tv Shepard Smith Reporting FOX News August 18, 2014 12:00pm-1:01pm PDT
12:00 pm
congrats. >> thank you for being part of a big news day on "the real story." "shepard smith reporting" live from the fox news deck. >> after nights of violence, national guard moves into ferguson, missouri, an effort to calm the anger in stay ripped apart by racial tension. this all began, of course, when a police officer killed an unarmed teenager. but we still have many questions about how the shooting happened. so, in moments we'll speak with man who helped perform the autopsy on that teen. plus in iraq, the battle for control of the country's largest dam. u.s. airstrikes targeting islamic fighters at the scene. but the whole area is reported wired with explosives and if it blows, it could be a catastrophe. let's get to it. >> first from the fox news deck this monday afternoon. we're now hearing the results
12:01 pm
from not one but two autopsies out today after the shooting of the unarmed black teenager bay police officer in ferguson, missouri. st. louis county investigators conducted one autopsy and the family of 18-year-old michael brown requested the other. both autopsies conclude the teenager was shot six to eight times, including the head. >> there are six bullets struck, and two may have re-entered, and three bullets were recovered at the first autopsy, according to our report. there were the two head wounds and the bullet in the chest, stayed in the body, and were removed at the first autopsy. >> the investigator there happens to be a fox news contributor, he is reviewed the occupancies of president john f. kennedy and dr. martin luther king, jr., and we learned attorney general eric holder ordered yet another autopsy, a federal medical examiner to
12:02 pm
proffer separate one on the 18-year-old's body. the third autopsy overall. missouri's governor, jay nixon, announced he will not impose a curfew tonight now that the national guard is in police. today the governor brought in the guard to, quote, restore peace and order, unquote. the news comes after violent protests erupted yet again. police firing tear gas to break up the crowds well before the midnight curfew. according to the missouri highway patrol three people were hurt in shootings, and police made at least seven or eight arrests. mike tobin has the late nest ferguson. what else did we learn from the medical examiner the family hired? >> reporter: what we learned, is that the results are consistent with the witness accounts that michael brown had his hand up when he was shot. they're also consistent with other witness accounts that the michael brown was charging at the officer when he was shot. >> could be consistent with his
12:03 pm
going forward or going backward, but from the front, and if he was shot going forward, he would collapse right away. the problem -- so, it's possible. a number of different possibilities. >> reporter: there are no wounds that would indicate a struggle with the officer. abrasions to the side of his face are don't with being shot, then following face first on to the pavement. no toxicology was done by the independent medical examination. that was done by the county. as far as a leak that there was marijuana in his system, neither the county medical examiner or the county prosecutor, who has the results, would con femur or deny. >> mike, stand by. there is breaking news now on fox news channel. we learned just seconds ago the president of the united states will deliver a statement to provide an update on iraq and the current situation in ferguson, missouri. that is coming up at the top of
12:04 pm
the hour, 4:00 eastern time. 3:00 central. fox news channel will have live coverage. back to mike tobin. no curfew tonight. what's the plan on crowd control? >> reporter: we can see two nights of curfew didn't work. the crowd is forming up and you have a police presence. what we have seen so far from captain ron johnson of the state police, he has made such an effort to embrace the people demonstrating out here and turn a sympathetic ear to their concerns, but still he has got to bring the heavy equipment out here every night. we saw it last night. the tear gas, heavy equipment, the rubber bullets, scenes they didn't want to see. governor jay nixon says it's all bat group of organized and growing number of individuals. you don't really see them during the day. the troublemakers. it seems that sometime later in the evening they infiltrate the crowd, and wait to make their move and it's almost palpable out here in the evening that point when the atmosphere turns
12:05 pm
from block party to anger and on opportunism. >> mike tobin live. joining us now, sean parcells, a forensic pathology aassistant. let's talk if we could about any differences between the report from the county medical examiner and the autopsy which you and dr. badden performed. >> yes, i believe that if i remember the reports correctly, the county medical examiner said that he -- that michael brown was shot six to eight times. and that would still be consistent with what we found because we're saying he was shot at least six times. and as i'd indicated at the press conference two of the wounds, the one here and the one to the lateral part of the chest over here, looked like those are re-entry wounds, or if we can
12:06 pm
confirm with the first occupancy -- first autopsy, they would be counted their own wound. >> i want to put this sketch we head -- put it on the wall over here elm want to ask you specific questions in the booth when you can do that, let me know. first -- actually, here it is. can we put it on the wall? i want to ask him about these specific wounds. this -- these are the two wounds you're speaking of here. what's this one on the top of thed? what does the location of it suggest to you about that wound? >> are you speak though run tuesday very top? >> that's right. >> the very top of the head, the apex wound, indicates that mr. brown was bending over or falling forward when that shot was received by him. and that would be consistent with the position that mr. brown was found in at the scene, being
