supercilious. doesn't it sound better? sounds a little snooty. i'm bill o'reilly. please remember the spin stops here so definitely looking out for you. breaking tonight. the protests that started in baltimore have now spread to minneapolis, new york, and the streets of washington, d.c. as we get reports that the city hardest hit, the town that saw arson, assault, looting, and riots just 48 hours ago, may have suffered far more than it needed to. thanks to an order directly from the mayor of baltimore. plus we are now getting stunning new details from police on what they say happened in the case that started all of this. a defense is starting to emerge for the police conduct so under the microscope in this matter. welcome to a busy night on "the kelly file," everyone i'm megyn kelly. we start with new developments an on a stunning report that broke

earlier today. senior law enforcement source telling fox news on monday night as police were being pelted with chunks of concrete bricks bottles, anything rioters could get their hands on leaving some of them hospitalized there was a direct order given by the mayor to her police chief to, quote, stand down and stay back. effectively tieing the hands of the baltimore finest as they were attacked over and over again. orders that meant officers had to watch from a distance as rioters destroyed and set fire to more than 140 cars including police cruisers and we are also hearing how they stood down at the mayor's direction. at the same time we're hearing that 150 businesses were damaged or destroyed. costing jobs. causing hardship for the neighborhoods they serve. and then in one of the most painful quotes of all, that same source tells fox news the directive from the mayor to the police was to quote, let them

loot it's only property. leland vitter is live in baltimore. he broke this story earlier today. what's the latest there? >> reporter: meg where,lear on the streets there's a whole new mood out here among law enforcement. they obviously have the national guard. we have got a lot of uniformed baltimore police officers out here all around this street corner and also behind us in the shadows is dozens of riot police who are ready to respond at a moment's notice and they say it is going to be a very different scene if there is trouble than what we had on monday night that played out, megyn, on your show. they say there's going to be two orders if they get pelted with rocks or bottles or anything like that. number one is shields up masks down meaning pull your gas mask down. and then deploy. so tear gas, pepper bullets, those kinds of things will be coming out. this also goes right to the central mood of the police here in baltimore. they had to really take it on the chin on monday. we're told by the senior law enforcement source because of

this order from the mayor, let mem loot it's only property. we watched here during the 9:00 hour on monday as these stores were looted and the police stood by. i'm going to get steve to turn around here and show you just where that street corner is. that first set of red lights is where all those stores were looted. the police line was here as they sat here and watched it. it's made a lot of officers really angry, obviously, they had to take all of that pull pummeling with bricks, liquor bottles flying at them at exploded. a lot were injured. they weren't able to respond. the morale is down and they're frustrated over the fact that the mayor seems to sort solve simple of be writing this off saying i did the right thing, doesn't understand the severity of how she put her officers in harms way and seems not to take sponlts responsibility for it and throw them under the bus, megyn. >> the scope of the damage to baltimore's economy tonight is hard to add up.

not only were more than 150 businesses damaged or destroyed, it's only property. but others are not re-opening for now, or are not opening at night. this woman had to be held back after trying to cross police lines. forcing her to watch her business burn in what may be a total loss. look at her. other businesses like this bar may have faired slightly better but after confronting rioters at their front door and having their owner punched in the face they faced yet another obstacle we're hearing from many other businesses. as their calls to 911 went completely unanswered. stephanie weber is co-owner of irish pub you just saw in the video. stephanie, thank you for being here. >> you're welcome. >> first of all, let's start with the first thing. what was your reaction when the they mayor to come out on monday? she's denying she gave the stand-down order, she's denying it. yet the cops are saying she did. so i want to ask you, what was your reaction on monday when we saw people protesting in the streets all day, we saw cops

