breaking tonight, president obama dispatching his attorney general eric holder to ferguson, missouri, after the police shooting of a black 18-year-old leads to riots. and tonight for the first time we are hearing from supporters of the officer behind the gun with what they are calling his side of the story. welcome to "the kelly file" everyone. i'm megyn kelly. here are live pictures from ferguson tonight. the city deciding not to enforce the curfew that's been in effect in recent nights. so far it is fairly quiet after a very dramatic 72 hours. on friday august 15th, six days after 18-year-old michael brown was killed by a police officer, ferguson's police chief releasing the name of the

officer involved in the shooting, 28-year-old darren wilson, a six-year-old veteran of the force with no disciplinary record. the police also releasing this video reportedly showing michael brown just before the incident with the officer carrying out what they call a strong armed robbery of a convenience store, grabbing a handful of cigars, not paying for them and roughing up the clerk. then jump to yesterday, sunday august 17th. protests turning more violent, police firing tear gas at hundreds of demonstrators marching toward a police command center. some protesters hurling molotov cocktails and rocks at police. and now tonight nine days after michael brown was killed missouri's governor calling in the national guard to restore peace and to protect the people of this town of ferguson. and for the first time we are now hearing the other side of the story. an interview with a woman who

claims to be a friend of officer darren wilson. the conversation happening three days ago. the woman calling herself josie, calling in to our own link to the kelly file, dana lash, on her radio show. and here is what josy says is officer wilson's side of the story. >> so he said that, you know, they were walking in the middle of the street. he pulled up, rolled his window down and said, come on, guys, get out of the street. they refused to and were yelling back. there was some cussing involved. and then he kept rolling up and he pulled over. and i believe at that point he called for backup, but i'm not sure. i know he pulled up ahead of them. and he was watching them. and then he gets the call in that there was a strong arm robbery and gives the description. and he's looking at them and got something in their hands that looks like what could be the cigars or whatever. so he goes in reverse back to

them, tries to get out of his car, they slam his door shut violently, i think he said michael did, opened his car again and as he stands up michael just shoves him back into his car, punches him in the face and then of course darren grabs for his gun. michael grabs the gun. at one point he's got the gun totally turned against his hip. and darren, you know, shoves it away. and the gun goes off. well, then michael takes off with his friend, they get to be about 35 feet away and, you know, darren of course protocol is to pursue. so he stands up and yells freeze. michael and his friend turn around and michael starts taunting him. oh, what are you going to do about it? you're not going to shoot me. and then he said all of a sudden he started to bum rush him. he started coming at him full speed. so he just started shooting. and he just kept coming.

he really thinks he was on something. because he just kept coming. it was unbelievable. and so he finally ended up final shot was in the forehead. and then he fell about two, three feet in front of the officer. so that's why the stories are going around that he was shot execution style. i think some people thought the shot in his head. of course ballistics will prove he wasn't shot in the back like the other people are saying. but that's his version of what happened. >> trace gallagher joins us live with more. trace. >> megyn, in that interview the woman says things that we did not know at the time, like the final shot hit michael brown in the forehead. and we didn't learn until today's autopsy report that he was shot in the forehead. she also claims unlike the official police version of events that officer darren wilson did know there had been a robbery at a convenience store and that is why he approached

the two men. and this might be the key part of the interview. listen closely. >> michael and his friend turn around. and michael starts taunting him. oh, what are you going to do about it. you know. you're not going to shoot me. and then he said all of a sudden he started to bum rush him. he started coming at him full speed. and so he just started shooting. and he just kept coming. >> that's crucial because other witnesses claim that brown turned, stopped and put his hands up. but now cell phone video appears to capture new eyewitness accounts that backup the police officer's version. here's a five-second snip-it. i want you to listen closely and read the captions. play it. did you hear that? coming back towards him. later that same man is heard saying "the police shot him, the dude started running coming towards the police." and in reference to the police officer firing the shots,