12:07 pm
on the right side of his face, and that's why we said that those -- that shot was one of the last two shots for him to receive before he hit the ground. >> do you have a way to know, or have you reached a conclusion about, which wound might have been the fatal wound? >> the fatal wound is the one to the very top of the head or the apex. that is the one that went into the head and hit the brain and that would have caused death immediately. >> the most recent witness statements that have come together have suggested the following: there was some sort of scuffle. the teenager ran. the police officer began firing. the teenager stopped and turned and the officer continued to fire a number of shots. there's nothing about that statement that you can contradict with the autopsy which you performed. right? >> not -- no, there isn't. however, will say that on our
12:08 pm
side of the investigation, when we review witness statements, we want to make sure they're credible witnesses, which of course, mr. brown's family -- he attorneys hired by the family will be able to filter out and make sure that these witnesses are credible. solates just say that comes from a credible witness. -- so let's just say that comes from a credible witness that possible lay shot came from behind mr. brown as i'd indicated in the pressence, thee arm right here could have come from the back, as you're walking in a normal position, that part of your arm is exposed to your back, or it could have been consistent with mr. brown turning around and putting his hands up like this. and as you can see this part of the arm is now exposed towards you or could be he put his hands up like this in a defensive type manner. those are all pieces we still need to fit together after we get an opportunity to review the
12:09 pm
reconstruction of the shooting scene, the first autopsy report, the photos, and the tox report and also the x-rays along with witness statements, including the officer's statements as well. >> it's my understanding that the county medical examiner had access to more than you did. for instance, it's my understanding -- creek me if i'm wrong -- you had access to the body only, not the clothing or anybody else on the body and to nothing that was collect ted crime scene, is that right? can you explain? >> that's right. we have not seen any of the clothing collected, from my understanding, the county medical examiner doesn't even have that. my forwarding i believe the figureson police department actually has to the items. >> the reason -- please continue. didn't mean to interrupt. >> that's okay. just going to say that the clothing is very critical because we have been asked whether or not we can show that any of the gunshot wounds
12:10 pm
happened at a close range. when you get a close-range gunshot wound you get powder disbursement in and around the wound where the bullet goes in at, and when we looked at mr. brown's body, all of the gunshot wounds appeared to come from a distance. if you have a gunshot wound, for example, the one that hit his arm right here, or the one that possibly is the re-entry wound to his chest, if there was any gunshot residue, it would have been filtered out by the clothes, and without us seeing that, would look like a distant wound. so it's very important we get access, so the doctor and i can review those items. >> i'm asking because you know the importance of this, within the investigation. certainly within the feelings of the community there. entry wounds and re-entry wounds have completely different markers. right? if you had access to the clothes and all the rest, would you be able to tell whether that
12:11 pm
wound -- that's -- whether the wound came in from the back and through to the front or through the front into the back in would you be able to tell? >> are you -- which wounds specifically are you talking about? >> i think what they're asking is whether any -- the biggest question among many in the community there is, was this officer shooting at this young man as he was running away at a distance, with his back to the officer. was he shot from behind prior to being shot from the front? i'm curious whether with more information, the clothes or whatever else, you might be able to determine that. >> no, unfortunately with the clothing we won't be able to that. dr. badden and i know there were no actual shots to the back, and what i mean is that they came into his back, his -- literally his back, because that's stationary. as far as the wound is concerned we can't really piece together anything until we have further
12:12 pm
evaluational witness statements and reconstruction of the crime scene. the clothing, unfortunately for this particular wound, is not going to tell us whether or not it came in from the back or the front, simply because that part of his arm -- because he was wearing a t-shirt -- was exposed, if that had been a close-range gunshot wound we would have the details of gunshot powder and residue in and around the wound, and we did not see that. now it comes down to, was he walking away when he received that? was he putting his arm up or holding his hand up? and that's where collaboration of witness statements, officer's statements and reconstruction of the crime scene is critical. >> sean parcells, a forensic pathologyist who assisted on the private autopsy of michael brown. thank you for bringing clarity to these matters.