getting things thrown at them saw the situation escalating to her coming out and saying i'm going to impose the curfew starting tomorrow. >> what was my reaction? >> yeah. >> my reaction is this is a difficult situation for everybody involved and i'm not in politics so i just have to kind of wait and see what i'm told. >> okay. so you adapt a wait-and-see attitude. so night comes. what happened when these protesters approached your business? >> well we were lucky enough that we were given a heads-up by an employee here that had left and he called and told me that they were rioting about two blocks up. so i went to the front door and when i saw them coming up the hill i was able to lock the door which helped us keep them at bay. eventually they did throw a brick, rocks, and shattered one of our windows, but they never made it in. >> how did -- who got punched in

the face and how did it happen? >> that was my brother, david. he's my partner here. when they were out front, he went out to go and speak to the young individuals that were pounding on our door pounding on our window trying to get in. within seconds, they punched him in the side of the head. we were able to get him back inside safely without it escalating. and lock the doors again. at which point the pounding resumed and that's when i'm assuming it was a brick or rock the was bricks and rocks all inside the restaurant or right by the front windows. >> were you scared? >> at the time i was not scared because i guess i was filled with adrenaline. so i was very scared after the whole thing ended. i was shaking. my voice was, you know quivering. so yeah after it was all said and done i was very scared. >> you called 911. did somebody pick up? did you get any sort of response? >> when i called 911, i did not.

thy they were obviously dealing with a lot of calls. one of my patrons in the building was able to get through to 911 and gave a description of the car, they gave a partial plate and the police were more interested in where they were going next because they had already left us so you know, it's more important to go to where the rioters -- >> where the next -- >> where they're going next. that's right. >> do you believe based on what you saw that it's possible the mayor gave a stand down order? >> i have no comment. i have no idea. >> did you see any sort of a police presence trying to stop the protesters around your neighborhood? >> around my immediate neighborhood no but i know that they were a few blocks down and a few blocks up. >> present on scene or actively trying to intervene in the damage that was being done? >> i don't know. i was too busy cleaning up glass. >> wow. what a situation in baltimore tonight, as literally over 100 businesses have suffered similar fates to yours.

and not to mention the police officers who have been injured as a result of the rocks and other bottles and so on that have been thrown at them. stephanie, thank you for telling us your story. >> you're welcome. thank you. last night when it was time for the curfew to fall there were tense moments when a number of people refused to get a upoff the streets. with less than an hour to go until it resumes again all eyes are on hot spots where things have been getting tense the last few nights. rick levinthal live on the ground in baltimore again. rick? >> reporter: megyn, we're at the mall this mall would have been opened a few minutes ago but it's been closed since monday. this is where started monday afternoon. high school kids from a school across the street came here started looting stores, trashing the place. broke glass. burned police cars in the parking lot. got into clashes with police and moved into other neighborhoods in west baltimore. now we have national guard troops stationed here helping to make sure this isn't another

trouble spot. they're concerned that perhaps crowds might move in this direction. we also have tactical officers from the maryland transportation authority and then there are baltimore city police officers here as well. they're protecting this train and bus station which is now open. in the meantime we do have some humvees patrolling the parking lot, and captain rodney is here with us from the maryland army national guard. strange assignment for you guys? >> you know responding to hurricanes snow and other different types of civil disturbance or civil issues it is a little strange because it's our hometown but it's not too, i guess, uncommon or you know too weird of a situation for most of our guys. >> reporter: things have calmed down over the last day or two. that must give you some i mean you must be happy about that i would think. >> oh, absolutely. you know outside of making

sure the health welfare and safety of our soldiers this is also part of our community, so we want to make sure that this place endures as well. >> reporter: what will you do if gangs of kids come back here to try and to what they did on monday? >> well i mean our mission, you know right now is to ensure that the safety and the property of this area is secured. so we're going to you know work with civil authorities to ensure that nothing gets damaged. and respond in a way, in a manner in which allows for civil authorities to contain the situation and move forward. >> reporter: i'm just curious what that means because there was a lot of criticism of baltimore police that perhaps they should have done more to stop things on monday when they were heating up. >> well for our part you know as a containment force, as a support force, we're civil authorities. we are here to really support

