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laura coats. and this is cnn tonight. to dish no memphis police officers have now been ridley of duty. in the wake of the killing of tyre nichols. we are learning officer preston who, according to memphis police quote, he participated in the initial traffic stop. and the use of a taser, unquote. and another officer who hasn't yet been made. well, they both have been. relieved of their duty. and, three memphis fire department personnel have also been fired over the response to tyree nichols beating seen. this is in addition, everyone, to five police officers have already been, not only relieved of their duties as unfired, but also charged. the da saying, quote, this is an ongoing investigation. we are looking at all individuals and valve in the events. leading up to, during, and

after the beating of tyre nichols. at the moment rugged would deep dive into this case, the evidence, and what will take to actually prosecute this case. but as a family, and the community, and a nation mourned, the funeral for tyre nichols is now set for this coming wednesday. a funeral for a 20 nine-year-old, will stop by police, and later beaten beyond recognition just a mayor 80 yards from his own home calling for his mother. the whole thing caught on video that are still heartbreaking to watch. [crying] [screaming] >> because they are pretended every time i see those videos, every part of

me does not flinch. and my stomach does not turn. and i don't like my own son. and everyone else's sons. and all the mothers whose heart aches because of what you're hearing. and those videos, the honda everybody was watch them. and a question aside from the legality, aside from the illegality, aside from the contours and the nuance try to pick apart prosecutors and the court of public opinion. in the court of law, i've been wondering a lot about what we do with our horror. what we do with the pain. what is seeing this over, and over, and over again. not just in this case, but so many others. what does this do to our psyches. and our society. went, perhaps, there's inability to compartmentalize. and a refusal to do so with that. really dive deeper into that a

little bit. i would bring in memphis city councilman, jb smiley junior, as well. councilman, thank you for being here. this evening. for so many people who had watch this, and watch different parts of this video over and over again. one of the things people are pointing out are the number of other officers who are on the scene. we know that five have been charged, others have been relieved of duty. first of all, i'm not sure if that's supposed to be meaning fired. does that mean in the freshly lee dismissed? and if the receiving pain. let me there's an investigation. do you have a sense of what this relieved of duty phrase really means there? >> well, relieved of duty, essentially means in the city of memphis that the individual is no longer working for the department. but it does not mean fired. they initiated process has to take place in order for the

individual to be fired. the initial process is not good. yet >> you're saying, of course, because when the people or honing in on. with five officers who really fired very quickly. but charged, indicted, obviously it is a distinction now in terms of the other one we know the names of-in-one we know. do you think we're gonna see charges for additional officers more broadly? or even the personnel, the medical personnel, who were on scene as the empty and fire department and failed to provide, allegedly, adequate services? >> for me, i think every officer, every law enforcement officer, every empty, and every individual should be immediately terminated. just because they violated policy does not necessarily mean the criminal culpability. there's hope for the prosecutor and the district attorney to turn into the side. but this relates to changing in the sense of culture. i think it's necessary in order to move forward as a community

if every individual showed up to the scene. mr. -- especially. >> mr. -- was one of the officers who was initially involved a traffic stop, and the tasing incident, and he made the comment if i'm not mistaken about hoping that this young man would be stopped in some way. i am wondering, particularly with him. tell me why you feel he, in particular, ought to face accountability? >> i think when you look at it but and see what the entire world the saying. with a top but it's not just black police officers against black individuals. it's not just by police officers against black individuals. it is the culture it is blue versus black and brown people. it is blue versus poor people. if you want to drive a culture that says that sense of forces commonplace. this is abuse of power is accepted. we have to start with the rule calls. andrew calls the mentality that

you can do whatever you want to. and there's no consequences. and mr. -- comments about stumping mr. nichols to the ground is the first problem. you have to drive it out by -- frankly for number people on the scene, tear larger point. anyone could be the poster child of what never to do. hope to never do in a civilized society. let alone those who wear the uniform and profess to be peace officers. i do wonder, though. one of the words we often hear when we talk about officer involved deadly encounters. is that there are questions about, not only, police morale and recruiting. but also the safety of the community. if officers tend to have some sort of a backlash, or retaliate through inaction it down the line. do you see anything like this happening in memphis right now for offices, or as a culture, or as a community of a force.