12:13 pm
>> thank you for having me. >> so you know, private autopsies are very expensive and they're fairly rare inch this case, dr. badden waived his $10,000 fee, shaun parcells waved his fee, and it's understanding the family of the deceased, the lawyers for the familiar live of the deceased, paid for the travel and other expenses of the doctors who conducted the autopsy. head, president obama is to speak. we hey now learned, top of the hour, 4:00 eastern, the president scheduled to speak on this matter and iraq. staffers say while on vacation, he has been keeping up on the ferguson investigation, and now we know that schedule -- it's not a news conference but a statement -- top of the hour. of course, fox news channel will have complete coverage, and we'll go to washington, dc next and take you to iraq and to gaza where there are brand new developments on many fronts. lots of news is breaking there
12:14 pm
12:16 pm
the white house now reports president obama will deliver a statement about the situation in ferguson, missouri, just minutes from now, 4:00 eastern. this comes a short time after the president met with the attorney general, eric holder. we have seen a week of sometimes violin demonstrations after a police officer shot and killed an unarmed black teenager. wendell goler is at the white
12:17 pm
house. the first time we have heard from the president. >> not since thursday when he scolded the violent protesters and warned police about excessive force as well. mr. obama condemned those he said used michael brown's death as an excuse for looting or attacking police officers, and he was also critical of those police officers, he said, used excessive force or arrested journalists. while some of us have questioned the president's involvement, georgetown university professor eric dyson says mr. obama should do more. >> i yearn for more response from the white house. this president knows better than most what happens in poor communities that have been antagonized, historically, by the hostile relationship between black people and the police department. >> president also knows his involvement in racially tense events conclude complicate narks the trayvon martin shooting and
12:18 pm
the arrest off henry louis gates in his home. >> attorney general eric holder ordered a third autopsy conducted on the deceased. i know that attorney general holder met with the president this morning. what do we know about the conversation? >> one of the president's advisers said the talks would center around what the federal government can do to reduce the violence and make sure the residents of ferguson, missouri, are safe. holder asked the justice department to arrange a third autopsy, that request made because of what he called the extraordinary circumstances involved in the case, and at the request of michael brown's family. still former -- >> many black men died of accident, homocide, every day in this done there, and rarely, and never, as far as i recall, had the president of the united states got involved.
12:19 pm
>> badden saying the president's involvement was unusual. he is known for giving tomorrow in the o.j. simpson trial and for investigating the deaths of john bell lure are lure she, sid vicious and others. -- john belushi, sid vicious and others. >> we'll return at the top of the hour for the president's talk. in ferguson, another night approaches. we'll have more photos from the unrest in our slideshow. breaking news in the case of a marine's missing wife. you may remember this story. we now have word authorities have arrested this 20-year-old's lover and he has been charged with murder. this is a complicated story that now has taken a terrible turn in the case of a missing marine -- marine's missing wife. details ahead.