those in charge of the civil defense side so whatever they deem necessary from baltimore city from our army leadership for us to perform at that time at a, you know an actual individual level, we end up performing those tasks to -- >> reporter: captain, we wish you the best. we hope you don't have to use force out here. we're glad you're here doing your job. thanks a lot. megyn, back to you. >> we're hearing the first time tonight the cops' side of the story in the case that started all of this. the case of freddie gray. and the law enforcement officers involved are now speaking out. we'll tell you what they're saying shortly. plus when police were challenged about why they did not do more to stop the violence monday night, they said they held back because the rioters were just teens. we'll take a closer look at that argument when dana perino joins us next. >> if a 16-year-old kid is torching a cvs store, a drugstore, the police have to do

something. they can't just say, well they're underage or they're too young, so i'm going to give them a pass. >> "the kelly file" is brought to you by -- ♪ bring your vision for the future to life. for more than 145 years, pacific life has been helping families achieve life-long financial security with innovative tools and strategies. talk to a financial advisor to protect your family and plan today. pacific life. the power to help you succeed. pacific life proudly presents "humpback whales", a whale-sized movie for giant screen theaters. when you're not confident you have complete visibility into your business, it can quickly become the only thing you think about. that's where at&t can help.

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breaking tonight as we watch live to see what is unfolding in baltimore.

a senior law enforcement source telling fox news that prior to monday night's violence the baltimore mayor, stephanie rawlings-blake gave an order to the police telling them to stand down. as riots and kay yooschaos erupted on the city streets, we saw people's homes burned. on tuesday plifrolice officers told reporters the reason they didn't take action at the protests was, well because teens were involved. >> some of your own officers say there were warnings they provided to their higher-ups they needed more help after the violence saturday night. why wasn't more help here before yesterday's riots? >> i think that it's important to add a degree of context. when we deployed our officers yesterday, we were deploying for a high school event. i don't think that there's anyone in the country that would expect us to deploy automatic weapons and armored vehicles to an event with 13 14 and 15-year-olds. >> joining me now, dana perino co-host of "the five" on fnc and

author of "and the good news is" which will debut at number one on "the new york times" bestseller list on may 10th. that's unbelievable fir of all. congratulations. >> i just found out during a commercial break on "the five." >> you must be excited. >> you're one of the first people i've done. >> that's good news all around. >> i'm glad to be here. >> there's an appetite for good news which is also good news. now the bad news. >> yes. >> the mayor chose not to have the police protect the citizens of baltimore because, reportedly according to this cop, she said it was only looting and told our own bill hammer that it's not about holding back it's about having an appropriate level of response and she thought what happened on monday night, i suppose was appropriate. >> she's going to have a lot of answering to do. she'd said that's not exactly what i said. we have leland vitter's report that contradicts that. after this is over there will ban investigation and we'll find out the truth about that. right now, it looks like they've got at least enough people on

the ground to try to keep things calm. i can understand her anxiety. about not letting something get out of control. she doesn't want her young people of her city to get hurt. however, allowing the lawlessness and you had 150 small businesses being attacked. >> right. >> one of the things tsh ss -- >> senior citizens complex burned down. that would have been great i'm sure for the senior citizens of baltimore. >> one of the things the mayor said when she became mayor, and i think it was a great goal she wanted to attract 10,000 new families to come and move to baltimore. and with that decision on monday she ensured that will not happen on her watch. the first thing you want to have as a family is security. >> right. >> second thing you want to have is good schools. we know that government can fix those two things but it's the other bigger things we know we may not be willing to admit, government can't fix all of this. >> this is directly related to ferguson what was said last