another voice on the tape is heard saying "the dude was still standing and i was thinking they were missing him, then he kept coming towards him." the autopsy shows that michael brown was shot six times and now some say the final shot is what stopped him. megyn. >> trace, thank you. as trace mentioned for the first time we have specific details from the autopsy of michael brown. the brown family calling in independent forensic examiner dr. michael baden, the state performed an autopsy as well. in a news conference hours ago fox news reporter mike tobin asked dr. baden whether the autopsy indicates michael brown was surrendering to this officer or was charging the police officer at the time he was fatally shot. >> are any of these wounds inconsistent with the witness account that michael brown was shot while rushing the police officer? >> they could be consistent with

his going forward or going back ward, but there for the front -- and if he was shot going forward, he would collapse right away. the problem -- yeah, so it's possible. >> benjamin krump is an attorney for michael brown's family. but we begin tonight with mark furman, a former lapd detective and fox news contributor. good to see you. >> thank you, megyn. >> let's just start with this account, which has reportedly been confirmed by a source close to the case, it's not just josie claiming she spoke with the officer and his wife in particular, but a source very familiar with the case saying this will indeed be the story of the officer when we ultimately hear it. does it sound plausible to you that this man, this 18-year-old would try to shove a cop back in the car, would punch him, the gun would go off, he would then run, he would then turn around, he would start running back to the cop who has a gun, the cop

does, to try to force a confrontation? >> well, megyn, let's start with this. first, you can't predict nor can you explain what people do on the street, especially in situations like this. michael brown from the onset of me reading and catching up with this story, he has appeared to be the aggressor from the very beginning, whether at the robbery or the contact with the officer. he was the aggressor. and once this officer didn't even get a chance to get out of the car before michael brown was on him and now the officer knows that he's confronting a robbery suspect. he doesn't know if he's armed. and that suspect is now assaulting a uniformed police officer. so that is a bold act all unto itself. having the gun go off after grappling with the officer, having the opportunity to flee and yet he turns around and

charges the officer is fairly consistent with his first act, throwing an officer into the car and getting on top of him and grappling with him and trying to get his gun. so i don't find any of this inconsistent with the robbery video until the end. >> what do you mean? >> well, it's not inconsistent that michael brown was aggressive. he threw the owner of the convenience store aside and stole some objects in there, committed a strong arm robbery. he's walking down the middle of the street, all he had to do when the officer was approaching was get on the sidewalk. quite possibly this never would have occurred. instead he confronts the officer. he charges the officer in the car. he assaults an officer, another felony. now he's grappling with the officer trying to get his gun, another felony. >> let me just jump in and ask you about this. because his companion, dorian johnson, michael brown's companion, came out and said that the officer came by -- this is his initial report last week.

told them to get the -- off the sidewalk. so far they're almost even. the cop wants them off and he actually said, hey, we're almost at our destination. so, again, kind of consistent that they didn't comply. that they gave the cop a little [ gunfire guff about it. he claimed the cop put the truck in reverse, nearly hit the guys and allegedly grabbed brown by the neck after he tried to open his door and brown just got hit by the door. the companion to michael brown says the cop opened the door into michael brown. michael brown got hit by the cop and then the cop grabbed him by the neck and a confrontation ensued, brown ran away and got shot. >> well, yeah. everything that leads up to what you just said, if the door hit michael brown whether intentional or by accident, that doesn't mean you get to attack a uniformed police officer, try to

disarm him and kill him. i mean, that's the way it goes. this officer has some rights too. part of his job description isn't die on duty. he has absolutely no knowledge of this robbery suspect or this young man that is assaulting him f he has a gun, if he has a knife, if he has any other type of weapon. now he's on his back in the front seat of a police car battling this individual. and now he believes his life's in danger. these are the facts. the witness laid this out. i didn't hear this -- >> well, that's one witness's account. >> i didn't hear this before. but i could conclude exactly what happened just from the little tidbits of information. when there's an altercation in the front seat of a police car and the officer's on the bottom, it doesn't occur because the officer wants it that way. >> uh-huh. >> that is because the suspect has engaged the officer in a situation that is the worst tactical situation you could be