12:23 pm
>> breaking news, the disappearance of a united states marine's pregnant wife in california, and today a horrible break in the case. police report they have found the missing woman's body and arrested a fellow marine for her murder. investigators now believe the two were having an affair and that he, the one now charged with murder, could be the father of her unborn child. she is a 20-year-old named erin corwin. she disappeared back in june from her home in the city of twentynine palms, california. trace gallagher is in our west coast news hub. >> we are juice finishing the news conference with the sheriff's office and they found the body in a 140-foot mine
12:24 pm
shaft. she disappeared in the joshua tree national forest. he body was actually found in the twentynine palms area where she lived. inside that shaft was also some different evidence they say. as soon as they identified that it was in fact erin corwin, that's when they issued the arrest wayne for christopher lee, the man who we believe is the father of her unborn child. in fact before she went missing, erin corwin told a friend in tennessee he was the father, and that he was very concerned that if his wife found out about the affair, she would leave him and take his child. but remember, there's a possible the police could also involve the wife in this because the wife, remember, told her landlord that the body would never be found. and then when they searched the couple's home there were a few guns that turned up missing. that's when the whole thing came about. erin corwin went missing they found her car near her home but shoe tracks went away from the car and lead to another vehicle. the track of the vehicle matched
12:25 pm
christopher lee's vehicle. the exact charges against him have not yet been filed. we're told that could take somewhere in the area of 24 to 48 hours, but he is in jail for the murder of erin corwin, her body has now been found, and when they get more evidence -- this is the mug shot of christopher lee -- when we get more evidence and what the wife's involvement might be in this, we'll get back to you. there has been a body found, brand new, and an arrest for the death of erin corwin. >> thank you. back to coverage from ferguson, missouri now and more images from the violence last night after the deadly police shooting of the unarmed black teenager in ferguson. police say they fired tear gas during a protest last night, after people in the crowd threw molotov cocktails. i i have pictures from the
12:26 pm
"associated press" and others on monster up here. these are pictures as the -- we're waiting to advance on the protesters, after hiring tear gas. you see these vehicles. right? this has been a matter of concern for many people on the ground there. suggesting that these large and intimidating vehicles sometimes with snipers on top, have been inciting some of the violence. this image shows demonstrators raising their hands in the air with signs that read no killer cops in our community. the always is the deceased had his hands in the air at the time, though the police tell a different story. here you can see a group of officers in riot gear and here, the "associated press" reports police had shouted at the demonstrators over a bull horn, telling them the protest was no longer peaceful and, here a young man, i'm told, who was some of the demonstrators took cover as a in other words
12:27 pm
mcdonald's -- in a mcdonald's. scenes not overseas but in the heartland of america, ferguson, missouri. john busse is the executive business edit for "the wall street journal," a corporate cousin of ours. this scene of the big militarized police, not a new matter of discussion but there's a lot of concern in that community and beyond, that's part of the problem. >> the photos are intimidating. a lot of police forces around the country have taken on some of this, heavier armor. they say it keeps the police safer when they're in dangerous situations. but when we take the lens back from this event and a few weeks, a few months down the road, we'll be talking about this even more substantially within the law enforcement community. the use of force, not just in that incident, with mr. brown, but in the larger sense of what happened afterwards, and the riots and how the police
12:28 pm
reacted, christopher mims, who writes for "the wall street journal," had a story in the paper this week and said that one community, rialto, california, when it put a camera on each of the police and they went out with a camera, showing what their activity was going to be, use of force dropped 60% for the police force. and civilian complaints against the police dropped 88%. so, that transparency, that accountability, that being on camera, on video, your actions on videoing are brought the heat down. >> interesting. i know a lot of police jurisdictions aware of where were wear a camera on their chest, and both of them tell me i-happy about this. i'm not going to do anything wrong. >> that and they're worried about an unjustified civilian complaint against them. so works both ways, both for the
