again. it's a very meaningful passage. thank you for sharing. >> when i read that final note you wrote in this book, i began to tear up myself because it brought so many memories back not only of your dad but of growing up in buffalo and learning what we all learn. congratulations, and i know your book is now already a "new york times" best-seller. keep up the great work. we're very proud of you. >> i appreciate it. thank you so much for having me. go bills. >> go bills indeed, let's hope. and, to our viewers, thanks very much for watching. i'm wolf blitzer in "the situation room." you can always follow me on twitter and instagram @wolfblitzer. you can tweet the show @cnnsitroom. "erin burnett outfront" starts "erin burnett outfront" starts right now. -- captions by vitac -- www.vitac.com "outfront" next, russians

retreating. video from the front lines tonight showing putin's soldiers abandoning their posts. we'll show you this new video. ukraine pushing russia back from a key city. we're going to go to the front lines tonight. and desantis tonight picking up nearly 40 new endorsements. i'm going to talk to one gop donor who just met with him. will he back him over trump or not? and. new details tonight about the utah mother who wrote a children's book grieving her husband, is now charged with his murder. the attorney for the victim's family is my guest. let's go "outfront." and good evening. i'm erin burnett. "outfront" tonight, russians on t run. just look at these dramatic new pictures. literally they're running. this is near bakhmut. you're looking at what appeared to be russian forces retreating. these are about a dozen or so as they're just running along that wooded area scrambling to safety. they're being attacked in this video from above. as i said, they are near the key city of bakhmut. that's where putin, of course, is essentially focused his entire force for more than eight

months and now you see a hasty retreat like this. we also have video of russian heavily armored vehicles pulling out of the area. in fact, the head of russia's private army, yevgeny prigozhin, is openly claiming that putin's forces are losing ground. it's not just the video. you have prigozhin saying it. and he's tearing into putin's generals to blame them. >> translator: the flanks are crumbling and the front line is failing. and the defense ministry's attempts to smooth over the situation somehow in the media space are leading and will lead to a global tragedy for russia. >> and you're hearing that from the head of putin's private army, not the ukrainian side? it's pretty incredible to understand what's going on here. in a moment we're going to take you to those front lines because this is all coming as there are more signs ukrainian's highly

anticipated counteroffensive is about to begin. these pictures here are just after the strike. you see the thick black smoke billowing over luhansk. this is a city that has not been under attack really at all over the past year. it's been occupied by russia, and it has been solidly occupied by russia and it has been too far for ukraine to strike. first, what it hit in luhansk, an important hub for russia's military operation. and, secondy, it is not on the front line, so it could be ukraine showing off newly acquired missiles with a longer range. the missiles, we understand, may have been launched from the kramatorsk area, which would mean they traveled about 80 miles. just to be very clear, that is a bigger range than any range that ukraine has. those missiles can go up to 155 miles. so if they're already in

ukrainian hands, if that is true, that puts all of russia's occupied areas within striking distance now that. includes crime era, where russia, of course, has dozens of military facilities. the russian black sea fleet, training grounds, fuel stations, ammunition depots and even radar for air defense systems. a red line for putin now in striking range. and this strike in luhansk coming as we're also learning of another strike in the russian occupied area in the city of melitopol. the blast taking out power to a number of neighborhoods. nic robertson is "outfront" live in eastern ukraine. what is the latest on the ground where you are? >> reporter: yeah, this evening we have noticed missiles flying towards bakhmut. there's also been heavy fire coming in from russia along the eastern front, s-300 surface-to-air missiles hitting this town and another town not

far away. also close to relatively close to bakhmut. not clear what russia is doing, but what the kremlin announced today, they, like prigozhin, now admit that they are losing ground in bakhmut. we went in there with ukrainian forces to take a look at their gains. >> reporter: amid shell-smashed trees, ukrainian troops figure out how to get us close to their new hard-won gains around bakhmut. go behind me, distance five meters. how far from the russian lines here? >> 800, 900. >> meters. >> what lessons here about a much-anticipated bigger ukraine counteroffensive. >> you can see here how the ground is drying out, how wet it was before, and how hard it would be for the armored vehicles to get through.

battlefield is changing. now summer's coming. and that's everything for the counteroffensive. so we have to go a bit faster here because they take a lot of incoming fire here. if not for the war, it would be a lovely walk. little cover here from shelling. just come in here because we heard a drone above so we've got some cover. they won't see us down here. getting closer, closer to the russian lines. >> reporter: this trench one of several and a new mine field positioned to block russian troops about 600 meters away from a counterattack out of sight north and south of here, more ukrainian troops advancing,

building on the recent gains here. ukraine's western allies say that shaping operations for the big counteroffensive are already underway. commanders here won't say if this is part of that counteroffensive. but the gains they've had around bakhmut are a huge morale boost for ukrainian troops. how does it feel to be in the battle now and to actually, after all this time, take in more territory? >> i love it because i'm with my family. >> reporter: but success. mounting russian atrocities, fueling anger. >> we all just want to take our territory back and kill maximum possible russians we can. >> reporter: do you think that the russians understand that? >> no, i don't think so. they are going to get killed, all of them. >> reporter: it's going to be a tough fight for you then. >> yeah, also. but we are ready for this. it's our land.