in. >> quick question before i let you go, the autopsy results appear to show most of the bullets on the right side of michael brown's body. what does that tell you if anything? >> well, as far as the grappling i would first want to know if the officer's right-handed and the suspect's right-handed. it appears that the suspect was attempting to control the officer with his left hand and grapple for the gun with his right. that would be consistent. and as far as the shots when they were a distance apart if that's what happened i can't account for that. but the close-in shots it would appear that the grappling occurred with two right-handed individuals. >> mark furhman, thank you. >> thank you. so what is dr. michael baden saying in that press conference? because it was confusing, wasn't it? i called him tonight and i spoke with him one-on-one and asked him specifically whether these autopsy results can rule in rule out that michael brown was the aggressor or was running

away at the time he was shot. and i will tell you his answer right after this quick break. and after this break we will be joined by the brown family attorney about this autopsy, this new account of the officer's actions and what mark furhman just said. plus, while we watch these pictures from ferguson, attorney general eric holder tonight said he was very troubled about one in twist in the case. that part of the story just ahead. and asked for less. there's a reason it's called an "all you can eat" buffet... and not a "have just a little" buffet. because what we all really want is more. now get our best ever pricing with the more everything plan. 1 gb of bonus data per month per line. verizon smart rewards to rack up points for the things you really want. and 50% off all new smartphones, like the htc one m8. built to inspire envy. come get your more with verizon.

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back to our breaking news from ferguson, missouri, where the national guard is now on the ground to help restore order after a weekend of violent protests. as we told you just before the break we are joined now by benjamin krump, an attorney for michael brown's family. thank you very much for being here tonight. let me start with this. i asked dr. baden personally today, because i confessed to being confused by his presser earlier. and i saw the family presser in which the attorneys claimed this autopsy report proved their theory that michael brown was running away at the time or attempting to surrender, one or the other, at the time of this confrontation. dr. baden says that is not the case. he said the autopsy results do not prove that michael brown was running toward the officer or running away from the officer at the time he was shot. >> megyn, i think what the autopsy conclusively showed is that the multiple witnesses who said he had his hands up, forward to backwards on the

hand, but more importantly it confirmed that he was shot multiple times and that was very troubling to shoot an unarmed teenager in broad daylight multiple times like that. and dr. baden also said and you know dr. baden well that he wants the full account before he can finish his autopsy. this was a preliminary autopsy where he needs to clothes that michael brown was wearing, he wants to see x-raies where bullets came out of michael brown's body. he also wants whatever evidence there was in the police car. and he also wants all the witnesses accounts because that tells the full story. and so what the witnesses saw there it troubled them greatly. and they are very disappointed about it. and with this autopsy this is the first step to getting what really happened to cause an unarmed teen to be shot and killed in broad daylight. >> and he said that what we really need here to figure out

that the answer of who was the aggressor and who was not, who was the victim as this confrontation began to unfold is eyewitness accounts. and as i told the audience in the last block, there have been accounts on both sides. you have dorian johnson who was with michael brown who claims the officer was the aggressor and shot him, he claimed, like an animal. but now you have this woman, josie, calling into this radio show and this has been verified by someone close to the case saying this will indeed be the officer's account who says in fact it didn't go down that way at all. >> well, megyn, i think that -- there lies the problem, the transparency of it. the police, you know, they offered up in piecemeal fashion information. it's hard to take the person y saying, well, i didn't hear from him directly but heard it from somebody who heard it from somebody. when you really want is his

account. his statement. >> true. >> and you want to look at his statement from the very beginning because, you know, the police chief said he didn't know about whatever took place in the convenience store. and then this witness is trying to say he did know. so you want to know what he said at the very beginning. and one of the things that we want to tell everybody we said. the officer has due process. he has a right to due process, but to michael brown's family we don't even know if we get to that point if he's not at least held accountable and charged with doing something the family will never know anything about what happened. >> but i ask you the same question i asked mark furhman, which is when i asked him why would this unarmed 18-year-old just charge after a police officer who he sees has a gun? i ask you why would a police officer with no disciplinary history whatsoever, minding his own business trying to protect his community, just shoot somebody dead for no reason if he didn't feel threatened?