are somehow approaching this as hands off, and not wanting to do the work? >> not at all, but i think we look at it and the greater context. i think is a nationwide shortage of police officers already. but the officers that we do have they take their job very seriously. they're not taken a hands off approach. they're taken an approach that this is my job. and it's attempt to fulfill my duties recently. i think this is a known issue, and misdirection. >> i certainly hope it is, and i certainly hope as we look to the funeral this coming wednesday of tyre nichols. what will it mean to the community of memphis, the nation more broadly, that this man will have his funeral at the age of 29 and, inexplicably, as to what his life was lost? >> i think it is heartbreaking. heartbreaking for community, heartbreaking for the entire nation to have this conversation.

. to watch what transpired. but we've been having this conversation for several years now. it didn't start just eric brown, or steal. now it is mr. nichols, i think of the nation we have to understand that, at some point, we have to accept the fact that it's the entire system. the entire system needs to be changed. we have to ship from a culture of accepting excessive force and to going into these police departments and making quarter changing decisions. >> really important point, councilman, thank you so much. appreciate your time this evening. >> thank you for the opportunity. >> the idea of never again to, once again. here we are. five fired at police officers have each been charged with second degree murder and some are questioning whether prosecutors can make that charge stick. shelby counties da, stephen mulroy, who's bringing these charges saying this about them.

>> under tennessee law, for one to prove that there is a knowing killing the only thing when must prove is that one acted with the course of conduct with the defendant was reasonably certain that death may result. and we believed it all the evidence taken together will show that, and we are confidence that we have a strong case. >> well, the da's confidence in this case. take a close look at why that might be. what evidence he has so far and the eyes of what we have all seen publicly available information, of course. everything we are seeing, certainly, is not gonna be the totality of what the prosecutors are going to be looking at. at the investigation continues. but i'm joined now by defense attorney and former federal prosecutor, shannon. blue and attorney and legal affairs commentator, areva martin. i'm glad that both of you are here because i really want to walk through and unpack a little bit about the second-degree charge. he used the word knowing, but there are certain moments, and i want to pick out from the video that really, i think,

demonstrate parts, not being only to talk to you here shawn. there is this horrible scene where you see him, shannon, being punched while he is restrained by officers, and i don't mean restrained in the sense that he is fighting back. but his arms, clearly, are being held. he has no opportunity to defend himself. he is holding its beats and miraculously standing up. but enduring something incredible incredibly violent here. and now, when you look at this moment, think about the second-degree charge. about knowing behavior, knowing that the behavior, all the culmination of it could lead to something deadly. what do you see? >> i really focusing on that restraint aspect that his hands are tied behind him. he is defenseless, he can't even hold his hands to protect his head. and i think, and that instance. when you are any person, much

less a police officer. you have someone who's helpless, and you are teeing off and hitting them like that. i think that is the knowing part of that. it's going to be a very serious injury matter who it is. >> areva, on that point to it so often we think about officers being able to talk about the use of force. but it is essentially the amount of force necessary to propel a lethal force or some force against you. in other words, self-defense. when you look at that, i see this person, tyre nichols, is in no way striking back and anyway, shape, or form. what does that say to you about culpability for trying to pursue a charge when there's no use of force or self-defense? >> it says to me, laura, the prosecution has a very strong case. in addition to the beating that we saw that changes talked about. that happened while mr. nichols hands behind his back, and he was defenseless. to me, what was so telling about the charge of the knowing

killing is when he is on the ground. and they start kicking him in the head. police officers know that when you use your foot, and you kick someone in the head, they know how deadly those kinds of where that kind of contact can before any individual. and then they dinges cake and once, they kicked him multiple times, in the head. these officers also new, mr. nichols, we never talked about it so simply. only weight about 145 pounds. but he was a tall, very thin man. so, i have a son. and aside in this conversation with my husband who weighs about that amounts. he says even just a slight push on our sun causes hip to fall backwards. so we are just thinking about what was happening to mr. nichols body to have these five men, all of them are much bigger than him, use their body weight to hits him. to punch him, to restrain him, and then to kick him in the head as he lie defenseless lay on the ground. so, i don't think these

