tv The Kelly File FOX News August 18, 2014 9:00pm-10:01pm PDT
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we help you shine every day of the week. >> breaking news now. 11:00 p.m in ferguson, missouri. this is another camera we have on the scene. down here is mike tobin's location he heard authorities get a head's up you see relative calm here, right? there are police here, no one here and a small crowd to the left. but mike tobin you're reporting the police got an order to mask up. what is going on?
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>> well, you can look at the result of the order to mask up, they're watching the process and other guys don't have on masks yet. they're talking. i'm trying to listen what they're saying you can see what's happening. the crowd is forming up in the street. and there is one on the side looking south towards these positions they took those road markers not cones and put them in the center of the street. there is a road sign they pulled out of the ground and took it to the center of the street. forming another line there, and taunting the police, if you will. police have been telling them not to do it. don't steal signs and form up in the middle of the street. it's unlawful. we've been watching that process and now we're watching them kind of beef up their gear. we haven't seen movement but it seems clear they're ready to in,
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the event the order comes, shep. >> steve, what are you seeing there? >> shepherd, we can see a line of police now backed up about three deep and let's take a look at the -- >> we lost steve's camera, go ahead, steve. keep going. >> you can see. this is about it as far as protestors here. i'd say less than 100. at this hour. probably more media than protestors at this point. police have -- >> we can see -- >> mike tobin? what's happening? >> tear gas is out. there are a couple pops came. that is a flash bang. a lot of flash bangs and a lot of smoke. smoke does have tear gas in it.
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wow. >> do you need a mask, mike? no. i don't. um, all right. a good bit of tear gas went out. sounded like firecracker that's got everything started up here. i don't understand why they did that. people just standing around on the side of the street. why did they fire this? well, there are people who are in the middle of the street, shep. a lot of people in the middle of the street. they've been taunting the officers for some time. they'd blocked the street, barricaded it, if you will, with a bunch of different objects some road signs they pulled off the street. and you heard the order of the officer to mask up. i see them pulling a fire on some of the smaller powder balls i've seen those before. a lot of flag ban-- flash bangs
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going off. you can see how much of it is out there. another flash bang. they cleared out this area pretty well. shep? >> they, it's clear they did clear it out. on the earth end of the street, steve harrigan, on your end, what's happening there? >> we have a daredevil here, in a civilian vehicle. he's faced off alone against a line of four-deep police, including s.w.a.t. vehicles. they're trying to get him out of the car. >> step back. >> steve harrigan is on a remote unit. some times, cameras go down. this is a camera just down the street from him. do you see him, he's talking about the daredevil. steve you're live, go ahead. >> someone tried to challenge the police line with a civilian
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vehicle. he was pulled out of the car. and handed over to the police. >> what did he do? >> what did he do? >> he just drove his car down the center of the road in a faceoff against the police i'm not sure what his goal was. he is carried away in flex cuffs right now. >> i'm assuming everybody was down where the tear gas was now moved to where you are, steve, is that fair? >> no, they're still down there. i think tear gas has attracted some of the people. they want to take a look. and they're moving actually towards the tear gas if you can understand that. just one point to keep in mind numbers, earlier we saw perhaps a thousand protestors around twilight. a lot of families
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now, mainly young people let's keep numbers in perspective. on this end of the street probably 150 protestors, max. so when you're talking about a city burning or on fire, we're seeing very few at this end. probably 400 police. 150 protestors. >> cameras can be ill lumnating and they can distort. we're watching the police with flash bangs and all the rest. then, residents trying to keep the peace others many are from outside, running around in a hooligan sort of fashion and hundreds of media with cameras it seems like if there weren't a sad beginning to it all, a horrible comedy of the absurd.
