watching tonight. ms. megyn is up next. always remember the spin stops here. i'm bill o'reilly. we're looking out for you. breaking tonight a kelly file exclusive in the case of freddie gray. sources close to the arresting officers share details with us from the cop's side of the story. welcome to the kelly file. i'm megyn kelly. freddie gray's case set off riots in the city of baltimore. the streets are crowded with thousands of marchers again tonight. while many folks immediately assume the cops involved here must be guilty of homicide saying this man was fined before he was arrested and, yet, somehow wound up with a broken neck two sources close to the officers involved tonight tell the kelly file freddie gray hurt himself. they say it happened inside the

van. they say the officers did not hit him. that they did not taiz him. he was irate in the van, and that he banged his own head against the inside of the vehicle. some of this is consistent with the "washington post" report last night. quoting a prisoner in the van who said gray could be heard banging around apparently trying to cause himself injury. a claim that prisoner walked back to some extent today. in addition, details from a medical examiner's report leaked. authorities concluded freddie gray suffered fatal injuries inside the police van, not before he was placed in it. and that he suffered a head wound that corresponded to a bolt sticking inside the van's wall. we asked trace gallagher to put together the details with what we knew before. he now has a much more complete look at the facts of this case. trace? >> megyn, as you said the

accounts of how freddie gray were injured are in conflict. let's walk you through the timeline step by step. we know gray was arrested at 8:40 in the morning. there is video of police dragging him to a van. remember the time witnesses said it appeared he had a leg injury. as he's about to get into the van, you can see that he's moving which pretty much rules out that he was severely injured during the actual arrest. one block south, 8:46 in the morning, police report that freddie gray who is in the back of the van, is acting irate. they stop the van and place him in leg cuffs. not in a seat belt. few blocks away the van makes the mysterious second stop. it was captured on the surveillance camera of a groeshcer. it shows freddie gray talking, so he's responsive. 8: 8:59 the van takes a third stop to check on freddie gray. he was taken from the floor of

the van and put back into the seat. still not in a seat belt. they say he requested a medic and didn't get one. he was still conscious and talking. now, on to the fourth stop. a few blocks away that's where the second suspect was picked up. here's the conflict. the "washington post" says the second suspect identified as donte allen, told police freddie gray was banging against the walls, intentionally trying to injure himself. allen says it was just a little banging. today, changing his story, a little banging, little boom boom. a leaked report from the medical examiner says that freddie gray died as a result of slamming his head against the inside of the police van, breaking his neck. a head wound is consistent with the bolt inside the back of the van. local nbc says by the time dante allen got into the van, freddie gray was unresponsive. video of the fourth stop which we don't have but have seen shows police opening the van door checking on gray and not

reacting. from stop number four to the police station took 20 plus minutes. that's when freddie gray was found to be unresponsive and paramedics were finally called. it would seem his injury happened at some point inside the van. listen to what someone who says they're close to an officer involved in this case told cnn. >> he believes that the injuries were sustained outside the paddy wagon. if they go back and look at the gps and everything that occurred as they were driving, they can see how fast the driver was going. they can see where the driver was. >> even the conflicting stories would appear to exonerate the officers of homicide charges. even if gray intentionally injured himself, the driver of the police van could be in trouble still. megyn? >> all eyes on that driver tonight, trace. thank you. the next guest is close to two of the arresting officers in

this case. he describes them as family men, currently under pressure and says in his opinion, they'd never do something like this. we have agreed to hide his identity and mask his voice to keep him safe. we added quotes at the bottom of the screen to help you understand his voice when it sounds unusual. we know and have verified his real name and occupation and collection to the officers in question. at his request, we'll call him greg. >> greg thank you very much for being here tonight. we appreciate it greatly. in the wake of what we saw today, all eyes are now on the van driver who appears to be the only person who was in the van with freddie gray. at least prior to picking up another prisoner. you know the driver of that van. tell us about him. >> he's a genuine, good hearted guy. i've known him for a good time.