12:29 pm
public and the police force. i think a couple of other things we'll be talking about is the use of federal authority in this case, the feds are going to have a third autopsy, should they be running the investigation at this point or be left up to the state? and then the civil unrest. how much was legitimate civil protesting against a police action, how much was just a cover for thugs and for looters to get out and rampage? >> the first night is another matter, but in days since then -- this is the reporting of our mike tobin and others on the ground there -- some of these people north from the town, not from st. louis county, some from elsewhere who have come, hooligans to cause problems. >> there's opportunistic theft and burglary going on. the careful thing hat has to be done is disentangle that from the legitimate concern of the community, about their interaction with their police force and whether or not they feel intimidated by that police force as opposed to served by
12:30 pm
the police fierce. >> another line of discussion has been about communities -- i'm familiar with them in the deep south -- where the racial makeup of those who serve does not match those who are served. and how sometimes, especially in small currents where they have had history of problems, that is a big problem. >> yes. i think it's evident in this case where a very small minority of this police force is african-american, and the rest is generally white. and the population feels intimidated by that as well. note that the governor brought in an african-american from state trooper to take over the policing action within the town, as an effort to bridge that gap. but by then it was probably too late. >> there have been complaints about governor nixon having not come to, as they put it, ground zero. a state senator has spoken out quite vocally about the whole
12:31 pm
thing. >> that's what you're going to hear from president obama, when he speak. he's going to engage in this talking without intruding. a very difficult political line to walk because he has been cautious about getting involved in issues related to race. he doesn't want to be seen as heavy handed or using the authority of the presidency where the state should be governing what happens in a town. very interesting to hear his remarks. more than anything, it will be the president coming back from vacation, not looking like he is out golfing during big events going on in iraq and in ferguson. >> with a reminder that many in the african-american community, leaders across the nation, have said that in many of their systems he hasn't done enough or hasn't done as much as they hoped as the first african-american for race relations. >> that it will we a conversation way beyond his term of presidency. the issue of federal involvement
12:32 pm
12:33 pm
looking for a convenient way to fill your viagra prescription online? go to viagra.com to find out about viagra home delivery. millions of men have some degree of erectile dysfunction. talk to your doctor, if viagra is right for you, you can fill your prescription at your pharmacy, or check out viagra home delivery and get started at viagra.com ask your doctor if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pain, it may cause an unsafe drop in blood pressure. side effects include headache, flushing, upset stomach, and abnormal vision. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours. stop taking viagra and call your doctor right away if you experience a sudden decrease or loss in vision or hearing. viagra home delivery. a convenient way to have prescription viagra shipped straight to you. go to viagra.com to get started.
12:34 pm
>> more headlines from the fox news deck. police in indonesia say the american fbi is helping them investigate the death of an american woman whose body turned up last week inside a bloody suit cast in bali. cops arrested the woman's daughter and the daughter's boyfriend. wikileaks founder julian assange said he will be leaving thed would dorian embassy in london. he has stayed there in an effort to avoid extradition in sweden where he is wanted on sex crime allegations. his spokesman later clarified he'll leave only if britain guarantees his safe passage to ecuador. >> a new survey shows more than a third of all americans have no
12:35 pm
retirement nest egg at all. 36% of adults report save nothing money for retirement. in a survey by bank rate.com. including a quarter of people between the ages of 50 and 64. like cheerios can help lower cholesterol. thank you! [ male announcer ] that's why there's ocuvite to help replenish key eye nutrients. ocuvite has a unique formula not found in your multivitamin to help protect your eye health. ocuvite. help protect your eye health.