>> well, megyn, you are assuming that there is no disciplinary history. we don't know that. >> that's what the police said. >> they've been saying everything about the victim, the person who's dead on the ground. we want to know more about the shooter. we hope in the days to come that there's going to be transparency and we don't know anything about the police officer who shot and killed michael brown. i don't know what we can say other than you got the witness accounts, you got the preliminary autopsy report. when we get the autopsy that was performed by the law enforcement agency in st. louis, it's going to help dr. baden come to some medical conclusions. but also it's going to help the full story come out. and at the end of the day hopefully michael brown's family can have his voice heard in an equal manner as well as the police who is obviously going to get due process of the law. and that's what you want to make

the system work. >> absolutely. dr. baden did say he wanted to see that information. and i should mention to the viewers dr. baden will be here live tomorrow night hopefully with some more of that information. all the best to you, sir. thanks for sparing us the time tonight. >> thank you, megyn. after police officer darren wilson was identified as the officer who shot michael brown, some media outlets made a decision that is still causing controversy. tonight, did the media try to play judge, jury and executioner in this case? that's next. and then, both president obama and attorney general eric holder weighed in on these riots, the investigation and why. we'll explain. mr. holder is personally headed to ferguson this week and promising the full resources of the department of justice on this case. introducing chico's leggings. every style's a showstopper! with fabrics that flatter and prints to go wild for.

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we are watching the protests build in the town of ferguson, missouri, tonight where police on friday identified darren wilson as the police officer who shot michael brown. after that announcement members of local and national media began identifying the location of officer wilson's home in their reports. at the same time we heard folks calling for officer wilson to be killed on sight. howard kurts is the host of fox news media buzz. how howie, good to see you tonight. wh what's your take? their duty? >> absolutely serious blunder for cnn, the ksdk apologized to show officer wilson's house on camera. in this tinderbox environment where anyone with a gun can try to settle the score, it just defies my understanding how you

could put his life or the life of his family in danger by even briefly showing the house or naming the street. >> you know how it is. cnn probably sent the reporter there to say, oh, we've got it covered, we've got everybody there live and now i'm standing here doing a live shot right in front of the officer's house. and you can almost see, okay, the lightbulb didn't go off for somebody that, oh, this could get him or his family killed. but there's been no walkback of that apparently. >> yeah. i mean, against the backdrop of riots and looting and people running around with guns, it is the old eyewitness news convention as you say, i'm standing here in front of the house where the officer lives. what does it add to our understanding of this story? of course there's going to be reporting on darren wilson as the officer at the center of this case just like there's been reporting on michael brown. but it really was a huge blunder. i hope it doesn't get repeated. >> as i say, i think the initial mistake because that's what we do in the news is we go to the location and cover from the

location and do live shots, and if somebody made a mistake for some reason forgetting to think -- then you come out as the nbc affiliate did and say we're sorry, we screwed up, we shouldn't have done that. and you take ownership of it. normally that gives you more credibility with their viewers because they know they can trust you to own it when you make a screw up. >> live television breaking news, there are always mistakes. you have to acknowledge them. some concerns i have some outlets create almost a lynch mob mentality "the huffington post" screaming we know what happened and we don't know what happened. we had a friend of the officer calling in but that's not confirmed. >> we had dr. baden saying these autopsy results are not conclusive. >> i just think when you cross that line into becoming an advocate and demanding somebody be prosecuted before the facts are in while the investigation's going on, you're grand standing,