>> reporter: as we leave, there are more explosions. then this. we don't ask, we just run and keep running. we're hearing a drone so we're running. they've got their armored troop transporter ready. getting back in now, drones overhead, more artillery coming. it's ancient soviet equipment, more modern nato armor busy elsewhere on the battlefield. and that's where the fight is tonight. that armor that's busy on the battlefield. and we've seen a lot of it in this area. so there's a lot more for the ukrainians to put into this fight if they want to. they are trying to push, if you will, sort of north and south of that area they've already taken to extend their front line. and so far it seems to be working. but commanders here are very

tight-lipped about how much success they can have. and they know that it took the russians months to fight through bakhmut. they don't believe themselves that they necessarily want to take the whole city back. will they go around it? is this part of the bigger counteroffensive? at the moment we don't know. the bit we do know, that fight in and around bakhmut is underway tonight. >> all right, nic, thank you very much. just incredibl you walking there, see those trenches. i want to bring in a longtime putin critic who is wanted in russia, was once the country's largest foreign investor. also the author of "freezing order." so, bill, it's good to see you again. you hear yevgeny prigozhin, the front line is failing, the flanks are crumbling. the russians are admitting that they have lost ground near bakhmut. what do you think this is going to putin's mindset right now, that these admissions are actually happening? >> i think putin must be sitting

in his bunker furious and frustrated and not knowing what to do, because none of this, in his mind, none of this should have ever happened. he thought he was going to win this war in three days, that zelenskyy would hop on an american helicopter and the war would be over. and here he is more than a year afterwards he's lost more than 200,000 troops. all their tanks have been destroyed. his generals were fighting with each other. this is just a quagmire of massive proportions for him. >> the infighting that we've seen, the wagner chief, when he says the front lines are failing, he also went on to blame the former military generals. he controls the private army. so, the kremlin tries to deny that there is this fight going on. but dmitry peskov basically admitted it today, that it was an emotional situation, that there's unity among the forces. i'm sure you don't buy that. i'm curious if you do. what do you make of his

admission that there's a situation, an emotional situation even going on? >> well, it's undeniable. there are these videos floating around out there where you have this monstrous man prigozhin, like, wagging his finger in front of dead bodies. you can't deny it. and, by the way, so the russians always lie. they couldn't lie about this in front of everyone's face. it must be a hundred times worse than even what we can see on television if they're admitting it. >> it is amazing they were admitting it. so we saw that huge explosion in the russian occupied city of luhansk. it's been too far. now suddenly we see this. russian military bloggers are suggesting it could be those storm shadow missiles that we just learned the uk with going to be providing. we are starting to see strikes like this. do you think these new capabilities from ukraine with missiles like these storm shadows will change putin's calculation now that they are seeing strikes in what were

safely controlled russian areas? >> it's a total game changer. in the early days of the war. so what did the russians then took them a hundred or 90 miles out, and basically if -- i don't believe that the latest explosion was the british lock long-range missiles. but when the british do get them there, the russians will have no place to put their stuff. they'll have no logistics. they'll have no ammunition store piles within the ukrainian territory because anything can be hit. and when that happens, the ukrainians have a huge opportunity to push the russians out. >> we're going to start to see what this really means when you start seeing strikes in a place like crimea. that starts happening. we simply don't know what the reaction there could be. now, the context here for putin

is his domestic enemies are in prison. obviously alexei navalny said he was transferred again yesterday to a punishment cell again. his daughter told cnn recently her father's been deprived of food. your close friend vladimir kara-murza. >> he was sentenced to 25 years in jail, which is the longest sentence for any political prisoner in russia. he's not in good shape. he was poisoned twice. they tried to kill him in 2015 in 2017 they used nerve agents on him. he's lost the sensation in his feet. he can no longer feel his left arm. in my opinion, the 25-year sentence is a death sentence. he might not even survive five years, certainly not 25 years. and, so, we've got to do everything possible to get him out of that prison. >> so the kremlin declined today to comment on some new cnn reporting that the biden

administration is right now looking for prisoners around the world in any allied country that they could try to come up with some deal to free some people. obviously kara-murza notably was not on that list. this would have been evan gershkovich and paul whelan. do you think putin wants to make a deal? >> putin took gershkovich as a hostage as basically as a trading chip for after brittney griner was swapped for viktor bout, putin got a taste for the value of hostages. so they took a "wall street journal" reporter that's high-value hostage-taking. so putin wants to do one of these deals. but he wants to humiliate us with one of these deals. he wants to get unreasonable terms for these deals. we've to be careful about all this stuff because the moment you do a deal like what was done with brittney griner, it kind of opens up the flood gates for them to take more hostages. >> once brittney griner went home, was go get evan

gershkovich. >> what we don't want to do is give them the sense that every time they want something, they take a hostage. and, so, it's a very delicate game. >> bill, thank you very much, always good to see you. and, next, 10,000 migrants right now waiting on the mexican side of the border with the u.s. southern border. and that's just at one city. we're going to go live along the border, next. plus, a new report tonight that team desantis believes that once the florida governor enters the race, republicans will drop trump and back the florida governor is that? real or wishful thinking? a republican donor who just met with desantis is "outfront." i'll tell you about the meeting. and the u.s. marine who placed a homeless man in a deadly choke hold on a new york city subway surrenders to authorities. what the victim's famimily is saying tonight. postmenopausal womomen with hr+ her2- metastatic breast cancer are living longer with kisqali. so, long live family time.