12:36 pm
ocuvite. having a perfectly nice day, when out of nowhere a pick-up truck slams into your brand new car. one second it wasn't there and the next second... boom! you've had your first accident. now you have to make your first claim. so you talk to your insurance company and... boom! you're blindsided for a second time. they won't give you enough money to replace your brand new car. don't those people know you're already shaken up? liberty mutual's new car replacement will pay for the entire value of your car plus depreciation. call and for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. switch to liberty mutual insurance and you could save up to $423 dollars. call liberty mutual for a free quote today at
12:37 pm
see car insurance in a whole new light. liberty mutual insurance. >> in the identifying for control of iraq's largest dam is not over yet. that from a senior united states official to fox news recently. analysts say control of the enormous mosul dam is critical, not only because it supplies power to much of iraq, but also because it could become a deadly weapon. a united states study reported that if the dam fails it could unleash a tsunami the size of a six-story building and that wall of water could even reach baghdad. the islamic state denied losing control of the dam, and u.s. officials say they're still bombing islamic state targets in the area. according to iraqi military this video shows a strike on a truck
12:38 pm
near the dam. the blast incinerated, obviously, anybody inside. jennifer griffin us live at the pentagon this afternoon. what's the status of the dam? it with my understanding this morning, east coast time, the iraqi government had it back under its control. >> that's what the iraqi government was saying, but u.s. defense officials say the fight around the dam is ongoing, it's not over. u.s. air strikes are continuing. u.s. central command says u.s. aircraft struck 15 times in and around the mosul dam today alone. the u.s. dropped bombs 68 times since august 8th at targets across iraq. we have now learned that the u.s. is using -- 1 bombers to help with the targeting of isis positions. the u.s. is serving as the air force for the iraqi counterterrorism unit and the kurdishing peshmerga on the ground. u.s. defense officials say no u.s. military troops were
12:39 pm
operating around the dam but there are 849 armed u.s. personnel operating in iraq right now. >> the united states is designated the islamic state spokesman as a terrorist. a terrorist. a spokesman himself. >> that's right. the state department announced today, shepard, it is designating on its terror list the spokesman for isis, abu muhammad al -- he is -- seen giving videos. americans are -- pope francis endorsed the use of force to protect the iraq christian minority but he would like it to be done by the u.n., not simply by the u.s. he is considering a trip to northern iraq to show solidarity with persecuted christians but so far the vatican has not made a final decision on his plans. >> jennifer griffin with the update from the pentagon, thank you.
12:40 pm
let's get to freelance journalist benjamin hall, he has been traveling back and forth to the front lines in this identifying. right now a courier city. tell us what you can about the situation with the dam? >> well, hi, shep. i'd like to start by saying that, yes, this is certainly a very significant dam and it's strategically important but also symbolic. this is the jewel in the crown for isil troops. neither side wants to see this dam blow. if this gets blown up meeters or water are going to sweep down into mosul is which is the islamic state capital. i don't think we should go ahead and say this is definitely a catastrophic event waiting to happen. more importantly, is what happens beyond the dam in the areas out of kurdish control, and from what i have seen with peshmerga forces, many of them despite their approvery are not ready -- bravery are not ready
12:41 pm
to fight. we need to focus on training these peshmerga forces rather than focusing on small battles such as the one for the mosul dam. >> peach who -- people who know of the peshmerga fighters, in many cases we know of these irfighters' parents who are now in business and finance. these are young, young people, aren't they? >> absolutely. and remember that for 60 years the peshmerga have been fighting almost an insurgency of their owns, been in the mountains of kurdistan where they can move quickly. this is a whole new tactic. they have to go on the offensive and they're not trained to do this. they neither have thens or the training. when hear of kurdish forces going into mosul dam, those are
12:42 pm
delta trained forces. so what happens once you have the dam? once the battle goes further south? >> one last question before you go. the americans have been working to arm the peshmerga to the degree possible so they can fight against the arms from the united states now in control of the isis fighters. from your reporting, have these weapons, the necessary weapons, reached the peshmerga? >> no. they certainly haven't. this is one thing we hear from generals and the soldiers on the ground. we need weapons to counter these advanced weapons that isis have taken from the iraqi army. do know that a couple of truckloads arrived recently but they were russian-made more tars and -- mortars and small arms. they need antitanks. they need heavy artillery and need to train how to use them. this tis the crucial part here. working with the iraqi
12:43 pm
government in baghdad. >> journalist benjamin hall who is right there in the kurdish city. all the best and thank you so much. much more ahead on the shooting of the unarmed black teenager in ferguson, missouri. we'll talk to a trial attorney and how three different autopsies could affect that case. that is as we wait for the president of the united states to speak on this matter and iraq. that's coming up in the minutes ahead. this is america's choice for news and information on cable. you're on fox news channel. so ally bank really has no hidden fees on savings accounts? that's right. it's just that i'm worried about you know "hidden things..." ok, why's that? no hidden fees, from the bank where no branches equals great rates. and cialis for daily use helps you be ready anytime the moment is right. cialis is also the only daily ed tablet approved to treat symptoms of bph, like needing to go frequently. tell your doctor about all your medical conditions and medicines,
12:44 pm
and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long term injury, get medical help right away for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision, or any allergic reactions like rash, hives, swelling of the lips, tongue or throat, or difficulty breathing or swallowing, stop taking cialis and get medical help right away. ask your doctor about cialis for daily use and a free 30-tablet trial. [ male announcer ] when you see everyone in america almost every day, you notice a few things. like the fact that you're pretty attached to these. ok, really attached. and that's alright. because we'll text you when your package is on the way. we're even expanding sunday package delivery. yes, sunday. at the u.s. postal service, our priority is...was...