defendants, laura, are going to make it. i think they're going to be rushing to see who can tell the other person. you can try to get a deal to prosecutors. this is not a case thing what have tried before a jury. interestingly enough stock and about this before we came on today about the idea of what happens next. some people think, as a very point, why take it to drill? why wouldn't do this. you think about looking for a cooperative, if you're the prosecutor. but i need is a cooperative for. i got videotapes. >> it is my incentive to try and give you a plea other than of course to try and secure that conviction and not take the chance. because we all know, juries, perhaps they can have a different thought process than what the evidence, at times, shows. but when we play these two clubs back-to-back and they are very difficult for me. i'm sure they are for both of you, we are all parents, and think about what this means. and the first one and what a play to use him calling out first mother. we heard this repeatedly.

frankly, it brings tears to my eyes every time i hear the gut wrenching cry for his mother. i hope to god she never hears this video for that reason. the second one is when he is no longer able to speak clearly. but just sounds are admitting out of his body, listen. vadim [screaming] [screaming ] i played those two because, shannon. there is obviously physical

injury to him. there is obviously a change between him being able to enunciates, and speak. two sounds of pain, and extraordinary chest injury coming from his body. when you look at that, not as the parents. not as distraction of a human being but as a prosecutor. what does that tell you. it is very strong evidence for the knowing part that this persons already very injured, you know, from a defense standpoint. those officers could argue i couldn't tell, i'm not a doctor. that something was going on. i thought was high andra's, something like that. they can argue those things or the council will, because i doubt they'll testify. but the problem for them goes back to the fact that there is no evidence of him resisting. there's no reason that they need to potato pie force to him. and that is part of the

problem. but they can certainly put up arguments i did realize that his condition was deteriorating. but i think, for the jury, that's going to be devastating against with and it's because you can see the terrible downhill decline, right for ice. >> you really can, don't worry, stick around, we're gonna bring back in the conversation as well in just a moment. but just to reiterate that point. part of what they had said, the da, part of the firing as well from the memphis police chief. was the failure to intervene, and the failure to render aid. and with the duty was owed. to somebody in their custody at this point. remember, custody, not free to leave. this is a criminal case everyone that we decided in a court of law. but of course, the brutality those on leash on tyre nichols, and capital in these videos it is extremely hard to watch. i am wondering what these videos, videos like these are doing to our mental health,

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but now, frankly, millions of americans -- have memphis police officers beating, fatally beating, tyre nichols. now, for many of us, it is our way of, perhaps, bearing witness. but videos like that they are so hard to watch.

and i know i talk to tell you this. but they take a toll. and it's extraordinary one. i want to talk to you about singapore kilometer, scott jennings, former white house mayor hut. and dr. jeff gardere, a clinical and forensic psychologist. doctor -- i want to begin with you here because, selfishly, with the work that i do and the work that we all really a part of. we are required to, obviously convey, and inform, and illuminate, and it requires a level of compartmentalizing. they're far too many moments between name on the camera but it is difficult to reconcile what we are seeing. and, it is haunting. i wonder how you can advise people and how to deal with this. >> first of all, 2018 --

when we are watching these very violent videos of people being attacked and rely for. that it can have an effect on us. ptsd, acute stress disorder, insomnia, anxiety of reliving that nightmare that we've seen over and over again. so did does affect us. you don't have to be right there when it's happening, watching on video effects. it also occurs with broadcaster nicholas, laura, you talk about what you've been experiencing. watching this video over and over again, seeing this happening over and over again. so i think it is really important that you, journalist. but all of us the brief and we see these particular horrific things. that we leaned on people who get it. people who can understand us when we talk about what that pain feels like. but then anger feels like. but it's also important to share with people who have hope and who can give some insight as to how we can do better and

recapture our humanity. it's important point in thinking about tire in a closes on mother who has said that she refuses to watch what's happened and i understand. why but there is something to be said, and wonder if you can speak today people saying i choose not to watch it. i cannot, i cannot. there's always this debates, perhaps internally, perhaps suicidally about responsibility to stay informed. and to see what has happened. and the grace to give oneself to say i cannot. >> yes, and i absolute respect people who say that they cannot watch this. perhaps they've already been traumatized by watching these other cases a police brutality, mass shootings, gun violence before and they can't do it any longer. you have to know what your limits are. certainly, we don't want children to see this. but also understand that the

