and as we always say, may his memory be a blessing. out front next, endless violence in america. president biden calling mass killings in the united states asas an embarrassment. protesters gathering in chicago after video surfaces of a 13-year-old boy shot and killed by police. the police say he had a gun, the boy's family said he did not when he was shot. the biden administration backtracking on an announcement that had his own party comparing him to trump. let's go out front. good evening, i am erin burnett. tensions mounted in cities across the country. americans woke up to the news of

another mass shooting, over night in indianapolis. flags are flying half-staff at the white house. the president voicing his frustration of mass shootings in america. >> every single day there is a mass shooting in the united states if you count all those killed in our cities and rural areas. it is an embarrassment and must come to an end. the 19 employee shot and killed eight people before taking his own life at a fedex facility in indianapolis. seven more were wounded during the shooting. >> they have an active shooter at fedex. five people shot. >> clear the road entrance

there. police chief when officers arrived on the scene quote, they found something that really no one should see. they had to see the deaths the lives taken away up close, so, so close. this death is something that america keeps seeing everyday. the 45th mass shootings in the united states over the past month. it is the 147 mass shootings this year in america. shootings in a nation that has been covered with unrest. chicago tonight protesters are taking to the streets. the white house calling this video of a shooting of the 13-year-old is chilling. protesters are gathering for the sixth date after former mrs. kim potter killed wright. potter mistook her gun for her

taser. closing arguments in the trial of derek chauvin are set to begin on monday. we have the latest on all of these stories tonight. >> and kaitlan collins is at the white house with the president's response. all of this in a nation grappling with the unimaginable death toll of coronavirus. more than 566,000 americans are dead. and the numbers are going up today. they'll go up again tomorrow. i want to begin tonight at the white house with kaitlan as we have reporters across the country covering these stories. >> reporter: yes, several different crisis on his plate. the gun violence we have seen and the mass shootings we have seen and the nation over the

past month, it is 45. and talking about coronavirus and hosting world l's leaders le what president biden did today with the japanese minister. the mass shootings and the everyday gun violence that's happening in the u.s. he said it is a national embarrassment. he called on senate republicans to pass that background check legislation. that's something we have noted many times facing an uphill bt l, not just republicans in this senate but some moderate democrats. president biden was asked does he need to shift his legislative priorities. in his first press conference, he made clear that infrastructures ranked above guns. he talked about when to take the right steps at the right time and gun control has been increasingly unlikely to be passed.

he seems to recognize that. he thinks he can focus on coronavirus and the economy and while also focus on gun control. it is a big priority and certainly on the campaign. the white house says they are also not going to appoint any kind of gun sars. putting people in charge of certain issues, they don't feel that's the need here. they put the responsibility back on the those republicans on capitol hill saying they need to come to the table to talk about it and given the events of what's happening this week, this is an issue that keeps on popping up for this white house. >> kaitlan, thank you very much. across the country the broad and violent images had been overwhelming. tom foreman is out front. >> reporter: eight people gunned down. stunned survivors. >> more shots went off.

and somebody went and got another gun zi saw one body on the floor. >> get an ambulance up here now. >> what's going on? >> take your hands off me. i didn't do anything. >> reporter: that was the latest in a horrifying week of violent moments. so many that officials are cautioning against any excessive backlash. >> there is absolutely no justification, none for looting and violence. >> reporter: many of the incidents involved police. in minnesota, the fatal shooting of unarmed young man, daunte wright during a traffic stop spurred a week of protests and some became violent. >> everybody keeps saying justice but unfortunately there is never going to be justice for us. >> i can't breathe.

i can't breathe. >> reporter: tension was already up around the trial of the the former officer charged with killing george floyd by kneeling on his neck more than nine minutes. derek chauvin says he's not guilty. >> our hearts are aching right now, we are in pain right now. >> reporter: in chicago another disturbing video emerged. a police officer chasing 13-year-old adam toledo and shooting him dead. the teen had a gun. he did not when the officer shot him. >> if you are shooting an unarmed child with his hands in the air, it is an assassination. >> get out of the car now. >> reporter: in virginia, a video from last december came out, police pulling their guns and pepper spraying and forcing an army officer to the ground for an alleged traffic violation. >> this is [ bleep ] up. i can't believe i am being treated like this. >> reporter: all that comes

