>> you are watching an early edition of "fox & friends first" on this tuesday morning. i am heather childers. >> i am ainsley earhardt. >> violence in ferguson, missouri, again overnight. >> the presence of national guard troops not preventing new clashes with police as you can see in the video. gun fire in the night. two people shot. police firing several rounds of tear gas into the crowd after protestors through bottles, rocks, molotov cocktail systems. >> derek tenney is live with

highway patrol just held a press conference. what are they saying now? what's the latest? >> captain ron johnson addressed the media thin that he said the arrested 31 of the protestors this evening. as we have combn reporting all week we have the two groups through out the protest those from the community which are mostly people and many outside of the city outside of the state that come out at night and cause more of the violent protests. the police, captain ron johnson was saying of the 31 arrests they have many came from as far away as new york and california. he also display placed a molotov cocktail from the protestors as well as two hand guns. two people were injured last night. they were shot. no details at that time. they did ask for protestors. he requested they do that during the daytime.

he elaborated on that. ers protestors don't throw molotov cocktails. they are engangers lives and property. >> the eyes of the nation are on police and the media. they hope the situation resolves itself. they do know eric holder will be coming to ferguson tomorrow on wednesday to meet with detectives to see how the investigation is going. we know grand jury is expected to be meeting on wednesday, tomorrow to determine whether or not charges should be brought against the officer who shot and killed michael brown. ainsley? >> thank you so much. >> take a listen.

>> all of us were thunder struck by the pictures we saw. i mean, the over mill tearzation, the guns pointed at kids in the street. all of that instead of wraching down brought emotion up. >> the military violence is making it worse. but governor nixon is the one who ordered the national guard in to come and help out. we are joined by rod wheeler. after what we saw overnight do you agee with the governor? >> no, i don't agree with the governor. i was there in furgason all this will past weekend. it was the governor after he arrived four-days after the events started that he called out the military. he was the one who brought in the st. louis county police. the police came in with all of their heavy military and

artillery. for the governor to make this statement it is surprising. there has been a lot of antagonistic behavior between the rioters and the law enforcement agencies. the governor can't put this off on anybody else. he is chiefly responsible for what's going on out there. >> who should be taking control here, there's so much confusion. i feel like there are so many back r cooks in the kitchen. you have the governor speaking highway patrol. who should be taking control here? what is your experience? >> that is why this situation has blown up. you have so many people out there you don't know who is in control. he fulls the furgason police

department out of the scene. when he gave the press conference he and the state police were at completely different odds. you haired the governor say he didn't know why the tape was released. that is because no one knew he was in charge. i think the person or the agency that needed to take the lead on this should be the st. louis county police department, because they are the ones that have the most people there on the scene. >> the president blamed black violence on poverty. on special report they talked about the comments. let's listen to this then i don't wa want to get your thoughts. >> he ee kwifl lated poverty to black poverty. was there less racism or poverty in 1960? this is about black behavior it needs to be addressed head on.

it's not attitude toward the criminal justice system in the neighborhoods where young black men have no sense of what it means to be a male or what it means to be black. he needs to talk that head on not dismiss it as a product of poverty or racism which is a dodge. >> i don't agree with the person that was just speaking. i think the president is on to something. there are a number of variables and racism is one of them. poverty is one of them. under employment is one of them. the same people that is out there protesting now these are the people that were dancing in the street when president obama was elected. now these people are dying in the street. i think all of these variables play a role in this. when we look at cities like jersey city, new jersey. we are only one bullet away from what's happening in ferguson in several cities in the united states. we must address it and meet it head on and talk about solutions. >> you think it will die down

eventually over the next few days? >> i do. i think it will die sdroin actually. i will tell you exactly when it will. after the funeral at michael brown, although i suspect that evening after the funeral there will be more rioting but not only that once the police officer is criminally charged if he is criminally charged i think it will die down. it will take both of those things to happen. >> rod wheeler thank you so much. thank you for waking up so early to be here on "fox & friends first". >> a friend of the officer who shot michael brown is speaking out. a woman called into kftk radio and described the shooting saying officer darren wilson was bum rushed twice by brown. >> michael bum rushes and shoves him back into his car punches him in the case and then