night. this mayor was on a task force that was designed to examine ferguson after it happened. she was one of five mayors on an eight-person task force. apparently their conclusion was it was the police they were the ones who overreacted, they put the blame on the police and she was determined not to have the police intervene in any meaningful way right down to not putting the curfew in effect on monday night. things were calmer last night in part because there was a curfew and she didn't call in the national guard on monday night. the governor was standing up there saying i don't know why, i was ready. >> so one of the things -- any time there's a major event, there's usually an after-action report. that happened in ferguson. she's on the committee. i suppose that's how she decided to make this informed decision. one of the things you want in a leader especially at the local level is to say, maybe if you feel overwhelmed or aren't sure how to deal with the fact there's about to be a riot in your city hopefully you've surrounded yourself with subject matter experts and people in law enforcement that can advise you that you can allow to make a good decision. if she did indeed tell the

police to take off their riot gear and not fight the crime, then that will get found out and the people of baltimore will have to decide like is this really the kind of city that we want to have? >> well that seems to be the direction we're going because if you look at the media coverage of the police's situation and how this was handled, they are praising her and she's come out and said no one died okay if that's the standard like if no one dies it's a success, tell that to the 144 businessowners tell that to the 150 car owners. >> tell it to the police officers fighting for their lives and are injured. >> one of whom has a shattered kneecap. tell that that her. >> tell that to the businessowners. one of the things that i think the left has done repeatedly in these big cities is they want to put more none into programs. that would be fine if those programs were working but what's happening is the businesses that want to be in baltimore, might be their hometown see opportunity there, they get so

squeezed they have no choice but to shut down or move. if you denton't have businesses you won't have jobs. it's a cycle. it gets down to the root cause that no one in government talks about enough and that is the family structure. we know this from -- >> nobody knows how to fix that. >> government can't fix it. government has to be a little more humble to know we need the faith-based community to come in and help these families. >> but you know -- we've been watching this happe ferguson baltimore and beyond. when it popped up in ferguson the answer was it is a white police force with a white power structure in a black city, and that is volatile. that's explosive. and that needs to change in order for things to improve. here we see the lie put to that narrative. because in baltimore, it is a minority/majority police force.mayor, black police commissioner. yet we see the same thing happen. we're not getting to the root causes. >> all of their defenses are knocked down. actually kevin williamson of "national review" wrote probably one of the best pieces about

this that lays out in city after city where there is still a lot of problems you actually have democratic control for a generation. that doesn't mean that republicans or democrats shouldn't work together to try to help cities. and i think one of the best things that happened to the mayor of baltimore is governor larry hogan won last november. he's been on the job 90 days and he was actually able to help bring it together. if you don't have local control, you need the state and you need to have governor that can communicate well with the federal government. that actually happened between governor hogan and the president. >> i get that. in the meantime you have cops out there like sitting ducks. they're like sitting ducks. we didn't get into all of it. one of them told leland that that's it they're not going to be doing that anymore, that you know for their own wellbeing, they will confront and will protect themselves. they also have families they want to go home to. >> that's exactly right. and also you become a police officer in a community because you care about the community, and law enforcement knows how to make sure that these things don't happen. the mother that goes after her

son and says, how dare you do this. she was basically saying i don't want you to end up either in jail or in trouble. and also i raised you better than that. >> right. >> and so the mayor has a responsibility to make sure the police are doing what she's always told them, her kids ever since they were little you have to obey the police they're here to protect us. >> right, it's incredible because she was yelling at her one son not to attack the police. meantime turns out she has a daughter, five other daughters, five daughters, one son, one of whom is going to the police academy. meantime she's trying to stop her son from throwing the rocks. this is a mother doing it right on all fronts with no support from the mayor who's saying it's just looting. >> and she's doing it on her own as a single mom. i know there are single dads out there as well but if the majority of children in america in particular in the inner cities are raised by single parents, that actually is the problem that no one is actually being willing to address. that's where your heart comes in. >> great to see you. congrats on the book again.