against a backdrop of other mass shootings in colorado and georgia and elsewhere. the political cold war in washington and the pandemic which was taken well over a half million lives. we have had more tragedy than we can bear. >> reporter: in normal times any of these incidents may have spurred calls for change, renewed legislation which typically don't lead to much, in the past few weeks, america has been hurting and shocked and stunned in ways that are really quite extraordinary and so the fall-out from all of this is really unknown, erin. >> tom, thank you very much. i want to go to abby phillips and john. president biden is the commander ip chief and he experienced so much loss himself and he's been able to have genuine empathy for others. tonight he called it a national

embarr embarrassment which it is. flags at half-staff, this is beyond the scope of simply co consoling americans. >> this is moral outrage and embarrassment. no other countries see gun violence deaths like this. 45 mass shootdings in a month? and the question is what will change congress? >> let's make some progress but we should not be numb to the feedback that we are experiencing an unimaginable toll of violence. on a regular basis and it does not need to happen here because it does not happen anywhere else. >> it does not happen anywhere else. we got to say it again and again because it does not happen anywhere else. everywhere else has different gun laws. abby, the president's record on guns, he's had a long history

working on gun legislations, of course he was there after newtown, we didn't get it done when first graders were murdered. what more needed from him in this moment? >> i think that experience, that newtown and all the other mass shootings since then are what is coloring his approach to this issue which is that it is not clear whether prodding or pushing or arm twisting from the white house changes the politics of the situation on capitol hill and in fact, sometimes it seems like it could backfire and so if you are the biden's white house, you are trying to envision what's the best scenario for the most durable form of change on policing and on guns. the white house has said exp explicitly, we think that means congress must act. they're kicking it over to the other side of pennsylvania

avenue and there are some conversations happening but it is going to require individual members coming together, having conversations about which part of this apple they're willing to bite off. on the democratic side, you are seeing movement on background checks. the big question mark is what on the republican side are they willing to do. the pressure from the gun lobby is to do nothing at all. i think that's going to be the problem here as we go forward in terms of whether something could be done. >> of course, this is deeply frustrating in the sense that the nra speaks right but it does not speak for members of the nra. they themselves are responsible gun owners. john, proesident biden is callig on the senate to act but it is partisan gridlock. there is been so much talk and again i bring up newtown. is there a real chance for it to

happen now? >> the anger after newtown, the nra is not the power force american politics it was. the nra is suffering an enormous self inflicted wounds. senator toomey and murphy, they thought there could be progress on background checks. it should not be a heavy lift but it is. it is going to require solutions and executive orders but we should not assumed nothing can be done because things could be done. >> i suppose whether the american people are going to push congress to do that. we need to look at what we have seen recent, a grocery store and fedex facility and a school, just to name a few of the places where there has been violence. the only thing for a while that stops the violence was the

pandemic itself. as it lifts, here we are, we see it coming right back. >> yeah, i don't want to be too cynical about this. one factor that has happened in this country was despite what john is pointing out about the nra's being weaken and the culture sort of, the second amendment culture, the gun culture has become an integral part of people's identity. that hardens since newtown and you see so many more people who identifies conservatives or being much less willing to deal with issues of gun violence, it is about how people self-identify. that's a really steep hill to climb. >> yeah. >> it is a real hurdle here

because it is not about how much money being spent. it is about what these constituents are saying to people on capitol hill. >> thank you very much. i appreciate it. the fedex worker was reporting for work. she was there in the parking lot and about to go in the billing where a gunman was killing her co-workers. what she saw. she's my guest to tell you. crowds gathering in chicago right now after video of police officer fatally shooting a 13-year-old is scrutinized. the boy's family attorney says he did. the family's attorney will answer questions. >> and the president, this was the fastest 180. reversing course on a big decision after series blow-back from political allies. jeff's been to the bottom of the ocean. the tops of mountains. and wherever this guy runs off to.

