the looting.

it was a horrible evening, looting. the community came together and we were able to quell the looting and the violence by saying listen, not in frayeddie gray's name do we want our neighborhood destroyed. these are not neighborhoods. these are homes that are being impacted and resources that people depend on that are not going to be there because of this. >> chief, one thing that i know, i know this is true and many other cities in this country that there is been a huge effort made for the police force to ref reflect the communities. the police force live in the community they live. we found out the mayor of brooklyn center have few people of color in our department and specifically black so they don't have people of color and we are also if you heard adrian's

reporting finding out there is not a single officer who lives in brooklyn center who was policing there. how could that still be the case? >> reporter: there are no residency rules across the country. for example in detroit, we had that and the supreme court dropped that. there is no residency rule. you can't force someone living within a certain community. if you get someone who has some thoughts who wants to care about his/her community, that's so important of what we had to do with in terms of recruitment. >> thank you very much chief, mayor and john, i appreciate all of you. thank you. we are learning more of the 26-year veteran who discharged her gun.

su su sunlen safarty is live. >> we did not ask her to resign. >> ultimately people want justice. >> reporter: potter said in her short two sentence resignation letter "she's resigning in the interest of the community," body cam video which is disturbing to watch showing potter shooting 20-year-old daunte wright during the fatal traffic stop on sunday. >> reporter: 48-year-old, kimberley potter has been a police officer for more than

half her life, first joined the department in 1995. she served in 2019 as a police union president according to the star tribune, she's been on the police force negotiation team and worked as a field training officer. the head of the minnesota police and police officer association tells "the star tribune" on the day of the shooting, potter had been training a rookie officer. this was not her first time dealing with the after math of an officer-involved shooting. potter arrived a t the scene of a fatal officer shooting o f a man in 2019. the man had been threatening his grandfather. potter giving the instructions to the two officers involved in the shooting to get into different police cars and turn off their body cameras and not to speak to each other. actions that appeared to be consistent with the police department's policies, she was

not present at the time of the shooting and was not accused of any wrong doing. potty is married to a former police officer and a mother of two sons. >> the brooklyn center did not accepted her resignation. tell me about where this stands now? >> the mayor multiple time at the press conference today made a point emphasize that he did not accept her resignation. he would not comment on what it means for things like pensions or benefits that she's entitled to. they'll let the internal process play out. potter retained an attorney and they did not get back today with cnn. >> sunlen, thank you very much. out front next, derek chauvin's defense calling its first witness, one who claims george floyd's arrest was by the

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defense of derek chauvin's wrapping their first day of testimonies. sara sidner is out front live from brooklyn center where daunte wright is shot and killed. i can see protest growing behind you as these two stories are colliding in the same place. >> reporter: yes, they are colliding and both family members from george floyd and daunte right wright for the fire today. i was there to see that. this was all happening for r the trial of the officer accused killing george floyd is on

trial. derek chauvin were finally seeing how defense is going about its case with six witnesses today. >> your honor, the state of minnesota rests. >> reporter: the prosecutors rested its case after 11 days of testimonies with 38 witnesses. the former officer said chauvin's action against floyd were by the book. >> i felt that derek chauvin was justified and acting reasonableness and current standards of law enforcement and his interactions with mr. floyd. >> reporter: the prosecution pointed out floyd had stopped resisting and questioned whether continuing the use of force was acceptable? >> if someone is not resisting and they're compliant the use of something controlled as you put it that could produce pain is

just not justified, is it? >> the defense calls scott craton. >> the officer arrested floyd in 2019. >> reporter: did you identify the passenger? >> yes, i did. >> who is that? >> mr. floyd. >> mr. floyd did not drop dead when you interacted with him, correct? >> no. >> he informed you that he's taken some sort of an opioid every 20 minutes. >> reporter: the defense called jawanda hill who was in the car,

all to highlight drug use. >> i said the police is here. we looked and we looked to the right and the police tapped on the window with a flashlight. >> reporter: the jury saw new body cam video from the fifth officer who arrived at the scene after police arrived. officer chen was told to watch floyd's vehicle. >> reporter: the defense brought back the medical support coordinator who previously testified for the prosecution. >> could you define what an officer should do if they encounter. >> definitely get more resources started because you may need more resources.

>> and attempt to control the subject? >> correct. >> through physical restraint? >> yes. >> reporter: and there was p plenty of cross-examination, the former officer there, and prosecution asking him questions about the seven minutes chauvin was on floyd's neck after he completely stopped moving. we have seen a lot of testimonies, 38 witnesses from the prosecution. out here in brooklyn center, you have two strong sentiment combining. folks who are here protesting for george floyd and they are protesting to what happened in daunte wright in his shooting and killing. we are standing outside of the office of federal burreau

investigation. i want to go to justin. obviously in this case you need one jury to have doubt. you have had an overwhelming number of witnesses who had said the opposite. are you worried this could raise doubt? >> yes. the short answer is yes. i am from atlanta and once upon a time, we were up 28-3 in new england patriots so the world saw how that ended. being black american is like being a falcon fan. the outcome is not what you think is going to be. >> the defense began its case today by playing body cam footage from what we have all seen, right? floyd's arrests in may 2018, a

year before his death. floyd told her he had been taken multiple pills every 20 minutes and he took one right before officers walked up the car. they're playing the drug use. what's your reaction of the defense today? >> it is character assassination and it happens every single time in a case like this. everybody who seen this case from the people who were there that day to the other cops in the minneapolis police department and all the paramedics responded. everybody sees this and they know derek chauvin is guilty. only thing they have is characterization. >> the jury was attentive today. she said floyd was happy and normal when she saw him inside the cup foods store and he suddenly fell asleep when they got into his car. let me play part of the exchange for you.