you're trying to keep the story alive. i think it's troubling. >> what about that? because we have reverend al sharpton, an msnbc host, pouring fuel on this fire. talking about how the issue here how this young man with no deadly threats, how does he know, was shot multiple times. that's what america has to deal with and so on, calling it he's never seen something so offensive and insulting as the police chief -- granted that was required under the sun sunshine laws of missouri, but al sharpton has never seen something so offensive and insulting as that? how about the rape allegations back in the day? >> i will say at least condemned the writing, but why msnbc allows him to go as he did in the trayvon martin case to appear with the family in a press briefing and be activist going and speaking at rallies now talking about a march or rally i should say on washington, how you can wear those two hs and cover the

story with any veneer of objectivity is absolutely beyond me. >> the viewers know that. they know who he is and what he does. and does anybody watch him and think, oh this is an objective person? >> no, no. he's an opinion guy. he's a commentator. he's entitled to be an activist. he's entitled to be a television commentator. i don't think he's entitled to do both simultaneously on the same story. i can't think of many news outlets -- >> i was going to say, is it a new line that's been crossed? i don't remember seeing it. maybe i'm wrong. >> a line that has been crossed by sharpton and others? >> yes. would be going in the middle of the story generating, you know, outrage and then running back and anchoring your show and showing the outrage. you know what i mean? because i know you just helped stoke it. >> msnbc thinks it's okay because they allowed it in the trayvon case and allowing it once again here in ferguson. >> howie, good to see you. >> same here, megyn. >> so far the streets of

ferguson look much quieter tonight. we'll go live to the center of this march in moments. and the president announces he's dispatching attorney general eric holder to the scene or eric holder claims he's dispatching himself, marc thiessen weighs in. >> well, i understand the passions and the anger that arise over the death of michael brown. giving into that anger by looting or carrying guns and even attacking the police only to serve to raise tensions and stir chaos. it undermines rather than advancing justice. hey pal? you ready? can you pick me up at 6:30? ah... (boy) i'm here! i'm here! (cop) too late. i was gone for five minutes! ugh!

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new pictures and new protests from ferguson, missouri

tonight. the national guard now providing some serious backup for local police. our own mike tobin live in ferguson tonight. mike. >> reporter: well, i'm watching the demonstrations tonight. as night has fallen the numbers have picked up. it really looks like the technique of the police right here is just to have them walk it off. they're allowed to come out here, but they're not allowing them to loiter. they're not allowing them to congregate, form a group. if they want to march, they've got to keep on marching. maybe that's the idea, just to keep them going until they feel like going home. but the police are out here. there is interaction with the police and the demonstrators. and whenever you have that interaction you have friction. we've seen that. it's different than other nights when the police backed off entirely, because that didn't work. we had trouble every night that happened. now the police are here. the numbers are down. they're keeping the people moving. the national guard is just a short distance away. and we're watching them. and you see the people here demonstrating. here's one of the demonstrators with the mask on his face. the people with their signs.

all of them interacting, megyn. back to you in new york. >> mike, thanks. they don't neat masks, they need roller blades. what's the strategy, exhaust them? the national guard tonight is on the streets of ferguson. earlier today president obama was suggesting americans should be using this moment as an opportunity to unite. >> let me call once again for us to seek some understanding rather than simply holler at each other. let's seek to heal rather than to wound each other. as americans we got to use this moment to seek out our shared humanity that's been laid bare by this moment. >> ed henry joins me live on the set. >> good to see you. >> so the president seeming to try to strike a different tone than we've heard him strike in past controversies. >> oh, i mean, look at what happened with cambridge, massachusetts, when he said the police acted stupidly when this was an ongoing investigation. that was a mistake. trayvon martin case, the nation

was inflamed over that to some extent. he jumps in and says if i had a son he might look like trayvon. those two were clearly mistakes. today the president said i want to be careful and not judge this case. >> it should be pointed out to the audience that was a couple days after he came out and said michelle and i have expressed our deepest condolences to michael brown's parents. nothing about the officer involved. and i understand michael brown was killed, but there is a question about whether he is a victim of the officer's or a victim of his own behavior. >> nobody knows what the facts are. the bottom line is when you talk to somebody inside the administration they believe one reason the attorney general needs to go on the ground is to keep the heat on the local prosecutor and make sure a case is actually brought. it's been now more than a week since michael brown was killed, so sure, the justice department is going to keep the pressure on, make sure -- >> full resources of the department of justice, that's what they said today. >> well over 50 fbi agents.