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mattered here tchl, they were k and murdered. the 19-year-old brandon holmes. the fbi revealing that holmes' mother warned law enforcement that she feared he may try to commit suicide a year before the the shooting. jason carol is out front. >> i saw a man with an automatic rifle and he was firing in the open. >> reporter: ag peoeight people dead after a gunman opened fire at the indianapolis fedex. it happened to fast that employees could not believe it. >> we started hearing about 10 shots. >> my buddy levi saw more shots

and somebody got another gun and then i saw one body on the floor. >> reporter: police say the first 911 calls came in around 11:00 thursday night. >> we have an active shooter at fedex. five people shot. >> reporter: >> reporter: police say it was a chaotic scene when they arrived. it was not clear if there was one or two shooters. >> our officers report to danger when they do. when they arrived on the scene, they found something that really no one should see. we are all shaken by this heinous act. >> reporter: the suspected shooter has been identified as 19-year-old brandon hold. a former fedex employee drove into the parking lot and started shooting both outside and inside the building before taking his own life. fbi and indianapolis and special

s agent in charge, holds told law enforcement that her son may commit suicide. keenan says the fbi concluded no criminal violation was found. police have not determined a motive. >> we recently identified him, now the work begins and see if we can figure out some sort of motive of this but we don't have it right now. >> authorities are working on identifying the victims and notifying their families. >> very emotional scene there. investigators say when the shooting happened last night here at the facility. it was during a shift change, there were about 100 employees

here. at this point none of the victims had been identified. we are expecting the names of those victims to be released in just about an hour. erin. >> all those families ruined. thank you, jason. i want to go to levita chester who works at the facility and getting ready to go to work when the shooting rampage began. levita, i appreciate your time. i am so glad you are safe, i thank you for taking the time to talk to me and tell me what happened. tell me what you saw and heard last night. >> okay. so basically i was getting into my car on the phone and i heard a pop go off and me not thinking, i thought it was a car crash but then when i saw the gunman running towards the front door with his rifle, i pulled off the parking lot and i called

the police. >> i mean you said you saw the gunman with the rifle. you called the police and you were also at that point, telling other employees to turn around and don't come here. and you were directing police who were trying to get to the scene that were so chaotic and confused. >> once i got across the street at the hotel and i parked my car and i was nervous and shaking and trying to tell people to turna turn around and do not go to work. some people were not listening. some people that we work with can't speak english. they knew eventually to turn around. at that point once we got most of the people we work with turned around, the police started to come.

i directed them to go to fedex. >> it is incredible. you think you could have saved those people's lives from going in there. tell me what it was like you were sitting in your car after you heard the pop and when you saw the shooter run, how did that get into your mind? wait, this person is shooting at people and tell me about what you saw and was he running really fast or did he look like he had a specific place and a purpose? >> so when i heard the pop, i looked around and i was like okay, i didn't see anything. i went back to my phone two seconds later, when i see him running to the front door with his rifle and ready the fire and once he entered the door, i wanted to make sure he didn't see me pull off once he entered inside and i called the police. once everybody seen me pull off,

they pulled off as well. >> laveda, we have not yet learned the names of the victims. we do know the gunman. he was a former employee at the facility where you work. he was last employed there may 2020, may have overlapped and brandon hold was his name. >> did you know him or have you heard anything about him? >> i am not sure if that's who i saw but from other description, they saw a shorter male being a gunman also.

i know two killers instead of one. i seen one but from what i heard from other cow-workers there wee two. laveda, have you heard anything about those who lost their lives? your do wco-workers who were sh and killed last night, maybe you heard anything about those who died? >> no. no, i am midnight and the shift before me, i had no idea who's on that shift absolutely not. >> i understand. so it is a different shift. i appreciate it laveda. i appreciate you talking. i know it is hard to do. i thank you, i am glad you are okay. >> thank you. next, outrage in chicago as protests grow. there are calls for peace at this hour for the family of the

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tonight protesters back on the street for a second night after the death of 13-year-old adam toledo. toledo's family released a staple for everyone to remain respectful and non-violent. ryan young is out front. we can see protests and people gathering behind you as the family is urging for calm. >> reporter: yeah, absolutely, erin. last night's protest had less than 50 people there. tonight a completely different story. if you look here you can see nearly more than a thousand people standing here in this area. this is as logan square neighborhood, people said tonight will be the night where people will show up to protest.

they wanted to make sure where they made their voices heard when it came to unjustified shooting. a lot of people showing signs of "defund the police." look out there and see all the people showing up here. >> stop, stop. >> reporter: adam toledo's family say they know emotions are running high. the 13-years-old shot and killed by police. video release showing the moments leading up to toledo's death. toledo turned down an alley and then a split second decision that would leave the seventh

grader dead. >> the officer had eight-tenth of a second to determine if that weapon is still in his hand or not. there is no obligation whatsoever. >> reporter: this black pistol was found behind the fence where toledo was shot. in the released vid eo annotate, you can see toledo up against the fence at the fatal moment from a wider angle. >> the officer had every reason to believe that offender was turning and pointing the gun at him. according to illinois statue, you only need to have a reasonable belief in order to take deadly action. >> reporter: the teen had no guns in his hands and he was shot and no chance to signurren.