"the good news is." baltimore's mayor fires back against critics and stands by her response to thent riots taking place. plus see what the cops are saying about freddie gray defending themselves for the first time in this case. we'll tell you what they're saying. for protecting my future. thank you for being my hero and my dad. military families are thankful for many things. the legacy of usaa auto insurance could be one of them. our world-class service earned usaa the top spot in a study of the most recommended large companies in america. if you're current or former military or their family, see if you're eligible to get an auto insurance quote. my lenses have a sunset mode. and a partly sunny mode. and an outside to inside mode. transitions® lenses automatically filter just the right amount of light. ask for transitions xtractive lenses. extra protection from light... outdoors indoors and in the car.

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another pneumonia vaccine, prevnar 13® may help provide additional protection. get this one done. ask your healthcare professional about prevnar 13® today. we're looking live at baltimore, it's now 40 minutes until the citywide mandated curfew takes effect. tension running high in some places. we actually saw protests in other cities today as well. as an accusation has been leveled against the mayor of baltimore that she gave the police a stand down order directing them not to help the residents who were facing looting and burnings and assaults and attacks on monday night. and in fact, just last night we had the following exchange with our own leland vitter. watch this. >> reporter: a police officer pulled me aside, a very senior captain, he looked at me after the incident that you just saw,

he said i can't protect you out there. he said you are on your own and he said if things start to go down he said, and i try to come out and arrest anyone who's being physical with you, meaning me he said i am going to incite this whole place. he said i cannot incite a riot here in order to save you, meaning the media out here to cover this. >> joining me now, president and director counsel of the naacp legal defense fund. thank you for being here. so the mayor -- >> thank you. >> -- says she didn't give exactly a stand down order but didn't deny that she handled this in a way that she thought would lead to the best result. and, you know now we have law enforcement coming out explicitly saying they were told to stand down. what do you make of it? do you believe them? >> well i don't know what to bake of it. this is the first i'm hearing law enforcement say that. i think everyone agrees and i even heard dana perino say it earlier that the mayor thought she was doing what was right and responsible. i think, you know what she

said, and i think what many people understand was that she did not want the police to overreact. some of what we saw in the very early days of ferguson. now, how far that went and what the line is between overreacting and underreacting, i think time will tell. it's early days yet and we should remember that monday night is one night out of what has been a week of largely peaceful protests in baltimore. fortunately, the mayor is a public person stepped up and taking responsibility for whatever happens out there, and there will be accountability one way or another whether the people of baltimore think she did a good job or didn't do a good job. >> i mean will there be accountability? you mean political accountability? because you look at it and it's tough to know. it's tough to know what would have happened if the police had been given a longer leash to try to contain the violence that we saw. i mean we were watching it live covering it live for two hours on the air monday night. they were throwing huge cement bricks at fire engines as they passed. they were cutting the hoses of

the firefighters as they tried to fight the fires that these vandals set. they were burning homes. homes. in row homes that are connected to one another. i mean this could have gone so very wrong. and the question is whether this really could ever be accepted as the new standard when we have protests in a city. >> well i think there's two ways to look at this megyn. first of all, i have to say this is a shocking contrast to the way in which coverage happened of the -- of the uprisings in ferguson. as you may recall, we didn't see the mayor of ferguson until about a month after the first protest happened. so i'm happy that we're focused on a local leadership and what they should or shouldn't do. we really won't know. we don't know what would have happened if it had gone another way, if there had been a more aggressive police engagement. what i do know megyn, what i find a little bit disturbing is the time that we're spending focused on this not to say it's not an important issue, property damage is important.