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>> of course steve's camera? there it is. you're back. >> i'm sure priced arm chair quarterbacking. why there is not much of a draw down or a pull back from the line of police? seems they can perhaps diffuse the situation a little bit. doesn't look like that is the intent we can see tear gas at one end of the street. if they wanted to clear out protestors they can do that in minutes. we can see a s.w.a.t. truck, dutch. looks like it's going to drive into the crowd. often, officers coming out of the -- oh, another driver is -- i mean, the chaotic situation here speaks for
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itself, shepherd. looks like a s.w.a.t. truck is getting ready to go. they'll drive into crowd in a number of s.w.a.t. officers will leap out of the back and apprehend an agitator. we've seen that once or twice. it looks like we're perhaps going to see that in -- coming up. >> i'm watching on the other end of the street now. mike tobin's camera. stuff is going off again, mike? what is that? >> yes. okay. it's getting more hairy out here. police say there is a guy with a handgun off, actually to your screen right. and that is why they're in that position by behind the brick wall. they're looking f him. we heard a number of pops, to me sounded different than firecrackers coming from your screen left. and in response to that, officers fired out noernl flash bang. you can see behind the tactical
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vehicle, there is a number of them looking into that direction. now got a crowd of people running across here into the path. the line between officers. >> well, they're going to be heading into -- i can see more tactical vehicles in that direction. >> all of those have left harrigan's area and have come to yours. >> i see numbers increasing. >> looks like there is a guy with a gun out there. >> i'm going to go with two right now. the police say off to the screen right, is someone with a gun. what i seem to have heard is to screen left or straight ahead there was gunfire back there that drew a lot of police activity. a lot of attention from the police. you can see them looking kind of in the backyard of some the houses sort of down by the
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river. they're firing off something in that direction, shep. >> how did police come across this guy or guys? do you know? >> that, i don't know. whatever is going on ahead of you, whatever is going on ahead of you, straight ahead of the camera, that seems just to be the sound. we heard gunfire. didn't sound like firecrackers. they're telling us to get back. all right. >> he said those were real gunshots. >> yeah. >> those are real gunshots. that is what i thought. it sounded, a lot of tear gas into this pocket. wow. so, we take, we're initially hearing flash bangs and tear gas now, police say someone
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justifijus just fired a weapon. >> yes. that is consistent with what i heard. man, i got a lot of tear gas. >> please send gas masks to mike tobin and steve harrigan. >> we heard gunfire from the east side of the street. police telling us that over here on the west side of the street, there is someone loose with a handgun. and they're in pursuit of both of them on opposite ends of the street. that is part of the reason you have a big presence of police being active now. my face is on fire, shep. >> state right there. mighty mike tobin covered the middle east for us and finding himself in a world of hurt right now. steve harrigan has done the same. looks like the people that were
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there, the circus moved down the street, if you will. >> shepherd, you'd think the threat of gunfire and tear gas and s.w.a.t. teams racing down the street would drive people away. it's having just the opposite affect on the few hundred still out here, they're making their way as we are towards that tear gas. >> that sounds weird, steve. part of it for the crowd is excitement. part of it is anger and frustration. there is an element of the chase involved now. >> you're about to get to an area on mike tobin's camera. you can see all of the, once you
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get here, keep your camera where it is if you can. you can see the authorities here, you can hear mike tobin coughing in the background they've set up a response to someone firing a weapon. if you can communicate has this been a change? >> no. we've got police looking at both sides of the street looks like they're using their vehicles for cover. looks like interest is on the east side of the street then west side of the street. we heard there was someone with a gun on the west side of the street we heard gunfire coming from the east side. that seems to be where they're paying the most attention we're on the ground right now to avoid possible gunfire. if indeed it flares but i can tell you that the closer you get to the ground the worst -- worst
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gas is. >> this is steve harrign's monitor. looks like forward progress stopped. >> right. they've reached the goal of the edge of the cloud of tear gas. that stopped most of them but we have a lot of protestors with bandanas on now. they're starting to suck in tear gas. >> oh, oh, we're starting to get it, too. just once again, shepherd, i know we've mentioned this before. let's take a look at numbers here. that is just -- hold up a second we're probably seeing 200 cameras, and i would say about oh, oh, 100 protestors 2 to 1 media. and probably 500 police.
