the volkswagen golf family. motor trend's 2015 "cars" of the year. kelly we'll be with you all night long. >> breaking tonight, violence violence breaking out after a grand jury decides it will not indict police officer darren wilson for the shooting death of 18-year-old michael brown. the officer is white. the 18-year-old was black. welcome to live midnight edition of the kelly file. over the past few hours we've witnessed a series of disturbing scenes. megyn kelly. our crews witnessing windows being smashed, a police car, torched. look at that. a fox news camera smashed onto

the ground we're seeing angry crowds gathering. take a look here in new york city. protestors in times square chanting we are doing this for mike brown. one man in the mix dragged out of the crowd, bloody. large crowds throughout the streets of philadelphia tonight. it comes just hours after president obama acknowledges emotions are running high, and also appealing for calm. and very moment he said that, is the very moment violence really starts to erupt in ferguson, watch this. >> there are issues in which the law too often feels as if it is being applied in discriminatory fashion. i don't think that is true for the majority of communities. for the vast majority of law enforcement officials but these are real issues. and we have to lift them up and not deny them or try to chant

them down we need to understand them and figure out how do we make progress? that can be done. that won't be done by throwing bottles. that won't be done by smashing car windows. that won't be done by using this as an excuse to vandalize property and hurting anyone. so those in ferguson there are ways of channelling your concerns constructively and ways of channelling concerns destructively. >> it's unbelievable. is it not? steve harrigan joins us live in ferguson. >> demonstrators, this is the

first time we've seen the assault vehicles going in. so, the heavy forces now moving in. we've seen riot police trying to pull back from smoke. now, heavier armor going in there probably to try to shut down gunfire going on for about the past 45 minutes >> we believe the guns, you reported someone shot a gun in the air. do we have reports they're being fired at someone. >> seems like these are shots and shots returned. it's been steady several directions. so there is a lot of gunfire down the street. and the presence of the tactical

units with heavy armor makes me believe they're going to try to get the root of the problem, they've been protecting firefighters from looters and attackers. now they're going to try to get to the source of the gunfire. >> are you breathing in smoke now? tear gas? >> it's a gas i think it's from the fires they're needed. this is a cloud here the street is going up in flames. we've seen a liquor store and mcdonalds.

and and then into gunshots we've seen an escalation, police hanging back and what has taken so long? is it that they held back for a while? we saw they were several days in and instructed to stand back. and >> i've got to say a lot of about the way this has been organized puzzles me. this road was not blocked off is baffling why guns have been firing is

balancing nchl three months of preparation we're seeing a situation that is worse than what we saw in august. that is not what we saw in august. this is something different now. >> now who is on the scene? did protestors disperse? whatever they were? >> so we can still hear gunshots in the dispans. we're going to see a march forward to try to perhaps clear it out. >> now, just aftermath. we're going to continue to check

in with you, steve as this situation does not look good. we'll go back to steve as well. keel bring in andel brown and richard fowler live in ferguson. let's start with the aftermath of the grand jury's decision and the scenes right now in ferguson, missouri. >> there is no question the situation destabilized quickly. across the country, there is a lot of people very angry about this, that this grand jury did not come down with an indictment. this is what caused the anger the end of the day, fixed stories two sides of the story should be

heard by a jury. >> but they were. >> talking about official jury trial that there is different evidence and stories. it would have went to a real jury. but that is neither here nor there the mood here is heavy. and while there was efforts for peaceful protests anger has gotten out of control. >> richard but the reason that anger has gone out of control is fire has been stoked by people who refuse to trust in the system the grand jury system. it's the way our country works. and that grand jury met three months one time per week, 12 people in good faith, and 60 witnesses they know more than you do. they said there is no probable cause for the charges who are you to second guess them? >> listen, megyn.

very to respect the rule of law but i've got to tell you. it took 110 days to come down with a decision if homicide where to happen in new york city this would have went to a real jury, a real trial. clearly this prosecutor made huge blenders that is why the people are angry. >> no. >> no. >> lawyers but the people -- >> that is why people are angry. >> the people are being misinformed, richard the truth is that nine cases out of ten, cops, there won't have been a grand jury proceeding. where it's an officer involved shooting nine times out of ten the cop would not have been put through this. they believe the law enforcement officers but in this case it went to another level of review. >> the reason is because of the frustration on the ground people demanded there be a grnd jury hearing now.