and long live you. kisqali is a pill proven to help women live longer whenaken with an aromatase inhibitor. and kisqali helps preserve quality of life. so you're not just living, you're living well. kisqali can cause lung problems or an abnormal heartbeat which can lead to death. it can cause serious skin reactions, liver problems, and low white blood cell counts that may result in severe infections. avoid grapefruit during treatment. tell your doctor right away if you have new or worsening symptoms, including breathing problems, cough, chest pain, a change in your heartbeat, dizziness, yellowing of the skin or eyes, dark urine, tiredness, loss of appetite, abdomen pain, bleeding, bruising, fever, chills, or other symptoms of an infection, a severe or worsening rash, are or plan to become pregnant, or breastfeeding. long live hugs and kisses. ask about kisqali. and long live life. ♪ they need their lawn back fast and you need scotts turf builder rapid grass. it grows grass 2 times faster than just seed alone. giving you a stronger lawn.

smell that freedom, eh? pick up a bag at lowe's today. feed your lawn. feed it. the real secret to success? better sleep. purple is different. soft and firm, in all your right places. the gelflex grid keeps you cool, while sleep does it's scientifically proven thing. rise sharper, happier, an overnight success. (vo) if you've had thyroid eye disease for years and you can't get any shut eye because you can't shut your eyes, it's not too late for another treatment option. to learn more visit treatted.com. that's treatt-e-d.com. at adp, we understand business today looks nothing like it did yesterday. while it's more unpredictable, its possibilities are endless. from paying your people from anywhere to supporting your talent everywhere, we use data driven insights to design hr solutions and services to help businesses of all size work smarter today. so, they can have more success tomorrow.

♪ one thing leads to another ♪ when i was diagnosed with h-i-v, i didn't know who i would be. but here i am... being me. keep being you... and ask your healthcare provider about the number one prescribed h-i-v treatment, biktarvy. biktarvy is a complete, one-pill, once-a-day treatment used for h-i-v in many people whether you're 18 or 80. with one small pill, biktarvy fights h-i-v to help you get to undetectable—and stay there whether you're just starting or replacing your current treatment. research shows that taking h-i-v treatment as prescribed and getting to and staying undetectable prevents transmitting h-i-v through sex. serious side effects can occur, including kidney problems and kidney failure. rare, life-threatening side effects include a buildup of lactic acid and liver problems. do not take biktarvy if you take dofetilide or rifampin. tell your healthcare provider about all the medicines and supplements you take, if you are pregnant or breastfeeding, or if you have kidney or liver problems, including hepatitis. if you have hepatitis b do not stop taking biktarvy without talking to your healthcare provider. common side effects were diarrhea, nausea,

and headache. no matter where life takes you, biktarvy can go with you. talk to your healthcare provider today. tonight, at least 10,000 migrants waiting in ciudad juarez with no idea of when they may be able to enter the united states. it comes as u.s. officials report very few signs of the chaos that many predicted would come with the lifting of title 42. the mayor of el paso saying there's not been a surge of migrants to the city during that time. a texas-based aid organization says it has assisted only one bus load of people, fewer than

last week. david, you have been there in the weeks leading up to this. what more can you tell us? >> reporter: erin, we are seeing a rapid acceleration in the processing of the migrants, at least at this portion of the border wall. it's always better, though, to see this from above. let me show you from the grown as we take you a little bit closer. there are three big dumpsters full of people's personal belongings. those are what the migrants have tossed in that they can't bring with them. a handful of migrants remain yet to be processed. as you look down, you can see the number of law enforcement and texas national guard, well, far greater than the number of migrants left to be processed. that's a big change from how this day started. sunrise over the u.s. southern border, we watch as u.s.

officials process a dwindling number of migrants technically already on u.s. soil, though not yet through the border wall. title 42 no longer. title 8, now back in full effect, giving these migrants the right to claim asylum. but those who fail to qualify risk being banned from entering the u.s. for at least five years. on this spot days earlier, more than a thousand migrants camped out. most of them had illegally crossed the barbed wire and battled brutal conditions, the night's cold and the day's scorching sun and heat. water and food, scarce. those arriving friday disappointed and turned away. these migrants who had tried to cross into the u.s. but now here they are realizing that texas national guard, texas state troopers, along with cbp will not let them through the barbed wire fencing any longer. and so they're coming back to the mexico side.

in ciudad juarez alone, they estimate some 10,000 migrants are still waiting to cross. b many of them living in sidewalk encampments and shelters like this one where we find a familiar face. we recognize him from being on the train. he said from that train they came here to the shelter. >> reporter: two days before, we met jose, his 15-year-old daughter daisy, and 23-year-old son roberto on board a freight train carrying migrants into ciudad juarez. the mesa family fled honduras. he left behind two kids who got sick along the journey. he is saying that as of now they just want to take a beat, if you will, pause a little bit because they're noticing a lot of people are trying to cross and, yet, a lot of people are coming back. i said, what are you going to do the meantime. he said, wait.