>> the radio station says the caller is authentic. we will talk about it later in the second hour. >> michael brown's mother demanding officer darren wilson be arrested. the attorney says result the from the private autopsy shows brown was shot at least six times including twice in the head. he says this backeded witnesses accounts and should be enough for arrests. >> the autopsy will conclusively show multiple witnesses who said he had his hands up, had bullets

on the back of the hand. it confirmed he was shot multiple times and that was very troubling to shoot an unarmed teenager in broad daylight. we want to know more about the shooter. we hope in the days to come it will be transparent and we will know erg about the police officer who shot and killed michael brown. >> the family ordered that private autopsy because they fear the results of the county's examination could be biased. >> president obama calling for calm and healing in ferguson as attorney general eric holder heads to st. louis tomorrow with the fbi. leland vitter joins us with what the president has to say as tensions continue to rise. >> absolutely continuing to rise. the president says he is watching these events carefully and closely. he was also careful to say the least in his comments being ferguson yesterday. he said he was watching the

events as they unfold but he was watching about the governor's decision to call in the national guard. he pointed out while peaceful protesting is protecting in st. louis continued violence by the protestors is unacceptable. the death of michael brown is a major topic in washington. the department of justice has its own investigation. 40 fbi agents are on the ground in missouri right now canvassing the area there and talking to witnesses and others. they need to let that investigation run its course. >> i have to be careful about not prejudging these events before investigations are completed, because although these are issues of local jurisdiction, the doj works for me and i have to make sure i don't look like i am putting my

thumb on the scales one way or the other. >> the criminal investigation is led by the police chief who turns his findings over to the local prosecutor a man by the name of bob mccullough. he is going to decide about a possible inp indictment. those run the gamut all of the way up to murder. it is possible both investigations could clear the officer involved. the justice department decides their investigators perform their own autopsy. the attorney general lands in st. louis. >> lee p laleland vitter, thank. >> is the calm in ferguson enough? krauthammer says he needs to be speaking out more. >> the actual pro vok teres who

throug cocktails which is dangerous stuff and the rhetorical pro vak tors assume it was a racial deal they fan the flames. the president should have come in. he gives his usual soothing everybody has to heal. he was say if there was improper conduct on the part of the police they will discover it and justice will be done. >> our team coverage of the violence in ferguson continues. >> in the next hour we are talking about a radio host who has been there on the ground since the beginning. right now we are going to take at other news that is happening this morning. you may not recognize his face but you know his voice. >> the man who was the voice of

"saturday night live" for 38 years has died at the age of 96. pardo's kau regan in 1940. he moved to the price is right and jeopardy. in 1995 he brought his voice to snl and announced 38 seasons worth of shows missing only 7. he is survived -- or season 7. he is survived his three daughters and two sons. a power outage of a famous park killing the thrill of park goers when several of the rides shut down mid ride. one taking a selfie when the iron dragon stopped at the bottom of the large crime. you can see the look of horror. everyone was safely rescued. a faulty cable caused the outage. it will be riding as normal. >> a great pick only because they were okay. >> voters in alaska and wyoming

head to the polls for primary elections. one of the closest watched races for allasklaska's next senator. dan sullivan facing off against joe miller and mede treadwell. out fundraising his opponent but with sarah palin backing miller it could be anybody's game. one of the most vulnerable democrats in this election. in wyoming he is seeking his 4th term enjoying a considerable league wi lead with over 4 challengers. it is a state where republicans out number the democrats nearly 3-to-1. >> it is 14 after the top of the hour. moments ago captain ron johnson will he make it whole again in ferguson. >> does he really have a case