>> that's incredible. >> it is. look at these numbers. this weekend i checked right here in new york city, 11 shootings, two dead, 19 wounded. chicago, 7 dead, 29 wounded. is the attorney general going to new york or chicago? >> that is unbelievable. and many of these communities have called out to the department of justice saying where are you when we need you? >> we need more fbi agents. we need dea, all the federal resources. they're not getting them. >> and yet today the attorney general announces full resources he's personally going to visit while the president strikes a much more measured tone. but the question is, seems obvious, but who's calling the shots here? is eric holder, you know, the hand of the king doing what president obama wants him to do? because eric holder seemed to take credit saying i informed the president i am going to ferguson. >> i think what's going on there a little bit is try to insulate the president and the attorney general saying i'm going, i'm doing this when everybody in washington knows the attorney general doesn't act without the

president's blessing. especially this attorney general and this president. they are extremely close. not just as colleagues but as friends. he's not going to go out on his own and do this. he's doing it with the president's blessing. and maybe the president's direction. but they want to insulate the president a little bit so it's not a president pushing this. because of the reasons you displayed. >> incredible the statistics about these other cities. thank you very much. we also heard from the attorney general himself earlier. he promised not only the full resources of the doj but said he was especially upset about the release of this video allegedly showing michael brown robbing a convenience store just moments before he was killed. mr. holder saying tonight "the selective release of sensitive information that we have seen in this case so far is troubling to me, no matter how others pursue their own separate inquiries, the justice department is preserved the integrity of its

investigation." tom worked in the civil division of the doj, tom, good to see you. we have now learned that the department of justice tried to stop the release of that video showing michael brown apparently robbing a convenience store. and succeeded in stopping it for a day, but then failed because of missouri sunshine law which does require the release of this kind of information. >> that's right. it's interesting that holder is so personally injected himself into this case not only in trying to suppress the release of the video but also in criticizing. i mean, it's carefully camouflaged criticism, but it's criticism nonetheless. in holder's view the president should not have released that videotape. >> what do you make of the fact we've got 50 fbi agents going to ferguson? i realize this has become a national case and they need to investigate. the doj has inserted itself for better or worse it's done it. but 50 fbi agents on this one case? >> it's extraordinary, megyn. there's no other word for it.

i've never seen anything remotely like this. a single victim incident, 50 fbi agents flying in from washington and other destinations all to come to interview people within a very small neighborhood. it's extraordinary. they're flooding the zone. i think they want to insulate themselves, the administration wants to insulate themselves from any possible criticism that they haven't put all the resources, the federal government and department of justice on the field to in their view bring the perpetrator to justice. >> is it controversial as the attorney general suggests that the police released that convenience store video? he seems to be -- i don't know what he's saying but those who have criticized it as eric holder has saying, look, if they're going to release some things, release all things. and some claim that video is totally irrelevant to the case altogether. >> my view is it's not irrelevant, i think it's very releva relevant. i think ilt speaks to mr. brown's mindset. we've been getting conflicting reports about whether the

officer was aware of the report or not. but nonetheless i think that it was proper to release the videotape. i think reasonable people can disagree about the timing. i think that the local authorities should have notified the state authorities and federal authorities that they were preparing to release the videotape. but nonetheless at the end of the day i think it's newsworthy, i think it should come out and proper it did come out. >> this is the same doj that's failed to investigate the veterans dying at all these v.a. hospitals but we have tons of resources available to investigate this one case. not to diminish the life of this 18-year-old, but it has resulted in criticism already about what the priorities may be within this doj. i want to ask you this, when it comes to this case, because eric holder's doj, in particular the civil rights division, has been criticized by many for having their thumb on the scale of these disputes. and they may be stepping in to make sure this isn't a whitewash by the local authorities who are trying to decide whether to prosecute this officer. you know, what are the chances