>> reporter: this person from venezuela has been in mexico for eight months. three weeks ago he tried to enter the u.s. under title 42 but was immediately expelled. he, like so many, saying the same thing, they want to do it legally, they want to do it the right way, but ultimately he says he's going to leave it in god's hands. the shelter director says most here want to cross legally and spend their mornings trying to get an asylum appointment. [ speaking non-english ] he said they've seen this coming now going back at least six months. and he said the reality as he sees it is the u.s. hasn't been very prepared for this moment. >> reporter: 77 people including families with little kids staying here for now. the pastor says that's down from when we visited late last year when some 150 crammed in. but he expects migrants will continue to come. driving back to the desert

landscape along the border wall down a sandy and rocky road, we find more activity across the river. one by one, u.s. officials call for the remaining group of single men, the migrants toss excess clothing in a dumpster and spread their hands against a fence. u.s. law enforcement search them. they then board a bus. some will continue into the u.s. others likely to be sent back to this side of the river, mexico. determined to find another way across. >> it is amazing to see that. i know you're talking about some people turning around. but one man that you talked to said he's going to wait there until things calm down. and how would that work, and how many other people do you sense are going to do that, are just going to wait and bide their time? >> reporter: right. so that's a pretty widely held approach, who are among the 10,000 here and are not yet

trying to go across. they assume that perhaps the ways that the u.s. is set up to go across legally might work for them. they're willing to give it a few weeks. but after that, erin, i think we're going to come to a point where they're frustrated if they haven't gotten approved and they're going to figure out other way as cross. they are determined to do so and they say they'll do it the legal way, the right way, or undetected and get over. >> well, obviously, as you point out, this is going to be something that isn't a one-day thing. we're going to see this over the next few weeks here and coming into the summer. thank you so much. next, ron desantis about to rally supporters. he is poised to finally join the presidential race in just weeks i'm going to speak to a longtime republican donor who just met with desantis. will he back the florida governor? plus, a former marine surrendering to face a criminal charge after putting a homeless man in a deadly chokehold on a new york city subway. the victim's family, though, is demanding more. that's it.

miracle-gro. all you need to know to grow. if you care about clean air, you should know president biden's infrastructure laws are reducing pollution and creating clean energy jobs. more solar. moreind. tell joe biden to keep working for more jobs and less pollution. this is going to be great. taking the shawl off. okay i did it. is he looking at my hairline? my joint pain isn't too bad. well, it wasn't this morning. i hope i can get through this. is plaque psoriasis or psoriatic arthritis making you rethink your everyday choices? otezla is a pill, not a cream or injection that can help people with plaque psoriasis achieve clearer skin. otezla is also proven to reduce joint swelling, tenderness, and pain in psoriatic arthritis. and no routine blood tests required. don't use otezla if you're allergic to it. serious allergic reactions can happen. otezla may cause severe diarrhea, nausea, or vomiting. some people taking otezla had depression,

suicidal thoughts, or weight loss. upper respiratory tract infection and headache may occur. doctors have been prescribing otezla for over 8 years. i'm so glad i made it through the day. ♪ don't hesitate. ask your doctor about otezla today. wake up, achievers. you're making the most of every hour of your life. except the hours that you're sleeping. so why do we leave so much untapped potential on the table? this is a next level bed, for a next level you. my circadian rhythm is kicking your circadian rhythm's butt! it's not a competition. i know, but i'm still winning! so, it is a competition. of course. save 50% on the sleep number limited edition smart bed. plus, free home delivery when you add an adjustable base. only at sleep number.

tonight, trump versus desantis. the rivals holding dueling events in iowa tomorrow. it comes as politico "'s jonathan martin reports team desantis feels confident that republicans will start ditching trump once desantis enters the race. the major donor network has walked from trump. they're looking for new leadership. and 85% of them are waiting for desantis. i'm going to speak to a republican donor who just met with desantis in just a moment. but, first, jeff zeleny is "outfront" with this report. >> reporter: former president donald trump is already looking ahead to the general election

and a second term. >> let's just win it again and straighten out our country. >> reporter: but before any of that, he must first get through a republican primary and a fresh field of challengers, including florida governor ron desantis. >> is this trump country or what? >> reporter: after circling one another for months, the two rivals are headed toward a showdown tomorrow in iowa where republicans will kick off voting in the presidential contest early next year. >> we must reject the culture of losing that has infected our party. >> reporter: desantis is poised to finally join the race in early june, advisers tell cnn, on a pledge to help the gop start winning again. >> but if we let the election be about anything else and let biden skate by with no accountability, republicans will lose. >> reporter: the question is whether he can prove he's the right man for the job. since his maiden voyage in iowa two months ago, lofty expectations for his candidacy have leveled off. and trump has consolidated early support from many republicans as