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>> protests continue overnight in ferguson, missouri, t. the question many are asking who needs to take responsibility for all of this acould -- chaos. joining us is conservative radio host charles butler. i would like to get your answer to this question, who should be held responsible? >> i thinkz the people of ferguson should be held responsible for the rioting and the vie lengths that is going on there. certainly there's enough blame to go around. the police department should step up and take responsibility as well. this problem in ferguson has been there for a long time looking at the demographic, looking at the unemployment. looking at the community involveme involvement. >> there are a lot of outside sources coming into ferguson giving their opinion on the ground.

want to take a listen to what jason riley from the wall street journal had to say last night. this was on special report. take a listen then i want your response. >> there's also this false narrative being pushed out there by folks like eric dyson and sharpton and the rest of the hustlers is black men live in fear by being shot by cops in these neighborhoods. cops are not the problem. cops are not producing these black bodies in the morgue every weekend in chicago and new york and detroit and so forth. that's not cops those are other black people shooting black people. >> false narrative, what do you think? >> definitely. when i worked at wbon on 87th street in chicago. every night i came home i was looking for the police to protect me because blacks were shooting blacks. you pull up to a stoplight. he is right on point about that. sharpton and others are part of

the problem. black people need to step up and start acting like first class citizens. this is not the 60s. we have civil rights. we have opportunities and we need to take advantage of it just like other blacks who come from this country do in the caribbean and africa. >> is this the president's role to get involved in this? should he be sending a different message? what about eric holder's role. >> where is the hope and change president obama promised. those who have the most to empower themselves. these people went out and voted for mr. oesh 98 percent and they are reaping the benefits for voting for obama. i can tell you that reports that came out last week illegal immigration will impact black americans more than any one else if this president has amnesty it will further put blacks down the line. >> thank you so much for joining

us. appreciate your insight. we will check back in with you as well. >> thank you, heather. >> we will be right back. stay with us. much more.

>> the wife of a missing u.s. marine found dead. her lover is now charged with the murder. her body was found in a mine shaft near 29 palms california. christopher marie was found. >> president obama hailing the success of iraqi forces who rae captured the mosul dam.

they are working together to repel isis. he did warn there are still more work to be done. pope frances is endorsing the use of force to stop isis in iraq. they say religious minorities must be protected and international community must intervene. >> vowing to fight the abuse of power charges against him. >> casey ceiling has more on governor perry's indictment. >> the 2016 presidential candidate, his next photo op may be at a police station. he could be booked finger printed and have a mug shot taken after a texas grand jury indicted him on allegations of abuse of power. charges his legal team calls outrageous. >> at the end of the day he will prevail because he's on the side of the rule of law. >> the felony indictment stems from the arrest of this woman,

texas district attorney rosemary lindber lindbergh. >> last year she was arrested for drunk driving. she had an open bottle of vodka and blood content was more than three times the legal limit. governor perry called for lindbergh to step down. she didn't. they had funding for a program her office oversees. >> i stood up for the rule of law in the state of texas. if i had to do it again i would make exactly the same decision. >> the prosecutor called it an abuse of power. >> it was about the intimidation before the veto. >> the charges prompted an outpouring of opposition from some who say the case against perry is weak. >> democrats in the state legislature did nothing about it didn't try to over ride the veto speaks to what the problem is

here. no arrest warrant has been issued he can travel and freely something he plans to do to visit three major primary states over the books over the next two weeks. >> casey stegall, thank you. >> the time 27 minutes after the top of the hour. michael brown claims the autopsy is proof he was shot in cold blood. >> remember this guy he was banned from a theme park because of a patriotic t-shirt. a major update to his story.

lehmberg. >> welcome back to an early edition of "fox & friends first". >> the national guard troops are in missouri right now.