those of us have to watch it. you and i have to watch. it you're guest who are here who had to watch. i have to watch it. hopefully there enough people in society who have to watch this's that we can be reminded that this is a continuing issue with regards to systemic and -- and how it hurts black and brown people. so, we have the witness to this certainly those who have to watch it we have to respect that. they're also the ways to learn about this without having to watch the videos. we can read about what has happened, which maybe a little less traumatic. >> let me bring in to parents and friends of mine who are on the set is well. scott jennings and -- we'll have children, varying ages, scott has like 30 children. you and i have to. but think about this, have you let your kids see this? do you have these conversations, yours are off the young? >> six and two, so they just

coming into their wariness of the world. they are black children so they just aren't to understand what that history means for them. and the role in society. my eldest, at six, is still understanding that at some point in time, not to the distant past, people of his skin other was enslaved by the people. so we talked about martin picking, we talked about power, and what that means. but he still trusts police and society, and authority to take care of him. and i need him to be able to go to a police officer if somebody is following him home from kindergarten and feel comfortable running to a police officer, trusting that. so i don't want to violate the trust but i do, at some point, want him to have it awareness that his childhood understanding of fair and unfair and what it means to have power only get the expanse from society and not trying to deny him that information, i don't have that head of the saddest grows older.

but you can have awareness and not avoid the topic. >> friday night, when the video came out, my nine year old and i were out together. we do on the car, and we turn on the car cnn was on and we could hear the audio. some of the worst of it, so that split second what i have to decide like -- he says what is happening? so i just end up saying i'm just i would happened. we talk to the news of it. they had some questions and it was the car for 25 minutes or so and we had what i think was a good conversation about it? he's nine, false news, he's paying attention to the world. i something was what i hear about it anyway. and so i want to talk about it but i thought and i knew at the time and what was happening and then the being the conversation. but i'll be honest i'm where

that he heard the audio and it's like on his mind and to your point, you know, we want children to believe that something's happening to them. they are in authority figure that they can turn to. you don't want to miss truss all the authority figures that might be in our society, or in their life. if they witness something happening. or something's happening to them. so it is worrisome and i second guess myself since it happened. should i have just like that, oh, it's an old story. i basically told not to wear? >> also glad that we're talk about this, and hearing this, that middle did you choose the path of awareness without showing him graphic video. but that this is a type of conversation and our generational young what people need to have that i am tapping into a history of black families having to have a different type of conversation about the black swans about driving. so the video and audio, painful an awful as it is, is showing all of us collectively and

society that all these stories have been true, it is still happening, we are talking about anyone younger years being aware broadly king in that video. that here i could have a similar conversation with my son and i just don't know that i can tell them what a change in this process. really important, might have not seen it. the added the mention of talking at least being black officers. i'm not sure how the little mountain air with what they have learned about race in america. and what they have learned about power in this country. when you keep this conversation going. they're also very big developments into cases. to legal cases perhaps farmer comfortable to tell outraged about which is quite telling. they've all former president trump and they both involve testimony or gradually. we'll explain, next.

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search former president trump's properties classified documents have testified before a federal grand jury. the two found classified material inside a florida storage facility and as far south cnn they testified for about three hours each. that as the new york times is reporting that the manhattan da has begin presenting -- about the former presidents role in playing hush money to stormy daniels 2016. here to discuss, cnn political commentator scott jennings, former white house senior director media hut, and defense attorney and prosecutor shine who was ribbed me as well. let me begin with the grand jury in panel talk about these issues. is there one that sticks out in your mind as creating a greater leaguer legal peril? >> absolutely. >> which to our we -- [laughter] one of the ones we talked about.