he works to take command of the race. >> i'm leading desanctimonious by a lot. i think he ought to just relax and take it easy and think about the future because right now his future's not looking so good. >> reporter: republican voters will have the final say, of course, at the end, not the beginning of the race, that is still taking shape. yet, already a new season of attack ads is underway, with allies of trump and desantis engaged in an extraordinary exchange of insults and accusations. ron desantis loves sticking his fingers where they don't belong. and we're not just talking about pudding. desantis has his dirty fingers all over senior entitlements, like cutting medicare. >> reporter: at issue is a debate over reforming social security and medicare, emerging once again as a central issue and scare tactic in the 2024 campaign. >> trump should fight democrats, not lie about governor desantis. what happened to donald trump? >> reporter: after signing a flurry of new laws at the end of florida's legislative session, desantis is holding up his

deeply conservative record on education, abortion, and more. delighting supporters and alarming critics. >> bold leadership and an assertive agenda can beat the left. and we have beaten the left. >> reporter: for many republicans, the florida governor has stood as a beacon of hope for those who admire trump but are eager to move on. it challenges whether he can become the candidate many republicans have been waiting for. desantis does face that urgent challenge of trying to make the case that he is still very much in this race, even though he is not formally announced and we are at the beginning stages. this race is still taking shape. but he is going to try and make that argument by rolling out the endorsements of some 37 iowa lawmakers on saturday when he's visiting the state making two stops. donald trump, for his part, we are told, is also going to have a slew of endorsements tomorrow. but, erin, all you need to know about the dynamic between the two men here is the fact that

donald trump announced his trip after he learned that ron desantis would be in iowa. so he clearly wants to troll him or bracket him or maybe keep his eye on him. >> jeff, thank you very much. so let's go now to longtime republican donor david eberhart, and david axelrod. dan, you're with me here in person, but i know you just met with governor desantis in florida, as you've been looking to make a decision here. so, what did you take away from being with him? >> look, i think he's accomplished an awful lot as governor of florida. and i think he seems close to ready to do this. i think the republican party and ultimately the country needs, you know, better leadership, fresh leadership, and a new direction. i think he's the guy to do it. >> so you didn't walk away saying he wouldn't meet my eyes. you felt that -- it was a good meeting? >> i think it was a good meeting. and i think he's very engaged and very affable, and in a good

place to do this. >> so, david, do you agree with the desantis -- his group is telling that when desantis jumps in the race, donors and voters are going to ditch trump. and forget all these bad things we've been hearing about desantis lately, they think this will change. do you think that's true? >> not exactly. no, i think trump has a very implacable base. how big it is, is the subject of debate. in iowa i spoke to an iowa republican today who said he thought in iowa it was somewhere between 33 and 40%. what desantis wants to do is call us the rest of it, you know, behind him. and that's a challenge. and i don't think it's just going to float at him, you know, like turning on a light switch. in presidential politics, you have to earn those things. and the thing that he's going to find challenging i think is that

unlike any other office you run for, you get like 360-degree scan. people really look at you as a human being. and that's going to be a test. he's going to be at a picnic in iowa tomorrow. and the way he interacts with people there may be as important as any speech he makes. it's not just about saying here are my legislative accomplishments, and there are other candidates out there who are trying to win the hearts and minds of these candidates. so, he's got work to do to coalesce all of the nontrump voters behind him, especially at a time when he's really tacking to the right trying to offer himself as kind of trump without the crazy. >> right. so, dan, you're excited to back him, a gop donor. billionaire donor cats mitis says this. >> i have a lot of florida

friends who helped him get elected and he hasn't returned any of their calls. look, he is who he is, he's a good american, but his people skills are very, very bad. and one friend of mine said he was sitting next to him at dinner, he never said one word. >> cats doesn't miss words. but the co-founder of blackstone mega donor met with desantis left unconvinced, his team's word, that he can win the white house. does any of this give you pause? because obviously you've reached a very different conclusion. >> i've seen him in person, i've seen in action. i saw him in the 2018 campaign. i think he's an affable person. he's made me laugh a couple times. but he's a serious person. and i think that -- >> i'm sort of laughing, he's made you laugh a couple times. >> that's not someone that kind of fits this description. but, to me, the most important thing is this is a two-person race and this is going to be between trump and governor

desantis. it's the real world, there's two people to choose from in the republican world. i think, in my opinion, voters are going to want to move forward, not backwards. >> so let me ask you, david, about the retail politics of this. you're talking about how crucial you think this iowa visit is, that this is hearts and minds, this is what really matters. another gop strategist said to "vanity fair" he doesn't do the warm and fuzzies well. do you need to do the warm and fuzzies well? i know trump infamously didn't want to hold a baby. but he had other things that entranced people, and then, obviously, he did become more physical with people over time. >> yeah. he didn't do particularly well in iowa. but, listen, we spent -- barack obama spent 87 days in iowa before the iowa caucuses. and really became familiar with the people of the state, knew people all over the state, knew their families, had connections with them, and so on.