the violent clashes are continuing at least for another night. police arrested 31 people as the mandatory curfew was lifted last night. they were forced to fire tear goose into the crowds after protestors were throwing frozen bottles rocks and molotov cocktails at them. gun fire also injuring people. they held a news conference. what are they saying now? >> ainsley, police captain ron johnson says they were also leaving fireworks last night against the police officers there. they were hoping with the curfew lifted with the national guard being in place this would make a difference. sadly 31 people were arrested. two people were shot. they recovered a molotov cocktail as well. many others were thrown. they recovered two guns. two people were injured.

things could have been much worse last night if it wasn't for the community of leaders who put themselves directly between police and protestors. they were telling them to go home and be off of the streets. captain ron johnson says this is going to take a group of fort of many different group complunities and community leaders to be able to resolve this situation. here's what he said. >> i am telling you, we are going to make this neighborhood whole, we are going to make this community whole and we are going to do it together. i am not going to let the criminals that have come out here from across this country in this community to find this neighborhood and define what we do to make it right. >> you heard him mention criminals from across the country. he said of those arrests last night some were from as far away

as new york and california which goes to what we have been reporting on this past week you have many people not from this community who come out at night to be able to cause the violent protests we have been seeing here. their goal is to be able to get those individuals off the streets and allow those who want to protest peacefully to come out during the day and to do so. many are calling for justice. eric holder will be coming to ferguson on wednesday to meet with federal investigators for an update on the civil rights case to see if charges should be brought forth against that officer and locally a grand jury will be reviewing evidence. the charg -- to see if that pol officer should be charged. eric holder heading to st. louis to meet with city officials and the fbi. this as president obama calls for calm and healing in

ferguson. lle lleland vitter with more on what the president said. >> the president was careful to say the least about the comments against ferguson. he said he didn't want to tip the scales of justice especially now that there is a department of justice investigation ongoing. he also said he was closely watching events including the governor's decision to call in the national guard. the death of michael brown is now a major topic in dv. the department of justice has its own investigation into the shooting. right now we are told at least 40 fbi agents are on the ground in missouri canvassing talking to folks in that neighborhood. it is a civil viefts gages to that. president obama said it needs to run its course. it was pointed while peaceful bro testings is a right to continue violence by protestors is unacceptable. >> i understand the passions and

the anger that arise over the death of michael brown. giving into the anger by looting or carrying guns and even attacking police only deserves to raise questions and stir chaos. it undermines rather than advancing justice. >> the criminal investigation into the shooting is led by the st. louis county police who turned their findings over to a local prosecutor a man by the name of bob mccullough. those charges could run the gamut all of the way up to murder if indeed the grand jury comes up with an indictment. >> all right. leland vittert thank you very much. the autopsy shed light on leading up to the shooting. joining us is attorney and

forensic expert jennifer bare raj. >> do you agree with doctor bod den's findings? >> he is certainly the most renowned well respected in the world. he was specifically stating that although he did make some interesting findings there were three that were most important he wasn't married to any of these things because he wasn't allowed to look at the clothing and he wasn't allowed to look at the car or anything like that. having just one piece of the puzzle very difficult. >> what were the three findings that were significant? >> the most important thing the first one is the two head shots the trajectory of the bullets seem to indicate the victim was facing downward which leads me to believe it may be a defensive posture. the second one no burn marks on the skin although couldn't look at the clothing if there was

none of that on the clothing he would have to be more than 2 feet away from the weapon as it was discharged. they were discussing there were at least two shots in the right arm which could have meant he was turned away. >> the back of the arm. the back of the wrist area. >> the parents of the victim they want -- they say because of these autopsy findings the witness ktsz have been proven. they say there's enough evidence much the state authorities would not let dr. baden look at the clothing or the police car. can we make certain conclusions from that? >> i think it is over reaching. doctor baden was specific in saying that he couldn't be positive with any degree of scientific certainty. the three things he did say are indicative of these kinds of things but a lot of witnesses said different things, running away, turns away without being able to see if there is gun shot