you know as well as i do, a prosecutor can prosecute and get charged for a ham sandwich. >> you he has to believe he can prove his case beyond a reasonable doubt. >> that at the end of the day a black man, unarmed was shot and killed in the streets of ferguson. that is why people are angry across the country. >> richard? >> millions of people across the country. >> richard, you're ignoring the fact what the prosecutor told us is that there is testimony that a, that man who wound up shot dead attacked a police officer. after he had just committed a robbery, attacked a police officer sitting in a car. and punched his face and then, ran, turned around and charged the officer the prosecutor said several, several african american witnesses came forward to say they saw the african american 18-year-old coming toward the

police officer. while the police officer had his gun drawn. i'm sorry, but that was the testimony. >> michael brown had his hands up in the sign of universal surrender. if you look at the evidence this prosecutor didn't give the grand jury clear charges. this prosecutor said he wasn't going to go a grand jury to begin with. the people forced him there. >> very to get to andel. richard, great to see you the prosecutor didn't have to take it to a grand jury. should we, should we not live with that decision? >> well, we have to. the issue why people are angry is that they believed from the beginning interest has been deep disrespect and disregard for the

humanity of mike brown his body left in the street four hours and then rolled into the back of a police suv. >> good point. that is something upsets a lot of people and police department wound up apologizing for it. there is no getting around -- >> they should have. >> but that is a different question. >> people see that that is a loud and clear message we do not have respect for this individual. when the community sees that, they believe the state told them you're not going to get justice here. months go by, there are conflicting statements and self-serving information nothing changes their mind set. >> what do you make of the violence? . >> i think you've touched on it earlier. we have here is a powder keg exploding and flames have been soaked, little by little by the events occurring in ferguson from the beginning of the lack of transparency from the ferguson police department to

heavy handed response to protestors to the fact this grand jury though we understand it, many people view it as we had a super process we can't tell you what it is all about. >> don't the folks thinking that way need people to tell them look, you have to trust in the system? there was a full and fair hearing. grand jurors heard the evidence but you can't listen to al sharpton out there saying this boy was murdered by a white police officer who wasn't in fear for his life. >> people are looking with their own two eyes and seeing what is going on here, they see someone shot at least ten times after alleged and that shot at at same time by an officer. >> the officer had month

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live pictures of violent protests as we get new pictures of officer darren wilson taken on the day of the deadly confrontation with michael brown we take a look at the evidence considered by the grand jury. you can see, you can't see much here, the close up photos show what he claims are his injuries and if you look at medical reports they speak about facial bruising now we have oofser wilson's askt. we understand he was told michael brown started swinging and punching him.

mark farman, i want to get you to react to the discussion i just had. >> i don't think there is anything you're going to say to anyone about michael brown being the aggressor. michael brown is the suspect the prosecutor doesn't use those words with you but described michael brown's conduct from the beginning at the convenience store as being aggressor and the suspect. that is why there is not an indictment. when you hear an exchange as we just did, irrational, and completely incapable of absorbing facts that are forensic in nature, eye witness in nature, from the person getting attacked in the car. so there is really no way you're going to get any kind of

reasonable sigh dya log from someone that decided that michael brown was murdered. >> watching on the streets and fires set and looting that has taken place tonight, we speak about the evidence as released in the case including this testimony from officer wilson. to law enforcement investigating the case. i have the transcript here of his police statement. he talks about the moment michael brown left the car. started running away. he says i yelling at him to stop and get on the ground he kept running then stopped he stopped turned and made a grunting noise with the most intense aggressive face i've seen on a person he looked at me and did like a hop like people do to start running. he started running at me, took a right hand and put it into his waist band i ordered him to get on the ground. he didn't. i fired shots. i paused for just a moment yelled at him to get on the ground

he was still charging hands in his waist band, hasn't slowed down i fired another set of shots. still running hands still in his waist band he says he got 8 to 10 feet away and i fired more shots and that was the end of it, mark. >> you know something, you and i talked about this for months and have gone over this scenario. it's gone down exactly like we thought it would go down. and why? because you have little tid bits of information and you can see how you go from one square to the next square and you can kind of see what is going on with the suspect and the officer. but these statements from officer wilson are so important because he articulates everything thing an officer is thinking in those split seconds. he knows the suspects have not been searched. he knows conduct of the man when attacking him in the car was so

violent and also knew he cannot overcome this man on the street if he closed that distance. and then, when he reached inside of his shirt, he saw that he might have a weapon. an in policy shooting. i listen to commen commenters t talking about the grand jury is not actually a body seen as a regular jury would you're right a regular jury would be interrupted by defendant's attorney and this injure had all of the evidence and was not interrupted what sofr. the other thing, mr. mccullough went into detail, he didn't have to do this. but what he gave this case to the grand jury he did something most people don't understand he could have reviewed this shooting, all of the statements