that's not desantis' style. what dan's talking about is what the desantis plan really calls for. and, by the way, i thought it was really interesting that they're so concerned about this growing story that desantis is slipping that they invited jonathan martin into their inner sanctum to kind of show him the leg and make it clear that they have a plan. the plan is exactly what dan said, which is this is a two-person race. it's either him or trump, and trump is a disaster in a general election for the party. so you got to jump on board. i don't know if it's going to be that easy. and that will require the other candidates to fade away, and it will require desantis, yes, to develop relationships with voters in these early states and prove that he is a whole person and not just an ambitious political cutout. >> all right, well, thank you both very much.

this has been fascinating to see. next, a former u.s. marine turns himself in. he put another new york subway passenger in a deadly choke hold. more on what prosecutors are saying, tonight. plus, troubling new details emerging about a utah mother who wrote a children's book about grieving. she then ended up being charged with her husband's murder. the spokesperson for the victim's family is "outfront." (vo) if you've had thyroid eye disease for years and itchy eyes have you itching for a fight, it's not too late for another treatment option. to learn more visit treatted.com. that's trtt-e-d.com. if you're on medicare, you should know president biden has capped the cost of insulin at 35 dollars a month. 35 bucks. see how joe biden is helping more americans

afford the medicine they need. how to grow more vibrant flowers: step one: feed them with miracle-gro shake 'n feed. that's it. miracle-gro. all you need to know to grow. ♪ i have type 2 diabetes, ♪ ♪ but i manage it well. ♪ ♪ it's a little pill with a big story to tell. ♪ ♪ i take once-daily jardiance, ♪ ♪ at each day's staaart. ♪ ♪ as time went on it was easy to seee ♪ ♪ i'm lowering my a1c. ♪ jardiance works 24/7 in your body to flush out some sugar! and for adults with type 2 diabetes and known heart disease, jardiance can lower the risk of cardiovascular death, too. jardiance may cause serious side effects including ketoacidosis that may be fatal, dehydration, that can lead to sudden worsening of kidney function, and genital yeast or urinary tract infections. a rare, life-threatening bacterial infection in the skin of the perineum could occur.

stop taking jardiance and call your doctor right away if you have symptoms of this infection, ketoacidosis, or an allergic reaction, and don't take it if you're on dialysis. taking jardiance with a sulfonylurea or insulin may cause low blood sugar. ♪ jardiance is really swell, ♪ ♪ the little pill with a big story to tell. ♪ asking the right question can greatly impact your future. - are, are you qualified to do this? - what? - especially when it comes to your finances. - are you a certified financial planner™? - i'm a cfp® professional. - cfp® professionals are committed to acting in your best interest. that's why it's gotta be a cfp®.

rafael: they're called community schools. cecily: it's the hub of the neighborhood. grant: in addition to academic services, we look at serving the whole family. cecily: no two community schools are alike. john: many of our classes are designed around our own students' cultures. kenny: it's about working with the parents. david: the educators, the parents, the students. rafael: we all come together to better meet the needs of our kids and our families. jackie: it's been really powerful. terry: i'm excited to go to work every day. narrator: california's community schools: reimagining public education.

tonight, the former u.s. marine who placed a homeless man in a deadly choke hold on a new york city subway arrested and charged with second-degree manslaughter. the manhattan district attorney's office saying, defendant daniel penny continued holding jordan neely even after he stopped moving. neely's family saying they were, quote, overjoyed by penny's arrest but are demanding he be charged with murder. athena jones is "outfront." >> reporter: daniel penny, surrendering to face criminal charges in the death of homeless street performer jordan neely. >> he did so voluntarily and with the sort of dignity and integrity that is characteristic of his history of service to this grateful nation. >> reporter: the 24-year-old former marine, seen in a widely circulated video holding neely in a choke hold for several minutes on a new york subway on may 1st, now stands accused of second-degree manslaughter for recklessly causing his death. the manhattan district attorney's office bringing the

charge after numerous witness interviews, a review of photo and video footage and discussions with the medical examiner. the prosecutor telling the court, witnesses observed neely making threats and scaring passengers, saying, i don't mind going to jail and getting life in prison, and, i'm ready to die. before penny approached neely from behind and placed him in the choke hold, taking him down to the ground. when the train arrived at the next stop, penny continued to hold neely in the choke hold for several minutes. two other men helping to restrain his arms. at some point, mr. neely stopped moving. the defendant continued to hold mr. neely for a period and then released him. penny's lawyers argue he risked his own life and safety to protect himself and fellow new yorkers, resulting in the unintended and unforeseen death of mr. neely. adding, they are confident penny will be absolved of any wrongdoing once all the facts are known. lawyers for the neely family hailing penny's arrest. >> we're closer now to justice

than we were a week ago. because daniel penny has been arrested. >> reporter: even as they argued, he should be charged with murder. >> there was no attack, mr. neely did not attack anyone, he did not touch anyone, he did not hit anyone. but he was choked to death. and that can't stand. that can't be what we represent. >> reporter: neely had more than three dozen arrests, mostly from minor crimes including three incidents of assault on the subway. but there is no indication penny was aware of neely's history. the 30-year-old's killing sparked days of demonstrations in new york city. with protesters demanding penny's arrest. meanwhile, a legal defense fund set up by penny's supporters had raised more than $500,000 by friday afternoon. >> did you do it? >> reporter: now, prosecutors must prove their case.