but not focused on the core issue that brought us to the table. and it's not only in baltimore, it's all over this country. there are protests tonight happening all over. we've got a series of incidents that have happened around the country in places as far away as los angeles, south carolina detroit, ohio minnesota. and people are upset and they want answers. we have a problem. are we prepared to deal with the problem or are we going to turn this into a political focus on the mayor of baltimore? absolutely we should be looking on whether she responded correctly. let's get to the root of the problem. >> we've been covering both on this show. how do you define the problem? we've had different folks say it is a problem of excessive law enforcement. and we've had folks say it's a problem of racism. we have folks talk about how if is a problem of socioeconomic depression in certain communities largely involving african-americans. >> i think it's a mix of all three. about which we've seen consensus from all sides, from many sides in this country, both the right and the left is that our criminal justice system has gotten out of

control. you know called the criminal justice system a blunt instrument that has infiltrated our entire lives and communities. >> what would baltimore or ferguson be like for that matter without a significant law enforcement presence? in baltimore it's a minority/majority police force. >> you know i have been one of the people megyn, who said since last year that while diversity of a police force is important, it's not the answer. this is actually about the culture of policing. this is about the way in which police encounter people and engage with people in the community. everyone wants their community to be safe. african-americans probably most of all. but what we also want is law enforcement that cares about our community, that cares about young people, that responds to the people with respect. >> understood. >> and doesn't go off the mark immediately with guns raised and with the kind of posture we saw, for example, in north charleston south carolina where walter scott was horribly shot. >> that case was one of the most egregious we've seen in long time and that officer was charged with murder. so the justice system is doing what it's supposed to.

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less than 30 minutes now until a curfew resumes in baltimore and despite big presence of local police state police and the national guard, things are still tense on some of the streets there. as our own geraldo rivera found out a few moments ago, live on the ground tonight. what happened? >> reporter: you know megyn, there was kind of a pushing and shouting some people insisting on being in front of the camera. i think they're very interested in their own kind of face time than in any justice for this community. these fellows are with the bloods and crips. these are street gangs. alleged, as you know drug

dealers, but they have not participated as far as i know in the looting, have you? >> no sir. >> reporter: okay. why are you out here tonight? >> we're actually out here to tell everybody, go home like there's no need for you to be out out here. we're out here to tell you, everything you're all saying, everything is against the police stop burning down your community. you know like it's not against the community. it's against the police. it's about justice. >> reporter: but, you know if i may, if you burn your drugstore, then where does the old person go to get their drugs? you know what i mean? >> right, right, that's -- >> reporter: you may be talking about some cosmic sense of justice. where's the justice? >> that's what i'm saying. there's no justice. everybody is saying it's the bloods and crips out here doing this. it's not. you see us out here. every life matters. every life. >> reporter: why are you here? >> i'm here i'm here to say that picture they painted on news with a bloods crips, we're

out here killing, trying to kill police -- >> reporter: all right. all right. the gangs are here. the more civilian types are over here. okay. all right. the rival street gangs here. now, you guys -- all right, megyn, they'll debate this. the curfew at 10:00. >> yes. >> we're under the curfew. >> reporter: will you go home at 10:00? >> we have to get everybody else out first. >> we don't want nobody else getting locked up. curfew is 10:00. >> reporter: back to you, megyn. >> all right geraldo. they're upset about the alignment of the gangs. this is unbelievable now, a fox news alert. we get a report just breaking from the "washington post" that has broken big news in this case in it is accurate. the headline is this comes from the prisoner who was in the van with freddie gray on the day that he was catastrophically injured which led to his death.

don't forget the police apprehended him, they put him in the van and by the time he got out of the van, his spinal cord had been severed. there's been a question all along about whether the injury took place prior to him getting in the van or while in the van and there was oozeanother prisoner in the van from whom we have not heard from now. the "washington post" headline is prisoner in van said freddie gray was banging against the walls during ride inciting a police -- sorry, citing -- the prisoner himself, whose statement was contained in an application for a search warrant. the "post" reports freddyie gray could be heard banging against the walls and the prisoner believed he was, quote, intentionally trying to injure himself. this is from the other prisoner in the van. that he was intentionally trying to injure himself. in a case that started all of this and that has many calling for these police officers six of them in total, to be arrested and charged with murder.