>> do you see a gun in his hands. let's assume for a moment the worse that he had a gun in his hands. the officer gave him a directive, the officer told him, "show me your hands," the child complied and surrendered and lifted his hands and they were empty and the child was shot. >> reporter: after the incident, defense of self and defense of department member or aggression. subject armed with a weapon. the incident is under investigation. the officer identified, 35-year-old eric stillman feels horrible he had to use deadly force. he just feels horrible. >> reporter: this is a city that str struggles with gun violence. there is a lot of mistrust

between the citizens and the police department. they have been working on that for years. this video stood out to them. i want to show you something, you see people shown up with signs and messages on it, you can see the sign right here that says "defund the cpd" and this sign is asking the mayor to resign. that's being repeated over and over in terms of the anger that's out here. this crowd is really swell. downtown they're worrying about businesses. no trouble so far. >> of course, you see people protests now. we don't see it. 750 people killed last year. >> i want to go now to the attorney of the family of adam toledo. i appreciate your time, our condolences to the family. it is a horrible loss to lose the 13-year-old. police said adam toledo whahad

gun. you see toledo holding an object behind his back. was that a gun, do you know joel? >> well, i can't talk to my client whether it was or was not because he was shot dead and killed by the police officer. science will have to tell us, forensic sick science will have to tell us all of the facts. so the president of the chicago police union says, there is no way the officers could have seen mr. toledo dropped the gun because his arm was blocked by the defense. let me play you what the union representative said. >> the officer had every reason to believe that offender was turning and pointing the gun at him. >> he said less than eight-tenth of a second. it was fractions of a second. what do you believe the officer could have done differently?

>> well, i think the officer could have stopped pulling h his trigger where he finished shouting and telling him to show his hands because i think the science will establish the facts, step by step, tenths and hundreds of seconds at a clip. >> so your cocouncil who's representing the toledo family had strong words about the shooting. let me play what she said. >> if you are shooting an unarmed child with his hands in the air, that's an assassination. >> she calls this an assassination. >> poor choice of words. >> the family is praying for

peace and prayer. the only good that's coming out of this is the accomplishment of what's going to be known with. for troubled children who are in difficult circumstances, you get into a different environment, fashion after and very successful facility called in south carolina. retired fbi agent, 60 years ago, now the chairman of the board, i spoken with him, he's up for it. establishing a facility that helps these kids so that they can not rebuild men but rather build boys than mending men. that's what needs to be done in this community. i snuck out of my house when i was a kid. i did all sorts of terrible things, i was lucky. there was not a cop running after me. >> it is incredibly tragic of

what happened and right, you point out that the kid was out in the middle of the night and you just wish something could have happened where are his life, you know, he would be alive and this all could of turned out differently. let me ask you one other thing though because about this issue of the gun because it is going to come down to it and we all know that's the heart of this whether there is a case to be made legally or not. police said he had a gun and he had gun residue and they were replying to a shot fired report. i am going to play him quickly along with mayor lightfoot. >> it is unfortunate to make the decision to have a gun and get a

chase with officers that used fatal shot. >> in the middle of the night, this child was in contact with adults who had as gun and ended up being shot and killed by police officer. >> they are talking about the same tragedy you are but the former detroit police chief pointed out, he should not have a gun. he was there is in the middle of the night. that they believe it is a horrible tragedy. what do you say to that point sns. >> simple. my hands are up, i got shot squarely in the chest. >>. >> his hands are up. you can see it clearly. you can see my hands. that police officer over reacted. >> when you hear what he tried to do, did everything he could

to save toledo's life. >> that's commendable but he still killed that juvenile. he walked around for about 15 seconds then he came back behind the fence and instant ly found the gun. >> do you think he placed the gun? >> i am not saying that at all. >> all i am saying that science will well us what happened. i am not suggesting that. i really want to try this in court and not in the public, i saw the interview by the former detroit police officer. i understand he was so shook up that they took him off to an

ambulance. >> it is very tragic. he's a former officer and he spent in many sbituations involving guns and perpetrators. i will take issue with that. >> you are provacative. a freedom of speech in america. >> i appreciate your time, joel. >> thank you. next, protesters gathering in minnesota after the killing of daunte wright. plus, upholding xenophobic, policies of the trump administration. tonight biden is backtracking.