residue on the car and how much there's no way to tell. >> i know you are close to dr. baden in your experience have you seen something like this where an unarmed individual is shot six times? >> i have a case where my client was shot six times but it is unbelievably rare that a police officer who pull his weapon when the underlying misdemeanor is a misdemeanor. somehow they ended up in a tus el inside the car that could explain it. >> being here so early. heather, i am going to toss it over to you. >> the family of michael brown now demanding the officer who shot him can arrested saying the autopsy backs up witness accounts. what is officer wilson's right? mark fuhrman says every officer has a right to defend himself. >> whether at the robbery or the

contact with the officer he was the aggressor. this officer has some rights, too. part of his job description isn't die on duty. he has no knowledge of this robbery suspect or this young man that is sulting him. now he is on the back in the front seat of a police car battling this individual and now he believes his life is in danger. >> stay with "fox & friends first". we will continue to have team coverage on the ground from missouri through out the morning. >> voters in alaska and wyoming heading to the polls in this stays. one of the closer watches frontrunner and state attorneyt general dan miller and need treadwell. >> they will take on one of the

most vulnerables. enjoying considerable lead over four gop challengers. >> two california teens waking up behind bars in a plot to shoot up their school. the unnamed teens made specific plans to kill three staffers and gun down as many students as possible at south a pasadena high school. they noticed strange behavior from the boys they told police who kept them under surveillance. they were researching different guns and weapons and are a specific plan for the attack. >> the case of a utah woman who drank poisoned iced tea may be a criminal case. a decision expected by tomorrow. a worker unintentionally mixed industrial cleaner into the iced tea thinking it was sugar.

the criminal -- the chemical was put into the bag of sugar a month before and investigators are trying to figure out why that all happened. >> a marine and iraq war veteran denied entry into six flags great adventure in new jersey all because of his t-shirt. the picture of an m 16 when he caught up with mario alejandro over the weekend, he just wanted an apology. >> i ju want to speak to someone to say hey, sorry about the incident. he handled it all wrong apologize. >> now he has gotten the apology. they didn't realize it was relateded to charity. he has been vieted back as special vip guests. >> it is 41 minutes after the hour. a knife on the highway with a

mother and a child inside. see the incredible rescue unfold. >> mac sister known for odd scenes on the streets. guess what is going on in this one w. we can tell you that it is probably not legal.

>> a grandmother and her one-year-old granddaughter are lucky to be alive after a crash. it is all because of one hoarer man. >> after witnessing that crash david frederick son quickly grabbed his fire extinguisher he happened to have one and jumped into action running over to the flaming car. he began pulling out the passengers one at a time. the driver and her one-year-old granddaughter. the baby walked away unharmed

and the grandmother broke her leg. >> sports caster and hall of fame quarterback phil sims may be leaving an important word out of this season's nfl game. sims saying he may not use the word redskins only referring to the team as washington. simms adding he's not taking sides but is sense toif to complaints about the name. cbs and fox which air most games say announcers can decide for themselves if they will use it. >> a colorado teenager shot in the chest for trying to steal marijuana. this man jason losaro shot a 13-year-old boy with a pellet gun for trying to steel marijuana. a pellet went into his chest. >> a drug deal on the streets of new jersey. a user named wow your dumb

making the ditz cover reon google maps where he checks on the streets where he used to score drugs. two men were passing something through the fence. it appears to involve money and some sort of unseen object. >> it could correct our vision in the future. researchers at mit have a vision correcting display that goes on to the screen of a smart phone or electronic device and combined with the new software to correct bad ice site. it copies the image but protects it at a assistance in which the viewer can bring it into focus. very interesting. >> the time 47 after the top of the hour. coming up she says it's officer darren wilson's side of the story. >> all of a sudden he started to bum rush him started coming at him full speed. >> a st. louis radio talk show host also joins you on tus on td in ferguson. that is coming up next.