of officer wilson, the investigation, and then, co have said i'm not filing charges in policy shooting within state law, it's done but he gave it to the grand jury. >> right. >> and the people refuse to, some of them to abide by the system as it's been set up under the hands of aor they put in office four times who handled plenty of cases involving black defendants, white defendants you name it. yet sh tonight they riot on the streets because they say this system, they do not trust up next, a look at officer they're coming. what do i do? you need to catch the 4:10 huh? the equipment tracking system will get you to the loading dock. ♪ there should be a truck leaving now. i got it. now jump off the bridge. what? in 3...2...1... are you kidding me?

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we're seeing disturbing scenes of looting and violence

out of ferguson missouri tonight. michael brown's family are calling for calm, we're seeing new photos of injuries suffered that day. trace ghallager is live with more. trace? >> the brown family knew hours before we did that officer wilson would not be indicted now, the family scheduled a press conference for 11:00 a.m . his parents released a statement that reads in part, quoting here we're pro foundly disappointed the killer of our child will not face the consequence of his actions we understand many share our pain, we ask you channel frustration in way that's will make a positive change. the browns go on to ask that every police officer in this country wears a body camera to record their every move, then called for calm, saying we ask that you please keep your protests peaceful, answering violence with violence is not the appropriate reaction.

lawyers for officer wilson also issued a statement saying that wilson did what he was trained to do, saying quote we have maintained and the grand jury agreed officer wilson's actions on august 9th were accordance with the laws and regulation that's govern procedures of an officer, going ton ton say, quote, people will want to second guess the decision. office wilson also called for calm we're looking at injuries that darren wilson suffered during his fight with michael brown. we're told weeks ago he fractured his eye socket when brown punched him. wilson never confirmed that the pictures only appear to show a facial injury. no eye socket injury, megyn. >> that is interesting to note we have that report here at fox

news said a fractured orbital socket as well >> the kelly file got a statement from officer wilson read to us by one of his supporters take a listen. >> to all of the fellow officer wilson supporters thank you for standing up for me during this stressful time. your support and dedication is mazing and hard to believe all of these people that i have never met are doing so much for me. i wish i can attend and meet you, hug you, and personally thank you for all of your continued support. however, for my and my families' safety, i am unable to, thank you for the bottom of my heart and know i would do the same for any of you. >> this as we watch new video. look at fires burning. fires burning, shots fired. stores looteded people running out of a liquor store with bottles of booze. and running out of mcdonalds

with food and other stores that have now been set on fire, we have spoken to local business owners through their representatives and they're angry. and they're nervous. and they're asking why? they have to pay a price? protests from outside of the white house as well. just hours after president obama made a statement calling for calm, after the ferguson decision. these protestors did not hear the calm. i do want to tell folks at home in one case, as someone tried to loot one store, some protestors lined up around them, and tried to stop them. from getting away witness. but you know that is what it's been like tonight. highs and lows some dreadful behavior. as we continue to watch protests on the streets we'll have a live report on what's happening next. she's still the one for you. and cialis for daily use helps you be ready anytime the moment is right. cialis is also the only daily ed tablet approved

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breaking tonight, chaos inferring gus on, missouri, store fronts smashed in. earlier the prosecutor asked about the testimony in particular, from african american witnesses listen. >> are there any african american witnesses that testified michael brown was coming toward the officer when brown was shot? >> yes. ones i mentioned about the ones i mentioned were all african americans that one indicated that he was, came out at full charge and that as officer wilson fired at him, mr. brown stopped and officer wilson stopped shooting.

and mr. brown started charging at him again, mr. wills yn started shooting at him again. so others had consistent stories not just their stories but consistent with several others they're all african american. >> joining me now is criminal defense attorney. >> they're not going to play that for protestors. >> there are protestors and rioters. those people burning down i bet you they don't know the name of the prosecutor. . >> i agree with that. >> i see protestors and i see some who have a gripe about relation was law enforcement in city as cross the country those relations could be improved by both sides working together, both sides okay?