12:45 pm
and always will be...you. our priority is...was... wouldn't it be great if hiring plumbers, carpenters shopping online is as easy as it gets. and even piano tuners were just as simple? thanks to angie's list, now it is. we've made hiring anyone from a handyman to a dog walker as simple as a few clicks. buy their services directly at angieslist.com no more calling around. no more hassles. start shopping from a list of top-rated providers today. angie's list is revolutionizing local service again. visit angieslist.com today.
12:46 pm
continuing coverage of the deadly shooting of the unarmed black teenager in ferguson, missouri, which has sparked protests in the suburb of st. louis. we now have the results of two autopsies. one autopsy from the county and one from private investigators. we discussed both at length in this hour. researchers say both autopsies show the teen was shot six to
12:47 pm
eight times, including in the head. let's take this to trial attorney ashley merchant. thank you. >> good to see you. >> what sort of problems or helps do you see in this investigation from the autopsy? >> well, the reason there's three is there's really three potential causes of action. the first one is by the local authorities. they could prosecutor this individual, this officer, they could actually prosecute him for murder or assault, various crimes. that's why we have the first autopsy. the second autopsy is done by the family and the family's attorneys, and the reason for doing that is because they can actually prosecutor a cause of action as well. it's not a criminal cause of action but actually a violation of civil rights new united states code 1983. you can actually prosecute a civil action against a police officer for money damages. and so there's that potential cause of action. then there's actually a third out there as well, which is the federal government, can actually prosecutor this individual, this
12:48 pm
police officer, for violation of mr. brown's rights, his constitutional rights, under color of law. so as long as he is acting under color of law, which means he is acting actually as a police officer when the shooting occurred, he can actually be prosecuted in federal court for a federal crime. so there's three different causes of action, which is why there's three different autopsies being done. >> a whole lot going on. regarding the officer shooting itself, officers are justified in shooting to kill under what circumstances? >> well, they have their own certain sets of circumstances per jurisdiction but they have to actually have some type of threat. they have to actually have some type of fear. what is important to us is whether or not he was shot in the front, shot in the back, whether or not this gentleman had his hands up, and was in a surrender position. those are vital facts to determine whether or not this officer was justified in his own mind. because if the officer felt he was in imminent fear and he had to retaliate with this
12:49 pm
justifiable force, going claim it was justifiable, we have to look at the totality of the circumstances. but there's a lot of lesser types of force, such as a taser, other things in the escalation of force that he could have used before the escalated to a gunshot. >> trial attorney ashley merchant with us. thank you. >> thank you. >> to be clear no charges are filed against anyone in this case. in just more than an hour from now, an hour and 11 minutes, the cease fire between israel and hamas is set to expire but both sides are working to come to an agreement. sounds like they may be close. of course it sounded that way before. we'll go live to gaza for more. but first, senator jim jeffords died. his does to leave his own party bravely changed the -- briefly changed the balance of power in the thus senate. voters electricitied him to house as a republican and then
12:50 pm
to the senate in 1989. in the year 2001, senator jeff orders quit the g.o.p. says he was protesting president george w. bush's opposition to the individual with disables education act. senator jerrords became an independent, giving democrats control of the senate for a short time in 2006 he retired because of his wife's health problems. in a statement, president obama writes, jim voted his principles, even if it sometimes meant taking a lonely or unpopular stance. vermonters sent him to washington to follow his conscience. and he did them proud. a former aide said the senator's health had been getting worse. he died today in washington. senator jim jeffords, was 80 years old. ♪
12:51 pm
12:52 pm
slams into your brand new car. one second it wasn't there and the next second... boom! you've had your first accident. now you have to make your first claim. so you talk to your insurance company and... boom! you're blindsided for a second time. they won't give you enough money to replace your brand new car. don't those people know you're already shaken up? liberty mutual's new car replacement will pay for the entire value of your car plus depreciation. call and for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. switch to liberty mutual insurance and you could save up to $423 dollars. call liberty mutual for a free quote today at see car insurance in a whole new light. liberty mutual insurance.