i've seen him give food to citizens. it's a little disheartening that he's been thrown under the bus right now. i just -- someone needs to speak up for him. because these officers the two i know are being thrown under the bus and it's not right. >> you know they are talking about a rough ride that freddie gray was put in shackles in the back of the van. that baltimore police are known for giving rough rides. they drive erratically and endanger the prisoners. knowing this officer, is he capable of it. >> absolutely not. no. >> has he ever had any disciplinary trouble to your knowledge? >> to my knowledge, no. >> why do you say -- why are you so sure he couldn't do it? >> because when you know somebody you know somebody. when he has such a good heart,

even with prisoners, he's caring. i just don't think it's right, the way the media has thrown him under the bus. >> we've seen the baltimore mayor and others come out and say they want justice for freddie gray. they want justice for freddie gray. do you feel like that is too one-sided. they should be looking for justice in this case? >> justice in general. i feel bad for freddie gray's family. they've been through a lot. people have destroyed stores rioted the city in his name and that's not what the family wanted to begin with. they just wanted peaceful protests and you have to respect that. there are still citizens that love the police. i know you showed a picture of citizens lining in front of the police against the rioters. there's still love in the city. it's going to take a little time

for the department to gain the trust back but i believe they can do it. >> do you believe it's possible that at one of those stops, because today we learned that there was an undisclosed stop as the police van drove freddie gray to the police station -- do you believe it's possible these officers may have intentionally harmed him at that stop or another along the way? >> not intentionally. police officers don't go in the street and say, you know what i'm going to arrest somebody and break some bones. i'm going to hurt them. >> do you believe that freddie gray would have had some reason to hurt himself? that's the thing that stops a lot of people. the defenders said he didn't go out there and break his own neck. why would he do that? >> i think that freddie gray was highly upset that he got locked up. i believe he thought he shouldn't have. i believe he was just banging the van. i think he wanted to get his point across. i believe he was trying to get the attention of the driver to

stop so he can stop to him. look i'm getting locked up. what for? i believe that's what may have caused his injuries. >> when you see what's happened in baltimore this week with the police reportedly according to police sources who told us they were given the order to -- if not stand down hold back as people were pelting them with bottles and cement blocks and so on. what do you think? do you think the police are being treated appropriately when it comes to what's turned out to be an assault against them? we have over 100 cops who have been hurt. >> yeah i believe the intentions of the hands off policy they have a right to protest, i believe the intentions were good. they didn't want to be intimidating to the citizens or media, more than they already are. they're police officers not there to play games.

their lives are on the line. they're there to protect citizens. they do the job every day. i believe that they were just a little unprepared with equipment. all they had were riot shields and riot helmets. >> there's been a lot of talk about that how they were not properly armed to handle what came. i know that you're friends with two of the officers involved. there are six in total. have you spoken with them? how are they doing? >> actually i have not spoken to them. >> okay. >> i haven't spoke to them at all. i tried to contact a few, and i don't know they're under a lot of stress. i don't blame them. >> do you think too often, people forget that these cops they have families too, they have lives. you know while there are always some bad apples in police departments, like in every company, that we forget --

>> every agency has bad apples yes. they are human beings, but there are bad apples in every agency. you're going to find them. every person that gets hired, just because you're a cop doesn't mean you're a good person. but these two guys they're good guys. >> we will continue to follow it. greg thank you for speaking to us tonight. all the best to you. >> you, too. thank you. >> we want to tell you we have another source close to the officers involved that you will hear directly from tomorrow night. set your dvrs for that. you're not going to want to miss it. you have heard from our source with the cop story. we have other sources who we spoke to as well. up next we speak to the attorney for freddie gray's family to see what they have to say in the wake of everything we heard today. plus, the mayor of baltimore, city council, president obama, all african-american all referred to these rioters who committed the crimes on monday

night as thugs. just ahead, what a difference a couple of days make. too many people have spend generations building up this city. for it to be ♪ 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.