>> the family of miracle brown getting a heartbreaking letter from trayvon martin's letter. trayvon was shot and killed by george zimmerman in 2012 in florida. his mother saying in part i wish i had a word of automatic comfort but i don't. i wish i could say that it will be all right on a certain or specific day but i can't. i wish that all of the pain that i have endured could possibly ease some of yours but it won't. what i can do for you is what y has been done for me. pray for you and share my continuing journey as you begin yours. zimmerman was found not guilty in the trayvon martin shooting. >> michael bum rushes him and shoves him back in his car punches him in the face and then

he grabs for his gun. michael grabs for the gun. at one point he got the gun totally turned against his hip shoves it away and the gun goes off. michael and his friend and michael starts taunting him, oh, what are you going to do about it. you are not going to shoot me. 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 was just some of the interview from a woman claiming to be a friend of officer darren wilson. what are people in ferguson saying about her claims? ktrf radio host mcgraw mill haven joins us from live on the ground. what are you hearing as a response to what she has to say? >> i think the overwhelming majority of people listen to that and say, that is interesting, but josie, a caller

doesn't necessarily prove anything. we are so yearning for the facts of this we will take anything. but just because a caller calls up to a radio show, while it's interesting it doesn't mean anything. what i think is more interesting. there was a tweet from the crime reporter for the st. louis post dispatch christine buyers she tweeted out police sources tell her more than a dozen witnesses have corroborated cop's versions of events in shooting. that's a credible news woman she is a crime writer. she has police sources who are saying witnesses are agreeing with what the police officers said. that is much more credible than a caller from a radio show. >> one credible news source let's go to one who should be a credible news source but appears perhaps to be biased in some

way. take a listen to cnn don lemon and what he hz to s has to say. >> i don't know what to say to you except every mother in this country and world is rooting for you. you stay strong. you have an entire world around you if you need anything you know how to get in touch with me personally. >> we all feel for this family. this is a tragic incident for both families involved. what can you say about any media bias that you are experiencing out there or hearing? >> i will tell you this, we have given the police officers an impossible task to somehow stem the violence. a anything any of us does to make that harder is getting in in th. some media are doing an unbelievable job of trying to get to the facts. then there were journalists or so-called journalists who work for real network or citizen journalists are getting in the way and making the story about

them. i leave it up to you to decide who is who. >> i was reading what the president had to say. then senator obama in 2008 he said we can continue to talk about race when it comes to speckles like the oj trial or when it comes to tragedy like what happened after katrina or we can do something about it. hopefully this incident we can do something about it. thank you so much for joining us. >> i was going to say this has turned into -- i know you have to go but the anarchists the american jihadists they are not talking about race. they want pure anarchy, that has nothing to do with race. >> we will check bawith you. we will be right back.

>> violent gun fire and tear gas exploding again in ferguson, missouri overnight adding

national guard troops and dropping the overnight curfew doing little to calm all of that chaos. we are lye on the ground with the latest. >> caught on camera the moment a car ignites on the highway with a mother and a child inside. >> whoa, whoa, whoa. hang on. hang on. >> don't miss this incredible rescue. >> hospital habitat. the personal information of millions of americans stored in a hospital data base now in the hands of hackers. "fox & friends first" starts right now. >> and let's get straight to the fox news alert. peaceful protests ee ruchting into anoth-- erupting into anot night of chaos. tear gas and molotov cocktails in missouri.

>> protestors as far away from california and new york among the 31 people raised overnight. rioters getting even more violent opening fire in the crowd and injuring two people. der garrett tinner live. >> they hoped they would see improvement ott on the ground. that was not the case. things could have been much worse if it wasn't for community leaders who helped break up the protests and keep them back from the police and protestors clashing. ron johnson has what police are facing. two of the hand guns recovered from last night as well as a molotov cocktail one of many that were thrown at officers. police responded by firing smoke and tear gas, rubber bullets as well as the long range acoustic device to ea