12:53 pm
it can help your business save money. false. the truth is when you compare our fastest internet to the fastest dsl from the phone company, comcast business gives you more for your money. why pay more for less? call today for a low price on speeds up to 150mbps. and find out more about our two-year price guarantee. comcast business. built for business.
12:54 pm
the white house says we're just minutes away from a speech from president obama, happening at the white house, as he is on a two-day break from his vacation in massachus in ferguson, missouri, and the other, developments in the united states' involvement in the conflict in iraq. coming up in six minutes. possible major attempts in the middle east. the palestinian media agency is now reporting egyptian officials are expected to announce an agreement on a cease fire in gaza. it is not clear to us exactly what that means, and so far fox news has not confirmed any agreement. but what is important to keep in mind the current cease fire extension is set to expire expit 5:00 eastern time. so an hour from now. midnight in gaza since last week egyptian mediators have been trying to brokery deal to end the war entirely, war which started last month. rick leventhal is live in the gaza tonight.
12:55 pm
rick? >> the israeli media not confirming there has been a deal but the palestinian media saying there is one and that egyptian mediators will hold a news conference minutes from now to explain the details of this tentative peace agreement. reported he there has been agreement on some issues and others delayed. one key issue for the palestinians has been the economic blockade in effect for seven years that restricts what can be trucked in. the palestinians have been demanding freer travel for he 1.8 million people here who are heavily restricted from leaving, even for work or family emergencies. another key negotiating point is extending the fish limits in the mediterranean samesay from three -- sea, from three miles to 12 miles. the sick weeks of war have taken a heavy told and hamas is under increasing pressure to stop the fighting and find a way out of this mess with the death toll
12:56 pm
topping more than 2,000 here. whether this all means that hamas would agree to israel's demand to disarm or completely or at least not re-a arm, we have to wait and see. >> rick, thank you. the news continues after this. you do a lot of things great. but parallel parking isn't one of them. you're either too far from the curb. or too close to other cars... it's just a matter of time until you rip some guy's bumper off. so, here are your choices: take the bus. or get liberty mutual insurance. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. see car insurance in a whole new light. call liberty mutual insurance.
12:59 pm
a live look now, ferguson, missouri. members of the missouri state national guard and the st. louis county police department have just come to the microphones for a very quick statement that they made. they did so just before the president is set to speak in washington. in essence, the state national guard and the local authorities said that the national guard will be on scene to protect the command center tonight in ferguson, missouri, the scene of very difficult night in recent days after the shooting of an unarmed black teenager erupted into racial divisions and protests. i'm shep arizona smith in new
1:00 pm
york. we'll be back when the president speaks. have a great afternoon. >> any minute now president obama will take to this podium and update the nation on the situation in iraq and ferguson, missouri. he just been briefed by his national security team and attorney general eric holder. when the president starts talking we'll take you right there. just hours away from nightful in ferguson, missouri, where the governor just lifted the curfew. we have seen what happens with one. now retailers are bracing for what happens without one. i'm in for neil cavuto. retailers under attack as protesters lash out against the killing of an unarmed teenager. this is the scene at wal-mart where managers lined up several rows
220 Views
IN COLLECTIONS
Fox News West Television Archive Television Archive News Search Service The Chin Grimes TV News ArchiveUploaded by TV Archive on