that they themselves will be guilty of their own biased in investigating whether this case ought to be prosecuted? >> i think they need to be very mindful of that, megyn. i think one of the dangers we've seen from the president and attorney general is the statements they've made critical of local authorities about their handling of the investigation rk the release of the video, the fact they're now having a federal autopsy to be performed, it's worrisome because it could be sending a message to the line investigators, the line prosecutors, that this is the result the attorney general needs to come out, that local authorities can't be trusted to conduct a fair and impartial investigation and to see that quote/unquote justice is done here. >> as tom speaks and we watch protests in ferguson, we see the american flag turned upside down as protesters march. they believe they know the answers in this case. and they believe certain things about the police that history has led them to conclude. and those are other aspects of this case that we're going to be get sboog in just a minute. tom, thank you. >> good night.

thank you. so now that the name of this officer has been made public and the brown family has released the results of their autopsy that they hired dr. baden to perform, do the critics feel better about the situation in ferguson? we'll ask one next. [ intercom ] drivers, to your marks. go! [ male announcer ] it's chaos out there. but the m-class sees in your blind spot... ♪ ...pulls you back into your lane... ♪ ...even brakes all by itself. it's almost like it couldn't crash... even if it tried. the 2015 m-class. see your authorized dealer for exceptional offers through mercedes-benz financial services. see your authorized dealer for exceptional offers so what we're looking for is a way to "plus" our accounting firm's mobile plan. and "minus" our expenses. perfect timing. we're offering our best-ever pricing on mobile plans for business. run the numbers on that. well, unlimited talk and text, and ten gigs of data for the five of you would be...

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the name of the officer who shot michael brown to be released. then they wanted more details behind the shooting. that happened today. how do they feel tonight? joining me now the political director to russell simmons and editor and chief of globalgrind.com. michael, how are folks feeling tonight? >> i hope peaceful. i hope peaceful. last night was a very tough night. i certainly am deeply saddened by the violence that occurs late in the evening. so far we're in the mid-9:00 hour and we've seen peace. >> why are they doing this? why does it cross over from protests in the street, which is very american, to looting, stealing stuff? >> well, i think there's a very small fraction -- there's 1,000 people looking at 50 people late into the evening want to fight with the police. and this is young people, some folks from all across the country are coming in. i don't condone that type of behavior at all. i think as you said very american, our first amendment is the peaceful protest. i think we should all support that. the folks turning violent

against the police and police turning violent against the people. >> well, if you're a cop and hearing molotov cocktails thrown at you and guns going off? >> well, if you're the police showing up with machine guns and armored vehicles, you say you're going to defend yourself -- >> a show of force in proportion to what's on the streets. what's happening the dynamic in place prior to this incident which obviously there is some fragment of the community that is disrespectful of the law, is disrespectful of the police. and the police know it because they're the one who is are in law enforcement and have to deal with these folks. then there's another segment of the population that feels unfairly targeted by the cops because of skin color, socioeconomic status, what have you. it comes to a boiling point perhaps on the streets of ferguson one night and we don't know whether that was a clearly just an incident where a young kid, 18-year-old young man, decided to confront a police officer because he was -- they said he had marijuana in his system. who knows what else he had in

his system, if anything. or if this was a cop out of control. >> well, look. we need facts. and we don't have them. and this police department of ferguson is completely inept to delivering facts to the american people. why are we talking about report of a potential robbery and not talking shooting of an unarmed teenager? where is the incident report of theel brown? >> the law says they can withhold information regarding a pending investigation, but they're supposed to release incident reports. >> sure. so where's the incident report, right? and where is the information of the officer who shot him? where's the autopsy? why are we talking about an independent autopsy that does not have access to all the evidence? and why don't we see the real autopsy done by st. louis county? >> because the law does allow them to withhold some things when it relates to an ongoing investigation because they don't want to poison the jury pool. make no mistake about it the family attorney benjamin crump is trying to garner support for