>> when you got back to the car at some point you nodded off? >> yes. >> you were able to wake up, right? >> yes. and, talked to him? >> yes, but he was not coherent. >> she knew floyd well and how does this play into the hands of defense trying to portray floyd with his drug use? >> it is the exact same thing. he could have been doing drugs right as the officers pulled up, it would not make one difference to me. they still, all of them were on his back and chauvin still had his knee for 9 minutes and 29 seconds. medical examiner still said that's the cause of his death. anything else they say drug use or anything about his life, none of it had anything to do with his life. it is derek chauvin and his knee

on floyd's neck. >> when this trial started, we talked about how difficult it was for you to explain floyd's death to your young children, "this is where change will start." >> do you believe that? >> this is for all race in the united states, we are one t country. the last few years, maybe ten years or 15 or more, we have been fractured and so we have to come back together and this can be a start if the right thing happens in minnesota and everyone tells their kids why this is happening or why it can't happen again. maybe it is a start. the stuff with daunte wright is disturbing and disgusting. this can be a start for all of us and the people in that jury do the right thing and we do get

a start. >> justin, i appreciate your time. >> next, congressman tialib says no more policing. breaking news, the new york times reporting a close associate of matt gaetz given the justice department information about the republican congressman last year. what is he telling investigators. i'll take that! ( excited yell ) woo-hoo! ensure max protein. with thirty grams of protein, one-gram of sugar, and nutrients to support immune health! ( abbot sonic ) and tonight's winning number, 43 yes! and nutrients to support immune health! noooo...

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yes, it tells me a couple of things. matt gaetz is not able to claim this is some kind of witch hunt although he started down that road. what happens when you interview a cooperator? where can i find evidence to

back you up? i am not going to take joel greenberg on his words. where is the document or if there is e-mails? how long do these investigations take? not weeks but also not years. if you do the math and the reporting is cooperation started last year in 2020, usually a matter of months. investigators have to gather this stuff up but we are talking months here. >> okay, let's goet to the poin of greenberg and where he is. we know they corroborated it all separately and these payments and matt gaetz's role in his payments. he's likely pleaded guilty in the coming weeks which means there is some plea deal. what is the significance of that? they're at a point where they're ready to make a plea deal with greenberg. >> that's the moment where the cooperation becomes official. prosecutors are now ready to

embrace him as a witness. okay, you are going to go to court and you will plea everything that you have done. prosecutors have evaluated him and ready to roll with him. >> which means they are corroborated and that gets to your point of how damming it may be. thank you so much elie. next live picture out of brooklyn center where protesters taken to the street. u.s. officials urging states paused the use of johnson & johnson vaccine. was this the right move? (naj) at fisher investments, we do things differently and other money managers don't understand why.

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emergency planning for kids. we can't predict when an emergency will happen. so that's why it's important to make a plan with your parents. here are a few tips to stay safe. know how to get in touch with your family. write down phone numbers for your parents, siblings and neighbors. pick a place to meet your family if you are not together and can't go home.

remind your parents to pack an emergency supply kit. making a plan might feel like homework, but it will help you and your family stay safe during an emergency. promising evans' family they'll overcome the tragic loss. >> you are all going to know that you are going to make it.

by holding each other together, most importantly by holding logan and abigail as tightly as you can. because the longer you have them, you got billy, your son, your husband, your brother, your dad was a hero. . >> biden is also meeting members of the congressional black ca caucus. >> he should be alive today and to families and loved ones, you must know the president and i grief with you as the nation grieves his loss. our nation needs justice and healing. law enforcement must be held to the highest standards of

accountability. >> sheila jackson was part in the of president biden. i always appreciate talking to you. what did president biden say today? >> let me first say i was at the ceremony of officer evans and we as a family here on the hill mourn his passing and his family. we know what his commitment was in serving his nation. i think it is important to realize that as african-americans, we are filled with officers in our communities and families. we are supporters of the idea of

good policing. that's the same place vice president harris is and president biden is. they are for good policing. an it provides an opportunity for improving police community relationships by a whole structure of police accreditation and training in the right way. if the officer shot tragically mr. wright and brooklyn and minneapolis or near minneapolis had the right kiend of training the right kind of training, would that officer had grabbed the gun as opposed as a taser.