this comes as for the first time now, one of the police officers involved in this case is speaking out through a friend. starting to tell their side of the story behind the arrest the injuries and the death ultimately of freddie gray. expressing frustration here over the way they believe local leaders in baltimore including their own police chiefs, police chief's chief, sorry, has handled this case. listen here from anderson cooper. >> he feels that the city has let all the officers down. that they have left them out there to fight for this and yet the mayor and the commissioner not just the mayor, the commissioner should have stood by them and they should have gotten due process by the law, and that's not what happened here. >> joining us now, mark fuhrman, former lapd homicide detective and a fox news contributor, and

endrell brown, a trial attorney. thank you for being here. what a headline from the "washington post," mark suggesting what we're going to hear later is that the prisoner the only person who actually saw freddie gray inside of that van, although they report he couldn't make eye contact with him, couldn't actually see him, he could only hear him in the van with him, he believed he was intentionally trying to hurt himself. what do you make of it? >> well megyn, we don't know -- there was a mile-long foot pursuit, so we don't know what freddie gray did, what he jumped over, fell over or what he ran into during that foot pursuit. then he's in the van and now we hear this. so i will say that this is so far short of a murder charge and it's not going to make people very happy, but i can't really see anything but maybe some negligence and getting medical care for freddie gray but i just don't see where they're going it come up with

the murder charges. not even an altercation with the officers. >> i mean the problem for those who want to see these cops charged with murder there are so many. now you got the guy who was in the van with him reportedly according to the detective affidavit submitted in support, saying i thought he was trying to injure himself. in the meantime you've got six cops not all of whom even apparently touched freddie gray. couple did the foot pursuit and arrested him. then there was another one who put him in the van. they're going to be doing this. if you're a prosecutor how do you make the case for murder against any of these guys? >> well at this point, megyn, we all understand that we don't have all of the facts. all of the information has not been released. if the information is released and indicates that number one, freddie gray was visibly injured when he was placed in that van or that his injuries occurred as a result of brutality before he got in the van, or if we look at

it and we see that there was what they call the rough ride something the city of baltimore has had to settle millions in lawsuits going back to 2006 cases in 2007 and as a result of that rough ride that failure to shackle him in the van, the injuries he received killed him, then we're looking at the very least an involuntary manslaughter and possibly a murder. >> this is another thing -- this is another thing that the cops' friend came out and said tonight. they said go ahead and look at the gps of the van, look at it for yourselves. you will see the speed that the vehicle went the route it went and will not support a rough ride. so far as far as we know mark they haven't produced an eyewitness who testify to that either although we could learn more. >> well you know megyn, when you look at this everybody jumped the gun on this and just because freddie gray died in the hospital everybody points at the police. and all the media coverage now for weeks, i'm surprised that the police haven't blamed everything on the planet

including global warming on the police. the police are people who can only do wrong and not right in this situation. everybody else is making an excuse for somebody including the rioters. you have to follow the evidence. if it isn't there, then you don't have a case. and i'm looking at this case an i have from the beginning, and if there's not an altercation, and if there isn't a witness that sees something occur that actually causes this injury you've got a tough time even charging an officer, let alone prosecuting an officer. >> i want to talk to you both about the report now that from this friend of the police officer that tries to explain why freddie gray was not shackled in that van. which seems to be one of the key elements in trying to make at least a manslaughter charge against the cops that they were so grossly negligent that it was foreseeable and now they're offering a reason as to why that was not done. we'll have that for you right after this break and more on what is clearly an explosive