somebody needs to speak up to him. the officers the two i know are being thrown under the bus and it's not right. >> that was one of our sources who was close to two of the officers in the case. suggesting someone needs to stick up for the officers who have been accused of nothing short of murder in the death of freddie gray before we have all the facts. here to respond is the attorney for freddie gray's family. jason, thank you for being here. what of the folks out here demanding the folks be charged before we know all the facts. do you agree with that? >> mr. gray's family is certainly not looking for a rush to justice. mr. gray's family wants a thorough and competent investigation, and they want a transparent investigation. what they are hoping for is to receive the results of that investigation, and that after we receive the results of the investigation, the government proceeds fairly. do you -- when you hear people

say, there need to be murder charges -- because we've heard that from the folks leading the protests -- they need to be charged with murder you don't agree with that yet? >> at this point, all we agree with is that there should be a thorough investigation. we don't even have the results of the investigation. >> right. >> we can be the say whether a murder charge -- >> that's fair. that's the point i've been trying to make as an attorney on the show. maybe the investigation will support that but right now, we don't know. i look at it and say, how -- the prosecutor is going to need to rule out certain things. if it's down to the point, like the medical examiner is suggesting it's freddie gray in the back of the car and the driver in the front, and something happens, how is she going to prove it was a homicide? >> because we don't have all the evidence because we haven't seen or heard the radio runs because we haven't been informed as to whether there are 911

calls in this case because we are not privy to the statement that the officers made in this case we can't even begin to hypothesize as to what the charges should be at this point. we aren't privy to the information necessary to make such a determination. >> what if they make a determination that no charges are appropriate. would you accept that? would the family accept that? >> the family will accept nothing short of a thorough investigation. nothing short of a transparent investigation. nothing short of an impartial investigation. so when i say impartial, i mean that pausebecause the baltimore police department cannot impartially investigate themselves we're hoping the federal government will conduct an investigation. >> which they are, the boj is involved. not only that this attorney the d.a. state's attorney mosby, she's african-american. i'm taking the race issue out of it. that's been an issue in other

cases. the police chief is an african-american and the mayor is as well. will you accept her determination? she's not just taking the police investigation at their word she's doing her own. >> i'm not sure how it matters. the fact she's african-american is -- i'm not sure exactly how that's relevant. i can say we are hoping that -- >> we were hold in ferguson the fact it was a white d.a. investigating a case that involved a black male it was relevant. they were suggesting for that reason he could not be impartial. i ask you, you don't see race as an issue. do you think that this d.a. can be impartial, and that her approach to it she's going to do her own investigation, does that sound legitimate? >> when you say that i said that race isn't an issue, i did not say that. the black and brown community is certainly disproportionately affected by police brutality. race is certainly an issue. we also have to take into account -- >> you just told me when i mentioned the race of the

investigating d.a. that it wasn't relevant. you tell me. i'm saying if race isn't an issue, it seems you can take it out because this d.a. is herself african-american. >> well you were asking me whether i will accept the result of marilyn mosby's investigation investigation, and said it in the context of her being black. so the direct answer is no we won't accept the results of an investigation just because the person conducting the investigation is african-american. >> of course not. no one is suggesting that. >> we want a thorough investigation. >> what i'm saying to you, i'm trying to get to okay she told you what she's doing. you have the doj investigating as well. they may determine to charge one of these officers. they may not. if they do not, are you prepared to turn to the protestsers and say, justice has run its course. the system

designed to do and let's work to reform the system if we want but this is the result? >> what we are -- what we have to do is first distinguish between information and conclusion. first, we don't even have the information necessary to draw a conclusion. whatever the conclusion that mosby comes to whatever the conclusion that the department of justice comes to we are hoping that we are privy to that information. >> you're not saying that you'll accept it. that's tough. you really have the opportunity now before you get the results to say you'll accept it either way. you trust in the system and the folks running it or you don't. you do or you don't. they've told you what the process is. >> right now, we have to figure out the information that they're going to rely on -- >> i got it. >> -- to form the basis of the results. >> you're leaving yourself wiggle room to challenge the result if you need to. that's the way it is. i got to run.

listen thanks for coming on. 45 minutes till tonight's curfew, the streets in baltimore are crowded with folks who are expecting charges in this case. ahead, a look at the prosecutor who will make this decision. plus when we come back, the reporter who broke the story about the mayor of baltimore ordering the cops to stand down during the riots gets his chance to speak with the mayor. >> why can't we ask questions? we can't ask questions? of a public official? >> you will have the opportunity. >> i cwóóó

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breaking news leland vittert had a chance to speak to the mayor today. and tried to ask questions. >> is there a question? why can't we ask questions? we can't ask questions of a public official? you're going to stay and answer them? then you'll answer our questions? >> excuse us.