i don't know whether those people know what the testimony was or whether they believe representation by people like al sharpton, who is giving them misinformation. never to be corrected >> people are doing a hands up thing they believe one of the things is that there is not really evidence he had hands up in the air like he was about to surrender when shot. so that is a myth. he said so many people testifying were shown to be lying. absolutely lying. they weren't even there. they hadn't seen the shooting. >> after their testimony. >> other thing is that the grand jurors because they're not skwe sequestered they knew of the potential decision not to sdiet. the evidence must have been so bad they couldn't indict on the lowest count, involuntary

manslaughter, they couldn't even do that because there wasn't strong enough evidence to show a criminal act. not a tragedy, mistake or something went wrong a crime. >> other thing is that have you to look at the officer's state of mind the cop told them get off the street. then, he reversed his car, when realizing these were the guys involved in the strong arm robbery the officer, opened his door and hit michael brown. here is two witness testimonies witness 40. michael brown first approached the cop car the big one hit the door the cop looked po' d. the little one punched a mirror

and told the story about how allegedly it was the cop being the abresor. something gold fell on the ground the big one is half in the window or door, i can't remember but et little one had the cop's leg. the next person says, witness 44 question, okay you're saying he charged? meaning the big guy? >> yes. he like jerked his head forward like instantly and he, meaning the big guy ran to the window like he had something to say to him. meaning officer wilson he appeared to be mad? yes. >> okay. and so what you red, other thing prosecutor told us is that you know the video of michael brown stealing cigars? i was never sure that the grand jury heard the police officer knew that this person had just committed a robbery. he is a suspect. he's not just a kid walking down the street. he's a guy who matches a description of a robbery that

just took place that is why he's confronting this young man. we know that for a fact. so in this police officer's mind, these aren't just two kids walking these 2004 guys and one of them is matching a description of someone just committed a robbery. >> then, according to eyewitnesss he begins a violent confrontation with a police officer we didn't get to the ultimate part is that resulted in a police officer struggling with that man over his own firearm, which he then fired off two times. hitting michael brown in the hand once. and michael brown's blood all over the gun. >> what the cousin of michael brown is saying because of the struggle, michael walked away. and their argument is that cousin's argument is that the police officer is now enraged and he is not acting to protect himself, he's not acting as a mrof he's acting as a guy pissed off.

>> the part of the case that troubled me is that i get everything they're talking about thus far the kid, confrontation at the car. now, officer feels for his safety. and life is in danger then, kid, not a kid, an 18-year-old, hard to believe woe stop, turn around and charged the officer. officer wilson doesn't know he has a gun. why would he do that? that is the part of the cop story that smelled to me this, prosecutor told us is that the witnesses who were credible, including african american witnesses described michael brown as making a quote, full charge at the officer. >> correct, correct, it's a huge point came out. waits a great question.

>> a fox news question. >> okay. >> going back to the fact this is a police officer now who has been assaulted, right? a weapon discharged in his vehicle. he also has to have in the front of his mind he's wanted for robbery. there is three things going on here. which pits a reasonable belief a criminal activity is afoot. he can now pursue him. missouri law is taken a liberal regarding police officers actions. and what actions they're to take. >> a pint is that if we got this case before a real jury, officer wilson would have an attorney that would cross examine the witnesses it would go worse for michael brown's side. >> someone asked me on facebook, arthur you're a prosecutor. would you have gotten an indictment? the truth is that after i saw evidence, and i'm the chief

prosecutor i don't want an indictment very to live with this case and take it to a trial. i need to be confident as a prulter. i can prove this case beyond, correct very to look and say i know i can prove this case beyond a reasonable doubt to a jury. they couldn't get it over a preponderance of the evidence, which is just 50%. this is a case that riddled with inconsistencies and lies. and those nine of the 12 people knowing that is going to blow up and other cities having issues they couldn't say, they couldn't find enough evidence to come up with their lowest charge meaning the evidence just was not there. . >> i feel like the media has an obligation to let folks know what the grand jury based it's decision on. you have the obligation to let folks know what the grand jury based their decision on before

you condemn the grand jury. >> it's a horrible thing >> it's incredible to watch the pictures of burning and looting and shots fired and our reporters finding themselves in a dangerous situation. throughout the past hours we've witnessed horrifying scenes of violence how are the police going to get things back under control? we'll speak with a former fbi we'll speak with a former fbi assistant director and my name's louis,