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so police media protestors in that order here in a c tear gas here in downtown ferguson. >> one police officer to each member of the media and public. >> that is what it looks like from this vantage point, shepard. >> wow. >> this is right now. >> you have this, this is right now a media event pure and simple. this is people running towards tear gas, running away from it. the big any fied -- dignified proet wre protestors went home at dusk. this is just child's play here. >> i'm on tv right now.
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>> i don't give a damn you're on tv. i don't care about that. >> oh oh. >> who got shot? they're shooting at us >> we're out here. >> it don't matter. >> we're out here with tear gas. >> we see this every day. this is just child's play? who is a child? right? >> you know -- our viewers did not hear all of that because we're on five second delay. i'm going to give steve and the crew a minute to calm that down. you know? this is what happened. when our bright lights shine sometimes you're there because a young man has been shot and killed and there are differences about how that happened. whether a police officer should
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be held accountable for actions on that given night. an investigation is underway the president of the united states has spoken the attorney general is headed there three autopsies being performed. now, on one end of the street, mike tobin is on the ground with lights off. as authorities look for someone who they believe may have a gun. and our steve harrigan trying to explain the reality of what's happening now that in the middle of the night a bunch of people are out for a show. it feels like in instances it's kind of our fault because those who have a vested interest of what happened are at home and in bed. there we are with the tear gas and the what at times seems like key stone cops and media. and the cameras. it's just. i don't know whether we should just let you go. and handle it as best you see
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fit. >> what we're seeing here and sensing is a real sense of anger from a lot of people who are still out here. and frustration is probably built over a while. but there is different groups in among these protestors with different goals. and we have seen a real effort by them to try to keep things peaceful, keep people on the sidewalk, things like that. >> i'm going to tell you what happened down there. first, i tried to tell everybody to go home. after that, i started to see reaction i asked questions i asked what do you want to do right now? what are you standing here right now are you just going to stand there and have this happen? >> let me ask you. is what you're angry about being told to walk around? what is your source of anger? >> my source of anger?
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is my people, black or white, blue, or brown, hurt. and that is why i ask those certain questions to them. why are they standing there? they can go home? >> what are you prepared to do? what, how can you fix this? what are you going to do? >> what i'm going to do is stand here with my people every night and all night, no pillow, no covers with my twin or my brother. >> we'll toss it back to you. >> steve harrigan amid the trouble in ferguson, missouri mike tobin, looking for people that may have a weapon. what happened? >> it seemed to have eased up. if you have officers here looks like they're relaxed. looked like they're going to pull out an armored vehicle the number of officers decreased
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in this area. and kind of emerging from the back of this house is like a lot changed smoke went away and a number of officers went away. looks like more tactical vehicles showed up. it doesn't look like they're on alert for a major threat at the moment. >> makes sense. they're edgy. you can see them moving fast. looks to me like they're ordering them to get in the vehicle and they're about to pull out. so whatever they're after here seems officers don't feel is here anymore. it's aproblem they want to deal with at the moment. >> someone, somewhere is in control? >> back towards harrigan's direction. now, immediately, there is still tear gas out here. immediately to my south you can
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see a large number, here comes a tactical vehicle from north heading south. you can see how many officers we have here lined up at this truck. in fact, they're all lined up behind it. and one side, tell meez they think there is a threat. let's move fast across here. >> mike tobin, thinks steve harrigan is coming upon a group of people. we have to take a quick break. coverage continues in just a moment. introducing chico's leggings. every style's a showstopper! with fabrics that flatter and prints to go wild for.
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more now on the shooting of unarmed teenager, michael brown. on the wall here a sketch of where the bullets hit. according to this private autopsy michael brown was shot at least six times, including twice in the head. experts say the bullet that killed him went through the top of his head they say scrapes on the side of his face likely happened when he fell and hit the ground. remember, witnesses, people claim to be eye witnesses say that brown's hands were above his head at the time. based on the wound on his right forearm, pathologists say they do not know whether his arms were in the air or in a defensive position or if his back might be turned they say they can't know.