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>> back up. >> leland vitter has been there live and was when this happened. what's happening? >> reporter: megyn, now comes the moment of truth. 14 minutes before their curfew there was a large group of angry young men all african-american marching through here chanting "go home." i want to show you what developed very quickly after this. it was a very serious line of riot police. this is the first time we've seen the riot shields out and also they have the tactical vehicles backing them behind. that's the police line over there. here you have this large crowd that had joined arms inside this major intersection walking through chanting "go home." they walked up to the police line then left. what sparked this is unclear. now we're all of a sudden seeing the police helicopters overhead and loud speakers saying "go home" as this countdown to the curfew begins. again, another police line is forming just over here. i'm told by one police source

that there may be some gang involvement and gang understonetones. whether or not this is a turf war or not, there's unclear between different gangs, but it does have something, perhaps, to do with the sale of drugs that they want this corner to be clear for that. as you can see now, we have at least one person walking around with a megaphone. congressman walking around with a microphone. megaphone. telling people to go home. >> go home. time to go home. >> yeah man. >> elijah cummings hugging a young man as he tells folks there over megaphones to go home. not that young. not that young. an older man. in any event, what a scene in baltimore tonight as we see the third night there of unrest. we'll continue to watch it as we go back to our breaking news with mark fuhrman. i've taken a closer "the washington post" report they are describing freddie gray as irate

inside the van. gray continued to be combative in the police wagon. this is according to a police affidavit in support of a search warrant. it underscores the difficulty of running in with charges, which so many wanted to see. >> what the community wants to see is a thorough complete and unbiassed investigation into this matter. at that point, we have way more questions than answers. that's what people are asking for. we don't want to rush to judgment. what we want to know is what really happened. in the south carolina case we didn't know what really happened until a bystander showed us what happened. we couldn't trust a police report because they did not tell the full picture. that's why the officers were charged with murder because of the things he said in the reports were false. >> people have been rushing to judgment suggesting that the

police mistreated freddie gray from start to finish. certainly some evidence things were not handled as they should have. this friend of the police officer came out tonight and explained why he was not shackled in. can we listen to that? standby. they are working on it. >> freddie gray was shackled because he was irate. he was irate, he was angry. he was moving around in the wagon, so the arresting officers to leg shackle him. >> we will have more on that right after this break. as a story that e we thought we knew changes by the minute. don't go away.

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want to get thoughts from richard fowler. richard, your thoughts on the "washington post" report tonight? >> i had a chance to read the report. one thing that report mentions was the prisoner was on the other side of the metal partitioner. so a lot 06 things can sound like banging on a a metal wall. if you can't see it it's hard to believe it. >> not only that but they also report that police said that mr. grey gray did ask for medical help. the case remains very much open to debate. . however, do you believe there's been a rush to judgment already against the cops? >> i think they have aggravated things by not speaking out and making some definitive statements. i think the violence and anger is rising because there isn't a statement like we're

investigating our officers and specifically we're going to get back to you with this statement. i think in the the absence of that r poor leadership by the mayor, then these matters have risen to a fever pitch. that's part of the problem. >> the cops are saying they believe believe the mayor threw them under the bus. is it true? >> i don't think the mayor threw them under the bus. it's impossible for police to investigate the police here. that's part of the problem. >> we'll be right back. zzzquil. the non habit forming sleep-aid that helps you sleep easily and wake refreshed. because sleep is a beautiful thing. he says she's an undisciplined overwaterer. she claims he's a cruel underwaterer. with miracle-gro moisture control potting mix, plants only get water when they need it. fight miracle-gro. life starts here. you owned your car for four years. you named it brad. you loved brad. and then you totaled him. you two had been through everything together.

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as the curfew is about to kick in in baltimore, we're seeing heavy s.w.a.t. team presence. last night not everyone obeyed that curfew and things got dicey just after 10:00. stay tuned. "hannity" is up next. this is a fox news alert. explosive new details in the arrest of freddie gray. "the washington post" is reporting that freddie gray was banging against the walls of a police van after being arrested in an attempt to intentionally hurt himself. this as protests erupt across the country. we'll have coverage of all these cities in tonight's program. in baltimore the city tonight again on edge as the 10:00 p.m. curfew is now taking effect. thousands of army national guardsmen and police officers are in that city demand that protesters now clear the streets streets. baltimore police have al