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there is breaking news in ferguson, missouri tonight. we're seeing a business in flames and more looting on the streets of ferguson. this is auto zone, it s mike tobin is live. mike? >> another mile north of harrigan's position, you can see cars in the distance are the people hanging out of the cars very much celebratory mood, if you will. hanging out of the cars and honking the horns i can show you this auto tire store. i won't say the place is being

looted as much as vandalized can you zoom through the front doors? people under there now. they're throwing things against the front of the window trying to smash the store. see the kids coming out? they're throwing things around looks like they're trying to break it from inside out. someone behind me saying this is justice. so this is their vision of justice. looking up the street here, people hanging out turning this into a bit of a party. >> where are the police? >> you know we saw a large, concentration of police in different locations but at this point it seems the police are letting it play out. we're seeing them over towards chambers avenue. about a quarter mile from me. so the north. and i don't see them here. in the immediate location. >> mike, we'll check back in with you. we're joined by ron hoska

president of the law enforcement fund and aformer assistant director of the fbi and joe hicks vice president of community advocates. joe, let me start with you on looting and fires being set tonight. they say out of frustration with the system. >> you heard someone behind the camera saying this is justice dr. king has got to be spinning in his grave if that is what justice looks like that tramples on the martyrs of the civil rights movement that did struggle for real issues they're trying to overcome. you've got thugs and punches and hoodlums in the street and saying this is justice? in 1992 and 1965 when l.a. went through riots here similar hoodlumism and people looting

and vandalizing stores and acting frankly like idiots >> people say they don't believe in the system. they say blacks are targeted more than whites and have evidence with respect to traffic stops 1, 2, couple incidents in the past cite by the the media in build up to this case they say they just don't believe the prosecutor tried his hardest. >> i think we need some leadership to emerge from this situation. people who can talk to the main stream in the african american community, that can discuss facts like the prosecutor did tonight. i thought he gave a great civics lesson to viewers but you need someone that is going to listen to that. that is our challenge.

to find those leaders and who can have this conversation and law enforcement can regain trust in the communities and have a conversation somehow start fresh. >> you have got joe, eric holder saying our investigation at the doj is ongoing. and the president talking about how there is a deep distrust between law enforcement and communities of color. they're working to train law enforcement to be fair to everyone. >> so when you get leadership that buys into this stuff we're seeing on the screen, in a certain kind of way with obama saying we need police departments or police departments in ferguson to reflect the racial makeup of that community. what is he saying? do we need asian cops to police asian neighborhoods and jewish cops to police jewish

neighborhoods? and black cops for only black? that is a lewd chris notion obama presents here and by senior saying we is to understand the anger of people who felt they didn't quote get justice tonight. that is not helpful. so we have mr. hopkins notion we need leadership. we do, in fact need leadership but not getting it from this administration and people like holder and not obama and major nation civil rights figure who's utilize this in terms of their agenda. mike brown is going to reappear again in the pantheon next to people like rosa parks and martin luther king and other greats. imagine that. trayvon martin is now a civil rights hero. >> trayvon martin wasn't doing anything wrong but michael brown was. >> he wasn't performing a courageous act.

that is what civil rights leaders did you can't say trayvon martin did anything to be considered a heroic figure. nor can you say that michael nor can you say that michael brown stealing cigars the conference call.

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up, you got a couple of them standing sentry in front. and then i ballpark it about eight guys. still, as you see up and down the streets, people driving. peeling out their tires. you get a look at that. the taco bell has been broken into. just over here, there's a gas station. we watched that one being looted. the kids running in through the front door coming out with arm loads of whatever they could carry. we are right across the street from the auto zone which is now pretty much fully involved in flames. the fire department is nowhere to be seen. >> unbelievable. building after building ignites and the police, the national guard that we were told would be on the scene. where are they? where is the fire department? mike will stay with it. we'll stay with you as the evening goes on. thank you for your reporting tonight. i want to tell the viewers, we just got a statement from the faa, it reads as follows.

due to reports from law enforcement of gunshots fired into the sky, the faa activated a temporary flight restriction over ferguson, missouri. only law enforcement aircraft permitted to fly through this area. and it goes on from there. we had heard reports earlier that at least 100 gunshots had been heard. we don't know at whom or where they had been fired but you can see the chaos in the streets of ferlgs. as michael brown's family call for calm and nonviolence in the wake of the grand jury doing what it is supposed to do. listening to the evidence and rendering its decision. we'll have much more tomorrow night at 9:00 p.m. we hope oh, i love game night. ooh, it's a house and a car! so far, you're horrible at this, flo. yeah, no talent for drawing, flo. house! car! oh, raise the roof! no one? remember when we used to raise the roof, diane? oh, quiet, richard, i'm trying to make sense of flo's terrible drawing. i'll draw the pants off that thing. oh, oh, hats on hamburgers! dancing! drive-in movie theater! home and auto. lamp!

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