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no doubt a big question that is unanswered let's bring in sean parcels now. he is a forensic pathologist that worked on the autopsy of michael brown. sir, thank you. >> thank you fog having me. >> much has been said whether there was a struggle prior to this. if there was, as this caller who purports to be a friend of the officer has done the shooting if there was a struggle in the vehicle, and the gun went off, would there be residue? would you be able to know that? >> there would only be residue if the gun was pointed at the direction of mr. brown's body. if the gun was pointed say towards the floor board, then there would be gunshot residue
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towards the floor board. the other important thing is looking at the trajectory of the bullet that went off in the car, and exited the car. so if it actually didn't hit before brown and went down or went up, say out of the window, it would be important from a ballistic standpoint to understand that to help reconstruct possibly what is going on during the struggle. >> the sketch on the left-hand side of the screen now is my understanding well, your reporting that the bullet wound on the top of his head is one that killed him. is there a, an assessment of how the bullet may have hit his head in such a way? >> two bullet wounds that hit the head had to occur as mr. brown was falling towards
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the ground. so in other words he is falling going forward as if you're just standing up ask start, you faint and fall forward you know, the head had to be down at such a degree that shots were able to come in at that particular direction. and as i said before, when you and i were talking the abrasions that occurred to the right side of the face around the eye and cheek is consistent with him falling and hitting the ground, consistent with the video that i saw of his body laying in the street and his face being on the right side. >> as for what you're missing what would you need for your autopsy to be more complete? >> we really need to review the first autopsy's report, photos, clothing of mr. brown,
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toxicology report that comes back. we also, it would be helpful to talk with the original pathologist about what his findings were so we can question him. it's also very important to understand reconstruction of the crime scene the car, the shooting scene itself from the car to where before brown's body was found and collaborate witness statements i mean factual witness statements not the friend of this officer, but the officer's statement, himself. and then, also, any witnesses that saw it, and allowing the attorneys to really filter through to say that you know, hey we've got ten people saying this but five of really credible. and when we get that information then, the doctor and i can start piecing together what happened. >> witnesses say first deceased
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was running away from the officer, that shots began to fire then, and then, the deceased turned from your autopsy is it possible that shots reached the deceased while his back was turned? >> no. forensically that is possible. that particular shot occurred on this part of the arm. so if you will, when i turn it like walking, same thing, that part of the arm is exposed. >> i appreciate it. we'll be right back. time has fit it's match. sargento cheese snacks a natural source of protein and calcium. choose our family's wholesome natural cheese snacks. sargento taste the real difference.
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central time tonight. joining me is nicholas spitzer, it's stl today.com we've been reading it. thank you for being here. it's sad to see this going down out there. it's like no, you can't stand still. they stand still, they fire tear gas and it happens again like a broken record. >> yes. shech shep, this goes on every night the same show every night. and people keep coming here, it's the same thing, tear gas goes out. people go back. they keep coming back. sometimes there are rubber bullets and big police demonstrations. when police haven't been here there have been riots. this is a nightly event. everyone is wondering when it will stop.