>> i would say that, to me it's a little bit of a frustrating exercise for stormy daniels just servicing -- >> right, seven years. later from all the reporting it looks like the justice department meddled in that. frankly, i feel like albert should've continued to pursue the other drug charges since the former da, as well as his career prosecutors, and those closest to the case hopefully should. but he seems more emboldened now to do that. i think it's a very simple case, really, i don't know what the holdup would be. so i think if he chooses to go forward on the hush money case that should be -- >> the irony of this is that the president, former president trump for the campaign events of 2016. of course stormy daniels back venues, could forever getting another ten minutes of the public eye after this. but it is that idea of what is oldest weekend, it hasn't

changed, some of the messaging was still the same. trump still angry and they're so the possibility of an affair, and hush money, and it just hasn't changed and we are all tired. >> hasn't changed what? the coach of republicans towards him the idea that this is even part of the conversation. there's 67 years later we're still having a similar conversation. it is déjà vu, and these cases were not resolved. so we may have resolved it, emotionally, and politically, of trying to move on. but the look on the legal system saying with the interference or just a slow wheel justice it's all bring this back right at this political moment where we're considering what the future of our country should look like. michael cohen might feel like it's fast with address on these issues. your point is not lost. but we have a lot of people who are thinking of all the thing that donald trump, the former president. where disincentivizing them for

the main them from the ranks. no one seems to be putting them on the political common to do anything proactive to make that happen. >> i think desantis, governor of florida, appears to me like he's going to run. and of all the possible opponents he's clearly and by far the strongest. i want to know? exactly how these legal issues are going to affect trumps standing but i know there are lot of republicans out there who ready to move on, they're just looking for the next week that. desantis click affair best. on the story dial business, a, i thought thought the second we talk to our children about be, i think the idea -- >> it could be. i don't know if you talk to kids about. i don't know kind of time the birds in the beast comes up. >> the idea that he would be indicted while all these things happen to this guy, the idea that he would be indicted, this as opposed to overthrown the u.s. government. trying or, whatever.

to me, it is so trivial. i'm not to say, maybe but i don't know. it strikes me that the georgia case, serious case. the january six case is a serious, serious things that we all were horrified by. this thing here, i mean, we are talking about stormy daniels. natalie the manhattan da's gonna say we got him now. >> on what? it makes no sense to me. >> have you ever heard of the fridge the straw that breaks the camels back? >> it's gonna seem ridiculous to people when the other ones aren't. when the other ones aren't. >> because it's easier to proof. so in terms of holding accountable, flames on, really easy to proof. >> for what? >> campaign finance. >> it is for a crime that has actually toppled other governments and other democratic countries. it is corruption, it is paying people off, bribery and we have

just lost perspective with, as you said, all the other bad things that happened that happen out there. that this does seem trivial, because it was not that long ago that we were upset, and horrified, when presidents just stepped out of their marriage. let alone actually involved other endeavors. >> i gotta tell you, god remember not telling about our reporting of how the manhattan da's office did not want a particular book published because i want to have it more of an ongoing investigation. we all thought, was the ongoing investigation? why not? at the wear than some more information about that tonight. but, scott, that was easier to talk about deer. gets but >> i don't to be in your house tonight. but she is a noted director, thank you very much. a car plunging some 250 feet off of a cliff on the california coast, and all four family members survived. but, prosecutors allege that the driver did it on purpose

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eating is believing steph. the subway series. try subway's tastiest menu upgrade yet. tonight, a california man is facing three counts of attempted murder. prosecutors allege that 41-year-old start meshed patel intentionally drove his wife and two young children off a 250 foot cliff on a stretch of coastal highway south of san francisco, just earlier this month. astonishingly, everyone in the car survived. for more on the story join mile busing in correspondent, veronica miracle. veronica, what's the latest you are learning tonight about what is really a truly shocking case? >> it is very disturbing,

laura. the district tierney says they, in, fact have enough evidence to believe that dharmi patel deliberately tried to kill his own wife, and children, when he drove hundreds of feet off of that cliff. when this first happened, or spotter said it was nothing short of a miracle that all four family members survived. and, you can see in that video, it speaks for itself. the car is hardly recognizable. but that was in court today he has been charged with three counts of attempted murder. to those counts enhanced with domestic violence charges. and, when he was in court today found middle district attorney said that they don't have enough evidence, exactly, or excuse me. they currently, at this time, we're not able to share with us exactly what the motive was. but they were able to share with us exactly what that evidence was. take a listen? >> i would put in a couple categories. number one would be eyewitness testimony. the people that are driving