before being released, daniel penny was ordered to turn over any passports he has within 48 hours. and he must seek permission from the state of new york if he wants to leave the state of new york. his next trial date -- next court date is set for july 17th. and he faces up to 15 years in prison if he's convicted. erin? >> all right, athena, thank you very much. and, tonight on "ac360," how does the neely family feel about the charges? the family's attorney will be with anderson at 8:00. we are learning new details about what was taking place just before a utah mother who wrote a book about grieving allegedly killed her husband. the spokesperson for the victim's family is next. plus, new details about the health of actor jamie foxx about mysterious medical complications sent him to the hospital. soso ie twice as much harvest. and that's it. miracle-gro performance organicscs. all you need to know to gro...organically.

the real secret to success? better sleep. purple is different. soft and firm, in all your right places. the gelflex grid keeps yocool, while sleep does it's sci. rise sharper, happier, an overnight success. (man) what if my type 2 diabetes takes over? (woman) what if all i do isn't enough? or what if i can do diabetes differently? (avo) now you can with once-weekly mounjaro. mounjaro helps your body regulate blood sugar, and mounjaro can help decrease how much food you eat. 3 out of 4 people reached an a1c of less than 7%. plus people taking mounjaro lost up to 25 pounds. mounjaro is not for people with type 1 diabetes or children. don't take mounjaro, if you're allergic to it, you or your family have medullary thyroid cancer, or multiple endocrine neoplasia syndrome type 2. stop mounjaro, and call your doctor right away, if you have

an allergic reaction, a lump or swelling in your neck, severe stomach pain, vision changes, or diabetic retinopathy. serious side effects may include pancreatitis and gallbladder problems. taking mounjaro with sulfonylurea or insulin raises low blood sugar risk. tell your doctor if you're nursing, pregnant, or plan to be. side effects include nausea, vomiting, and diarrhea which can cause dehydration and may worsen kidney problems. (woman) i can do diabetes differently with mounjaro. (avo) ask your doctor about once-weekly mounjaro. (water splashing) hey, dad... hum... what's the ocean like? ♪ are there animals living underwater? ♪ is the ocean warm? yeah, it can be very warm. ♪ you were made to remember some days forever. we were made to help you find the best way there. ♪

i told myself i was ok with my moderate to severe rheumatoid arthritis symptoms. with my psoriatic arthritis symptoms. but just ok isn't ok. and i was done settling. if you still have symptoms after a tnf blocker like humira or enbrel, rinvoq is different and may help. rinvoq is a once-daily pill that can dramatically relieve ra and psa symptoms, including fatigue for some. it can stop joint damage. and in psa, can leave skin clear or almost clear. rinvoq can lower your ability to fight infections, including tb. serious infections and blood clots, some fatal; cancers, including lymphoma and skin cancer; death, heart attack, stroke, and tears in the stomach or intestines occurred. people 50 and older with at least one heart disease risk factor have higher risks. don't take if allergic to rinvoq as serious reactions can occur. tell your doctor if you are or may become pregnant. done settling? ask your rheumatologist for rinvoq. and take back what's yours. learn how abbvie could help you save.

tonight the utah woman who wrote a children's book about fwreef after the death of her husband and has now been charged with his death was allegedly stealing money from him. now, this is according to a spokesperson for the family of kouri richins deceased husband.

she was arrested earl ier this week in his killing just days after going on a local television station -- days going on a television interview to talk about grieving his death. >> completely took us all by shock, and we have three little boys, 10, 9, and 6 and my kids and i kind of wrote this book on the different emotions and grieving processes that we've experienced. >> days later arrested with murdering him. it's incredible. greg is out front, the spokesperson for the family of eric richins. there's something about that watching that and then days later that person arrested for this crime. kouri richins dedicates the book to her husband, eric and talks about him in that interview days before her arrest. what do you think this was about? was the entire concept of the book, all of it part of a

cover-up? >> oh, yes. and of course, erin, it makes sense the best defense is a good offense, and if you're keeping the police and other family members sort of occupied on thinking that you're this good person writing a children's book, talking about your grief, they're not going to investigate the murder. and this was a murder, and the state has filed that. it took them a year to investigate it. it was a pretty long and drawn out process, but the state has put together what looks to be a pretty compelling case against her for murder and for drug possession, which resulted in his death. >> now -- so court documents as you talk about do detail years of red flags, two other suspected poisoning attempts included among them. a few years ago the family is on vacation. after his wife gives him a drink eric becomes violently ill, calling his sister saying he believed his wife tried to kill him. then another valentine's day of last year his wife brought him a