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tonight the minneapolis area potential tinderbox right now as brooklyn center braces for a sixth night of protests following the shooting death of daunte wright, a 20-years-old black man. >> second-degree man slaughter is not okay. >> i am not okay with that. that's not right. she murdered my son. my son is never going to come home. she gets to sit on a police

pension right now while my son is going to be buried in a few days. that's not okay. adrienne is out front tonight. there is so much sadness and anger. it is just tragic to see for anyone. what is it like on the ground where you are? >> reporter: erin, tonight it is tense but it is calm. many of the people in the group behind me said they are done talking about police brutality and they are looking for solutions. here they are at home base right outside the brooklyn center police department, that's where it all started. that former police officer spent years building her career shot and killed daunte wright. here we see two worlds, one side

where the police department is you have the fencing and the other side, ill like to call the beauty of the twins city, people dropping off essentials and food and other items to help the families who live here who have been surrounded by everything that happened. the over-arching theme and message, these protesters here echo the message of the wright family, they want serious charges like murder charges. >> dadaunte's mother, she's not the only parents speaking out today. >> reporter: she was not the only parents. she was surrounded by other families who lost loved ones of what they call police brutality. we heard from valley castille

today. this case resonated with her because the 20-year-old father died in the vehicle. listen to what she had to say. >> how do you keep on having murder after murder. >> we don't have time to recover. i am mad as hell again and again and again. >> reporter: so much sorrow, the people here are finding support with each other. >> erin. >> adrienne, thank you so much. >> next, joe biden facing major backlash for breaking the campaign promise. a rioter pleads guilty after 100 days after the capitol hill attack. the first to do so. this is soft! holy charmin! oh! excuse me!

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place trump's limit on refugees in the country. the white house says president biden will set a new and increased refugee cap next month. how does this change in the space of a few hours? it comes after multiple democrats spoke out including senate majority dick during ban that quoted this is unacceptable and alex yandria ocho gasio-cor. it's incredible, right, they thought they would skate this one by and didn't feel they could increase the cap but met with a fierce and fast reprisal and will up the cap turning around completely in the space of a few hours. is this going to quiet the democratic critics? >> it's not over yet. we don't know what the ultimate number is going to indicating

will not be at the level proposed by the biden administration in february, but for the past two months, president biden has not signed the directive to increase the cap to that level and faced growing pressure from the left and then as word got out today that he would not go beyond the 15,000 level that president trump set when he was in office in the last year, that's when the backlash began. democrats like dick durban as you mentioned said president joe, democrats like heading the congressional caucus called it un unconscionable and a broken promise. there are 35,000 refugees vetted and brought to the united states but president biden needs to sign. this is all far less, too, erin what is historically the norm of the federal law, which has been about 80,000 refugees we settle

per fiscal year will be significantly less than that amid this crisis around the world where so many including children are looking to be resettled and others being placed in camps without this directive from the quunited stas but the concern from the white house is one about optics amid this growing crisis at the southern border, which is not the same at refugee problem but critics conflicting the two which is why biden hit the brakes. >> thank you very much. "outfront" next 100 days after the capitol riot and there is a guilty plea, one of the first from the rioters. new dove men deodorant is different.

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it grows two times faster than seed alone for full, green grass. everything else just seems... slow. it's lawn season. let's get to the yard.

heavy metal guitarest with the oath keepers pleaded guilty to obstruction of a official proceeding and admitted to carrying bull spray during the formal certification on january 6th. lawyers on both sides agree that a prison sentence is appropriate between 3.5 years and 4.5 years if he cooperates, which he agreed to do. this is incredible. he agreed he should go to prison

for 3.5 to 4.5 years. incredible. the department of justice is herolding this plea that comes 100 days after the capitol attack. thank you for joining us. you can watch "outfront" any time on cnn go. thanks for watching. "ac 360" starts now. there is no way in good conscience to use the word good evening tonight but there are many words to choose from, mournful, tearful and as a country, shameful. good is simply not one of them. not after what happened overnight. when we began this program last night, we noted that between the police killing of doaunte wrigh, the trial of derrek chauvin and the police shooting of a seventh grader, it was a lot and late last night a gunman opened fire at a fedex facility in india indianapolis. eight people were killed by a 19-year-old former employee and several wounded or hurt. countless more tonight are living the nightmare of losing someone close and th