his side of the story. and when the police ultimately come out, they're going to want the opposite. >> police have a different job when it comes to him. police have to protect and serve the community. there's violence in their community today. when are they going to protect the people of ferguson and not deliberately put out things that will further provoke those -- >> do you think the videotape was that relevant of the convenience store robbery? >> the killing's a lot more relevant than the convenience store. >> well, that's clear. >> so that should come out first. >> but do you have a problem with the convenience store videotape being released at all? >> of course i don't have a problem with that. that's part of the evidence. >> right. i agree, let's see it all. >> i want to see that first on a friday afternoon. the police chief says here's the name of the officer. by the way, there's an incident, here's some papers, digest that. i'll see you later. >> michael, good to see you. >> great to see you. so far everything that's happened over the last 72 hours, we've brought you up-to-date. but what are the crowds saying

tonight? mike tobin is there. mike. >> reporter: the crowds and cops, will they clash again tonight? we're watching it live right after the break. chico's leggings. every style's a showstopper! with fabrics that flatter and prints to go wild for. legs look longer, you look leaner. any way you wear them. chico's leggings. we're famous for our legs. at chico's and chicos.com. even 10 miles away. they can see the light of a single candle. look after them with centrum silver. multivitamins for your eyes, heart and brain. now, with a new easy to swallow coating.

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well, this is the hour when the trouble started over the last few nights in the town of ferguson, missouri. is there a difference tonight with the national guard now out in force? mike tobin live in ferguson for us tonight. mike. >> reporter: well, here's this one group that's marching around in a circle here. as the night falls the whole thing gets a little more aggressive. you heard that chant they were just doing. instead of hands up don't shoot, they're saying hands up shoot back. and as the night falls, we see bottles of booze coming out, a lot of containers, see people smoking some dope, i hate to

bring that up every night, but it does become part of the mix after nightfall. and you can see things get a little more aggressive. the demonstrations will get a little more aggressive. people more inclined to get in front of the camera. that's what we see. it's a different situation at night. the numbers are also greater. the numbers of police officers out here are also greater. they are interacting with the people here on the ground, mostly keeping them moving at this point. what they don't allow is a big group to form up, megyn. >> we saw some hands up, we saw some fingers up too, some specific fingers, fyi sorry about that for the folks at home. this is an evening program. what is the goal? is it to march? and where are they marching? >> reporter: now they're just marching around in a circle. the demonstrations really congregate in front of the quik trip convenience store. the cops are saying you want to march, you can march all night long. but you have to keep marching

all night long. sorry about the fingers. they get more aggressive. >> part of what's underlying this case is race. ferguson is 65% african-american, we have a police force with only three african-americans on it, the vast majority are white. are the protesters predominantly one race or is there a mixture? >> reporter: there's a mixture. but the white demonstrators are definitely in the minority here. this is a predominantly black march out here, megyn. >> all right, mike. we've seen outrage in response to this case from all races across the country. and we're taking your thoughts on whether they ought to be feeling that way. go to facebook.com/thekellyfile. we'll be right back. k time takeo one.

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designed to help the driver in you... ...care for the passenger in them. the subaru legacy. it's not just a sedan. it's a subaru. i'm megyn kelly. here's sean. this fox news alert, major developments today in the shooting death of michael brown in ferguson, missouri. an independent autopsy revealed the teen was shot six times, including twice in the head. forensic pathologist michael baden said it's too early to tell whether the fatal wound was indicative of brown surrendering to police before he was shot or not. we'll bring in experts to analyze the investigation thus far, but first after riots rocked the streets of ferguson over the weekend, governor jay nixon deployed the national gud to the st. louis suburb to help contain the violence. the city's curfew was lifted earlier today in the advance of their arrival. we turn