>> leland vittert is live. a little touchy leland. you're like woah. woah but did you get your questions answered? >> one of the mayor's bodyguards shoved me out of the way. a police officer does that you're like -- >> leland you're tougher than that. i saw you in tahrir square. >> you don't want to get in a fight with a police officer. . >> i got it. >> did you get your question answered? >> no. what is amazing is that you heard al sharpton and mayor that we're having a press conference we sat through the community meeting, a reverend talked mayor talked everybody got to talk. somewhere in the middle they had people on the stage and the mayor walked out of the back door. she was gone and we never got

answers about the stand down order and the story about why the police were so restricted on what they can wear. it was important to see the whole clip we want to show you the point before i got shoved. take a look. >> not a mayor, leland vittert with fox news channel. what do you have to say to business owners? or the police injured? the police can protect you but not the citizens? >> this clip has run throughout the day. i can't tell you how many police officers have said keep at it. you're the only one asking those questions. and they keep saying has the mayor said anything all day to me? i keep having to tell police officer who's are risking their lives here on the streets, no their boss their mayor won't say anything. >> you know bill hammer did get

a chance to ask the mayor about whether she issued a stand down order z here is what she told us. >> there was no order to hold back. >> no. >> or was there? >> no. >> you have to understand it's not holding back it's responding appropriately. if you don't have all of your equipment in play because things are changing in realtime you can't respond you can't react. >> the semantics. leland? >> you're a lawyer and the mayor is a lawyer. i'm not. i've been out here on the streets a long time i can tell you there is no way a couple dozen or maybe a hundred thugs with liquor bottles with rocks and molotov cocktails should be able to overrun 3,000 officer strong baltimore police department. it's looney for the mayor to try to make this argument that

somehow they were unable to take care of this and officers were unable to go forth had they been set free for lack of a better term. >> now, cops are speaking out saying it was -- they were told to stand down. or hold back. however you want to phrase it. and this mayor was on task force after ferguson happened. some think it was a good decision, others think 144 cars burned, houses burned and police officers injured so maybe it was not a good choice. >> let them loose, it is only property is what the mayor said. >> that is what the cops have said. >> big crowds are protesting as a mandatory curfew is about to to go into effect. we'll check in on. that two days ago, folks describing rioters as

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that's where at&t can help. we monitor network traffic worldwide, so we can see things others can't. mitigating risks across your business. leaving you free to focus on what matters most. breaking tonight, we are 30 minutes away from a mandatory curfew in the streets of baltimore. a new debate over the appropriate way to describe the folks who broke from the peaceful protests to riots. here is the president maryland's governor and baltimore's mayor. >> you have some of the same organizers now, going back into the communities to try to clean up in the aftermath of a handful of protesters -- criminals and thugs who tore up the place.

>> this is lawless gangs of thugs roaming the streets, causing damage to property and injuring innocent people. >> too many people spent generations building up this city for it to be destroyed by thugs. >> now, the baltimore mayor, stephanie rawlings blake is rolling back her word. on twitter, i wanted to clarify my comments on thugs. when you speak out of frustration and anger, one can say things in a way you don't mean. we saw misguided young people who need to be held accountable but also need support. and my comments then didn't convey that. misguided young people. joining me now, mark thiessen. but we begin with the reverend. thank you for being here. misguided young people is tough for the cops who found

themselves being assaulted, one with a shattered kneecap, hundreds injured, as they watched people burning people's houses down. what do you think? >> i think that misguided police officers who break the spine of an uncharged black man, that could be considered a thug. when you put into perspective, that on april 12th at the pentagon, rumsfield said you cannot charge u.s. forces for lawlessness and looting, that's the cost -- >> you're dodging. >> i don't know what we're talking about. i'm talking about the thug. that was the conversation. using the word thug. we don't -- >> i'm going to give you the floor. hold on. she's saying -- >> you gave me a question. i thought i was answering it. >> we got off. she's saying these are misguided young people. i was lifeve on the air monday