behind him was just driving it wasn't are good detail but the vehicles movements. the lack of brake lights, things of that nature. then, number two. on the timeline toes tunnel. there is where there are cameras on that. and we have video showing the movement of the car as it went after the tunnel, up the hill, turn off the road, and then turns go down the cliff. and patel just got out of the hospital on friday. that is why he was in court today, laura? >> the da said that they haven't spoke with the suspects white yet, veronica. what we know about the condition of his family, including his children? >> the district attorney did tell us that the wife was seriously injured but she has since been out of the hospital for a couple of weeks. the seven-year-old child also had injuries, but is recovering. and that for your child, incredibly, was not injured. but the district attorney has said that a couple of weeks ago, the wife's attorney contacted

prosecutors and said, until she is physically able to speak to investigators. she does not want to do any kind of interview. so that still has not happened yet, laura? >> thank you veronica. i want to bring in ocean will, and river martin who is back with us. shannon, the da is saying that this is being treated as a domestic violence case as well. how that impact this investigation? >> domestic violence cases i think the testament of the wife is going to be critical. obviously there's a children involved to. it's a very delicate situation, as you know, you have that child specialist. and, as a prosecutor, you don't really want to have those children be testifying against their father. i was taken aback at some of the reporting i saw. where the judge did not grant a full no contact quarter against the defendant in this case. which i think was a very odd situation. but i think the wife's testimony will be really critical. and all the speculation about

voting. but as a da alluded to, you would have evidence without the voting. domestic violence cases can be so volatile and leading to what we have seen here i just wonder, does a surprise you they have not yet spoken to the wife, or gotten her before a grand jury of some kind or interviewed yet? >> it really doesn't, laura. given the significance of this accident. or what she's saying, is an intentional effort to kill her, and her children. and there is some reporting out there that she told the paramedics, as they were taking her out that car, and lifting her off that cliff that it was intentional. so, i think that statement that she apparently gave to those first responders is playing into the prosecutor's decision to charge the husband with attempted murder with the enhancement for domestic violence. i think, basically. i think it is very logical for the prosecutor to wait until she is better. so she is recovering. until she's able to give a full statement. it's such a tragic case, but we

know lore, often women die as a result of domestic violence. we have seen these cases before, in this case, if it wasn't intentional act on the part of this husband. it would've been an attempt at a murder suicide because he to would've died if his plan, again, if it wasn't intentional plan. if this plan had not had been carried out. because people don't recover from going off a cliff to hundred and 50,000 feet. i think georgia 50 feet away this car went down. >> thank god they also five. that is a four-year-old, and a seven-year-old. just think about what that must be like for trying to process it, let alone the wife looking to continue to cover this really important case. thank you both. >> well, there is freezing rain and snow impacting a huge swath of our country. with winter weather advisories all the way from texas, all the way to west virginia. and it is leading to dangerous

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major winter storm is bearing down to the south. bringing a mix of freezing rain, sleet, ice, snow, and bitter cold. 38 million americans feeling the storms impact with treacherous roads and flight cancellations. in texas, for, example driving in and around the dallas area was slow and dangerous. light freezing precipitation creating an icy glaze on road surfaces causing scores of accidents. and more than 1000 flights were

canceled due to the storm. crews and dallas spent the day the icing planes. flightaware, that flight tracking service? reports that in addition to all those cancellations, more than 4000 flights were delayed nationwide. the winter storms expected to move northward into the mid-headline ticks states. while, tyre nichols, given thousands of commands that we're confusing. there were contradictory, frankly, impossible to follow. we'll break it down for you, next. . it helping them achieve financial freedom. we're investing for our clients in the p projects that power our economy. from the plains to the coasts, we help americans invest for their future. and help communities thrive.

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there's more fallout tonight

the fatal police -- the police department firing three in placing the medics and driver failed to properly assess nichols when they arrived on that scene. it's coming as officials confirmed that two more memphis police officers were also relieved of duty. that is the phrase they've used. at the top of the five other officers they were fired, and charge with secondary murder among other crimes in nichols death. what brennan darnell hartman. he's the former head of intelligence, the d.c. homeland security department. also here with us, ron johnson. retired captain of missouri state highway patrol. and former incident commander at ferguson missouri. glance have both of you here today. thank you for joining us. i will begin with, you know, because there's a new york times analysis, that was particularly interested in.