would the policy be you had a taser on one side and the gun on the other side? we respect the pain of those who are protesting against what happened. >> you speak very graciously, right? you talk about how there are families across this country, many of them black families, there are people who are so committed to public service and being in law enforcement. that's true. you talk about reform and training specifically in the case of mr. wright. one of your fellow democrats in the house rashida tlaib said something different. >> she tweetedth daunte wright was met with aggression and violence. i am done with those who condone

government funded murder. no more policing, in car realization and millizitary. what do you say to that? >> the congresswoman have the right to her opinion. we were not shy and making that point. race was always an but she is a country that has the ability to continue to form a more perfect union. we've got to work to get these problems solved, and so right now, the george floyd justice and policing act has hundreds of organizations, civil rights organizations, progressive organizations that are pushing this legislation. i believe when you deal with

ending no knock warrants and no choke holds and when you have a real regimen of training to these 18,000 policeaccreditatio overnight but it will be something that can make a difference, and when you begin to end voter suppression and pass the john lewis voter election bill, as well as parts of hr 1, it will be hr 4 and when you mock-up tomorrow, hr 4 studying developing proposals, you're beginning to answer the pain of african-americans and frankly, you're beginning to educate americans who are welcoming of trying to understand how we can do better. >> all right. well i -- >> opinions are welcomed, and we must continue to try and improve america as she has the ability to do. >> all right. i appreciate your time congre congresswoman, as always. thank you. >> thank you for having me.

next, states across the country pausing the use of joh johnson s& johnson's covid vaccine so how could this affect people who are already hesitant to get a shot? if you have postmenopausal osteoporosis and a high risk for fracture, now might not be the best time to ask yourself, 'are my bones strong?' life is full of make or break moments. that's why it's so important to help reduce your risk of fracture with prolia®. only prolia® is proven to help strengthen and protect bones from fracture with 1 shot every 6 months. do not take prolia® if you have low blood calcium, are pregnant, are allergic to it, or take xgeva®. serious allergic reactions like low blood pressure, trouble breathing, throat tightness, face, lip or tongue swelling, rash, itching or hives have happened. tell your doctor about dental problems, as severe jaw bone problems may happen.

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tonight, johnson as& johnso vaccines paused. the cdc recommending the u.s. pause the vaccine after a rare type of blood clot. the ages were in women between the ages of 18 and 48. the doctor that advised the white house, dr. ryaner, 6.8 million j&j doses have been administered so the math means the blood clotds have appeared in fewer than one in a million people and yet, they are going to pause this vaccine. i just want to understand something to compare it to. the fda allows birth control, which has a blood clot issue in women three to nine women in every 10,000 but they allow people to do that. now, the vaccine is different. we're trying to push it on the whole population and essentially make it not a choice to get vaccinated. still, it is a bit different. is that why this is paused?

do you think this is the right thing to do? >> well, i think -- i absolutely think it's the right thing to do. look, these are new therapeutics and the fda and the cdc want to make sure we understand the safety envelope that surrounds them. so you're right, this particular kind of blood clot was incredibly rare. one out of a million people administered the j&j vaccine had this particular blood clot, and you'll never see this kind of side effect in a clinical trial that enrolls 40,000 or 50,000 people, it's too rare. so it makes sense now to pause, get a sense for whether this is a real phenomenon, whether it really is associated with the vaccine and who in particular might be at highest risk. in the j&j experience, it seems to be mostly women osr entirely women and relatively young women. this might give the cdc and fda information who really should be

getting this vaccine. maybe they'll change guidance and this vaccine will be recommended for people over the age of 50. we'll have to see. >> that's an interesting point. of course, you know, all ages, 18 to 49 you have a 1,810 greater chance of dying from covid out of a million coasts than you do from the vaccine. i unl the point you're making. the reason this is important, i understand pausing this, it should have people realize we're going to get this right, you're going to know everything about it. you feel better about it. it can make people feel like gosh, this stuff is new and now you're telling me there is blood clotds and you're going to pause it and i wasn't sure about a vaccine and now i'm definitely not going to get the vaccine. that's the challenge. what's the concern you have about the vaccine he issitant w this? >> they found 37% of the population were not going to get the vaccine right away or not at all. a large portion of people wanted

to wait and see. i'm kconcerned the people that want to wait and see will be more motivated to wait and see. the way i want people to look at it is this, these vaccines are incredibly effective. you're much more likely to die of the coronavirus than you are to have a significant complications from these vaccines. the incidents of death is 1 in 1600 as opposed to 1 in a million complications from the vaccine. the part of administration really did the country a disservice when they branded this as operation warp speed that gave the false impression to the country that what we cared about was just speed, churning the vaccines out when in reality they should have called it safe shot or big shot, the former president would have probably liked big shot, which really stresses that this is an important vaccine but not so

much the speed. the fda clearly stated that they would not license this vaccine before it was shown to be safe, and i want the public to understand that. this pause is really prudent and gives me reassurance that everything we give people will be safe. >> all right. dr. ryaner thank you and thanks to all of you. >> my pleasure. >> anderson starts now. good evening. as we look at the crowds again tonight in brooklyn center, minnesota the question is what will the next few hours bring? will people here make of a full day of developments in the wake of kthe killing of donte write. a number of protesters scaled a fence holding a banner reading justice for daunte wright and chanted what's his name? say his name. daunte wright. kim potter who fired the shot quit the force and will learn many she could be criminally