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>> in daytime seems to be a different group of people. >> yes. that is one of the concerns that the governor put in his order calling in the national guard is that he's concerned people are coming from outside st. louis, outside of missouri, coming from other parts of the country to either rile people up or they're criminals so during daytime, everything is calm. when the sun goes down, the place looks like a set from the old west. cops on one side of the street protestors on another side. they're coraling them. often times, will be a showdown, or a stand still, and people keep waiting. we keep doing this night after night. >> they had different tactics this afternoon. you know? it looked like it was working. they made them keep moving. aclu filed a protest against that and a federal judge
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according to the reporting of your newspaper struck it down tonight. what happened there? why can't they make them move along? >> they asked for a temporary restraining order the judge did deny it saying it's violating their rights to due process but the argument on the other side is that this, these demonstrations have been causing such a problem and unrest, that they have to do something. because the governor nixon put an emergency order in they have power to keep people moving and keep people from hurting themselves they want people to be safe. when you have this event, some protestors are peaceful. coming night time, many have guns and things get violent people get concerned. that is why you see them going in sporadically if they see or hear something, they're trying to figure out what is going on,
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and what other people who are unfriendly protestors are doing. just becoming this big, toxic atmosphere. i think politicians looking at it last week, they needed to bring the military in this situation the next night this was looting in the streets from store after store. police stood back and allowed it to happen, then came in. everyone said they cannot allow people to keep going into businesses they have to protect property. i don't think people have seen them in the streets a lot. >> who is in charge? of what's happening on the ground? do you know? >> well, you know, it changes by the day. first, the st. louis county police were in charge.
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then, governor nixon came in. he's giving power to missouri patrol. and now, you have the national guard involved and you know, i assume the governor has some role in telling people what to do but there has to be a commander here. captain ron johnson of missouri highway patrol trailer has been trying to be in charge he has been for some time for this last few days but it's really, you have no idea. there are different police here. and different units here. it's become like a police state here. you have protestors and people who are wanting to demonstrate they believe that they want to show cops are too violent or target black then. that has become a big issue here. you have this toxic mess we're waiting to see when it ends i may not end until we leave. >> i was going to ask you. i had a feeling at times we've
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served a useful purpose and get facts to people about what it is their leaders are doing. i just wondered if the collective we aren't a big part of the problem. >> at times you think it's a side show you know? everybody is on twitter. posting pictures and it's the same thing, shep. it's every night. and this is gone on, this is eight days now. cincinnati had riots in 2001 that lasted nine days maybe it will go all month, all year unless someone decides to go home you do have events where people will be injured you see pictures first on tv. there is a lot of smoke. a lot of tear gas. there are a lot of different reports of gun shots and whatever. throughout all of this, no one has been killed other than young
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man everyone is here trying to get some justice for is what they're saying. that is really the issue. you're seeing very few arrests. some people are clamoring to see more arrests. i think some people are sitting back, i am, i've been believing there has to be a better way to solve our racial problems than a street in missouri every night, fighting. >> i agree. you thought about and your paper wondered what it is the presence of eric holder will do? >> well, sure. he's coming here on wednesday. that is another layer of government been involved in this. the federal authorities are doing some independent investigation outside of the area and politicians are fighting now the governor, nixon got into it, county prosecutor in st. louis county was upset that the governor did not tell him he was
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taking action here. and they have been arguing. now, a lot of protestors want the st. louis county prosecutor removed from this citing other issues and cases in his past involving black men who have been shot by white police officers. and so, it's really a mess. nobody seems to agree and you have politicians differing. you have police officers getting very upset with the higher ranks saying that they're not protecting them they want them to de-militarize. so that is what we have. everyone disagrees protestors disagree politicians disagree. that is where we are. >> i wonder how, it must be a huge stress on the community. you're not just reporters there, you're members of these communities
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i wonder if it isn't getting to be taxing and old. >> well, shep, i'm from st. louis, i have been here all my life. i've been here ten years now. and i have never seen anything like this. it's tiresome, going on every night, it's on tv every night. local tv every night. we're watching the same thing. maybe after a while when it doesn't seem interesting, maybe cameras will go away maybe we'll go away. and if people lose interest, until something happens maybe we'll be back here at some point. i don't see an end to what is going on now until people get together and figure out a better solution. it can't be this every night, people are doing the same thing, firing the same tear gas, and chanting same slogans and making
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the same threats. >> i hope it doesn't end in something very tragic. as i mentioned, stl today.com. to you and your colleagues thank you very much. our coverage continues right after this 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... one-seventy-five a month. good calculating kyle. good job kyle. you just made partner. our best-ever pricing on mobile share value plans for business. now with a $100 bill credit for every business line you add.