sandwich which after one bite broke into hives and eric couldn't breathe. these are significant things which if he thought he was being poisoned, i know you said he wanted to stay in this marriage for his children. did his family know about any of this? did they try to talk him into leaving? >> they did know about it, and he in fact alerted his family. and even right before the murder he was thinking more and more about getting a divorce. he told his family that he thought she was trying to kill him, and told his family and warned his family if something should happen to him she should be the first person investigated. i have to hand it to the man he tried to tough it out for the three boys she just talked about. he didn't want to lose them even if it was shared visitation or something. working towards saving the marriage but recognizing it was falling apart he struggled with that and ultimately wanted to be

the best father he could be. >> it's stunning. and do you know where are the boys now? are they okay? are they in good hands? >> they're in very, very good hands. the family is very comfortable with the family member taking care of them, and by all accounts they're happy and healthy and, you know, have a good life ahead of them. >> final question in terms of motive there are claims now she was stealing money from him for years before his death, it could have been more than $100,000 possibly. this is local tv report. do you know more about that? >> yeah, i mean, there are a lot of allegations that she had changed the beneficiary on his life insurance policy, that she'd attempted to change the beneficiary on the bisale agreement, the life insurance he had with his business partner, may have forged some documents with the home they were trying to purchase in the neighboring county they were looking to flip. and just some other things looking back made it appear that

she had a very big financial motive in this and that he was better off for her financially dead than divorced. >> well, thank you very much. i really appreciate your time. >> you bet. >> and i will say we did reach out to an attorney for kouri richins who said they have no comment. >> next a surprising twist in the health of actor jamie foxx. remember he'd been hospitalized after suffering what is a mysterious medical complication. . never lose y your edge. ♪ may lead to severe vision loss and if you're taking a multi-vitamin alone, you may be missing a critical piece... presvision. preservision areds 2 contains the only clinically proven nutrient forma recommendeby the national eye institute to help reduce the risk of moderate to advanced amd progression. preservision is backed by 20 years of clinical studies. so ask your doctor about adding preservision

and fill in a missing piece of your plan. like i did with preservision. now with ocusorb better absorbing nutrients. (fisher investments) it's easy to think that all money managers are pretty much the same, but at fisher investments we're clearly different. (other money manager) different how? you sell high commission investment products, right? (fisher investments) nope. fisher avoids them. (other money manager) well, you must earn commissions on trades. (fisher investments) never at fisher investments. (other money manager) ok, then you probably sneak in some hidden and layered fees. (fisher investments) no. we structure our fees so we do better when clients do better. that might be why most of our clients come from other money managers. at fisher investments, we're clearly different. how to grow delicious organic veggies. step one: use miracle-gro performance organics container mix. it's full of nutrient-charged raw materials so it's guaranteed to produce twice as much harvest. and that's it. miracle-gro performance organics. all you need to know to gro...organically. ♪ limu emu & doug ♪ what do we always say, son? liberty mutual customizes your car insurance... so you only pay for what you need.

that's my boy. now you get out there, and you make us proud, huh? ♪ bye, uncle limu. ♪ stay off the freeways! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ wake up, achievers. you're making the most of every hour of your life. except the hours that you're sleeping. so why do we leave so much untapped potential on the table? this is a next level bed, for a next level you. my circadian rhythm is kicking your circadian rhythm's butt! it's not a competition. i know, but i'm still winning! so, it is a competition. of course. save 50% on the sleep number limited edition smart bed. plus, free home delivery when you add an adjustable base. only at sleep number.

as a business owner, your bottom line is always top of mind. so start saving by switching to the mobile service designed for small business: comcast business mobile. flexible data plans mean you can get unlimited data or pay by the gig. all on the most reliable 5g network, with no line activation fees or term contracts... saving you up to 75% a year. and it's only available to comcast business internet customers. so boost your bottom line by switching today. comcast business. powering possibilities™.

tonight the mystery deepening about the health of actor jamie foxx. we're learning foxx is now out of the hospital. according to his daughter he's actually been out for weeks and played pickle ball yesterday. foxx was hospitaled a month ago in georgia where he was filming a movie. he's suffered what's been called, quote, a medical complication but no cause has been given. his daughter said due to quick care he was in recovery. but people thought he'd been in the hospital for a month so fans were very worried. it is proof, though, foxx has always lived a very private life despite being in the public eye. he reportedly dated actress

katie holmes for about six years but never once confirmed that relationship on the record. before we go tonight another exciting addition to the outfront family to talk about. our lawyer and his wife welcoming baby ema to their family. big brothers are thrilled they've got a new baby sister. and dad says they were squeeming with excitement when they got to see her for the first time. congratulations. we're so happy for you and your family. and thanks so much to all of you for joining us this friday. don't forget you can watch out front anywhere anytime on cnn go. have a great weekend. "ac 360" starts now. good evening, there's still concern tonight there may be migrants to cross the u.s. southern border after a pandemic heth policy known as title