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it sounds as if police believe there is a man with a weapon out there. mike tobin is crouching tobin, hidden suspect at the moment. mike what you got? >> seems like the activity is centered around the red's barbecue restaurant they broke a window to go inside. for a while there, whatever is going on, activities calmed down. they're clearing out the area saying it's dangerous and hot. i can tell you they put away non-heathal weaponry. they're taking it seriously. they had the rifle, or ar 15s, and i see another large presence of the police, looks like they're at that river, just before you get to the quick trip restaurant and they're, the quick trip mini mart. they're lined up behind tactical vehicle.
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using that tactical vehicle for cover. so indicates they believe an active gunman is in the area here to the east side of the street. that is where we have the red's barbecue restaurant, shep. >> the quick trip, that is where they fired off tear gas. looks like they're putting up crime tape now, huh, steve? >> they roped off an area for the media saying anyone not in the media still out on the street will be arrested. so there is a push forward now by the police and by the s.w.a.t. teams, they're trying to drive everyone who is not an accredited reporter out. they have made progress, i'll toss it back to you. we're going to make our way down to the main street to see how much the crowd dispersed. >> sorry, sir. sorry. yes, sir. all right. >> thank you. >> thank you. >> this is another new tactic in a series of new tactics first, the media and the people
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who are out there can march along together but nobody can stand still, including the media. then, they broke that. and everybody just stood around and they fired tear gas, then, maybe someone had a gun. people had to clear that area. now, they're making a sort of a area just for media to arrest everybody else. that is mike tobin there is another way? >> the street is largely clear. it's a ghost town out here. we're watching the situation. if there is a standoff, they're taking their time trying to get the guy out of the barbecue restaurant. >> it feels like whoever is
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there has gone back home. and are watching us watch us on tv. >> i'd say it looks like things are over. i think most have dispersed and they've weeded out police have quite a bit. i think this might be it for tonight. >> we can hope so. i guess the tear gas dispersed and the crowds are thinning. now mike tobin, just a matter of finding if there is someone with a gun. has someone seen this gun? we heard the shots. >> i didn't hear any shots. >> no, earlier. >> oh, yeah, earlier. quite a few shots. particularly from one side of the road. from my observation, it wasn't
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an idle thing they were going after. it was a bit hairy for a moment. >> there is breaking news and we will have it for you after this. 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.
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nbc confirmed but has no details. peace talks continue. that's according to officials mediating the talk. they made the announcement minutes before the truce was about to expire. netanyahu says his army is to quote, take very strong action, if hamas begins sending its rockets again. meantime, top united nations official in the mideast is calling the destruction in gaza, quote, unprecedented. ukrainian officials say dozens of people died when rebels shelled a convoy carrying refugees. they say itt happened where people have been route electricity or running water for weeks. women and children were among victims in this attack. the rebels claim no such attack happened but if there was one, ukraine's military would have
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been responsible. there is a government offensive to gain ground from the rebel. that convoy is about 300 russian trucks. we've been reporting russia claims trucks are carrying much-needed supplies. ukrainian officials warned the trucks could be a cover for russian military operations to help the rebels. either way, they're still on the russian side of the border. here at home, relative calm this hour in ferguson, missouri where the national guard and police are out. some rioters from other cities are in and some locals tried to keep the peace all night long. in the wake of the shelling and killing of ununarmed black man a week ago. i'm shepard smith, fox news, new york. ♪ ...pulls you back into your lane... ♪ ...even brakes all by itself.
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trouble. >> it's 11:00 on the east coast, 10:00 p.m in ferguson, missouri. we continue coverage of breaking events in that town. there appears to be yet another stand off at this hour between police and the crowds. once again, protesting a shooting death of an unarmed black man. leaders are working to prevent the protest spiring into another night of violence a live look as darkness began falling on the city of 21,000 people. up until the last ten minutes demonstrators remained peaceful in contrast to recent nights. within the last few minutes, the crowd ran into a line of police officers and tensis
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