night, they were punching a store owner in the face because he was trying to protect his property. they threw cement blocks at firefighters trying to save the neighborhoods. i'm thinking thugs is not far off the mark. am i wrong? >> not far off the mark is putting -- >> answer my question. >> i'm answering you. >> no -- >> you don't want a dialogue. i'm giving you -- >> i'm asking you about the behavior. >> yeah thug behavior by virtue of the definition. you don't want to apply it to lawman breaking -- >> i didn't say whether you can call a cop a thug. >> we have kollcolorized the word "thug." richard sherman last year at the superbowl. >> president obama is racist? >> no. they committed black on black crime by using that word on people who look like them.

absolutely. for you to be smug about it and not see the seriousness of the offense, of millions of young black children -- >> maybe the white house is smug too. they came out tonight in the wake of stephanie rawlings and said we stand by thugs. barack obama is standing by thugs. >> -- kentucky after ncaa. when they turned over campus security cars and put trash cans on fire. they're not called thugs. when the man shot up the police theater in colorado -- >> i don't know. i might be wrong, but i sebae see barack and obama and he doesn't strike me as a racist guy. the mayor doesn't seem like a racist woman. the police commissioner, i don't think they have hate in their heart. >> $5.3 million has been paid out by baltimore police for beating innocent people drugs, but you wouldn't dare call the

police officers thugs. why? you have a concept in your mind about how it is that you portray black youth. >> you know a lot about me that i don't know about myself. i got to run because i have somebody else coming on. >> i'm trying to help you. >> i appreciate you being here reverend. >> my privilege. thank you. >> i want to tell the viewers, he's right about the city of baltimore paying out the settlements but it was before 2012 before the current police commissioner tried to implement real reforms. joining me now, mark thiessen. i guess barack obama, he is a racist. stephanie rawlings is a racist. you must be a racist. i said the word "thug." everybody is a racist. yet, he's not the only one who thinks that way. npr did an interview with this academic and listen to how he describes the problem with the use of that word "thug."

>> well the truth is that thug today is a nominally polite way of using the "n" word. many people suspect it and they are correct. it is a sly way of saying there go those black people ruining things again. >> that barack obama needs to be stopped. >> yeah that barack obama, he went out there and said there go the sly black people ruining things again. that's what obama was saying. >> why did she have to walk it back? they're misguided young people. >> it's amazing. first of all, the reverend's argument isn't with rumsfeltd, it's with obama. walk amongst yourselves. the problem we have here -- never thought i'd say this on your show -- but barack obama is right. the mayor was right when she said it first. i guess she got criticism and backed off. that's the problem we have in baltimore.

you have a mayor who is backing off in the face of rioters and looters. she backed off physically when they were burning cars and burning buildings and said let them loot. it's just property. now, when she called them thugs, all of a sudden they're young people who need support. rioters don't need support. the people of baltimore need support. people with their businesses destroyed need support. >> the effort not to offend people who are rioters and hijacking what has been a legitimate march and movement they've completely ruined it. now it's all about protecting them. it remind me of the other day, when the gang memberings came out, there was a false allegation of wanting to kill the cops. we wanted to kill other people but not cops. >> josh earnest said this today, when you're looting a convenient store or throwing a cement block

at the officers you're engaging in rioting behavior. >> they've managed to get thiessen and josh earnest together on an issue. togetherness occurred. thank you for being here. >> thanks. >> up next the investigation into the death of freddie gray continues, with a look at the woman whose decision it will be to decide whether or not the making a fist something we do to show resolve.

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baltimore, where the investigation into the death of freddie gray sits in the hands of the state's attorney. marilyn mosby's job will be to determine whether or not to file criminal charges against the officers. trace gallagher live with her story. >> at 35 years old, marilyn moez mosby is the youngest probation report in any state. the fact she has a job is surprising to many considering she left her position as an assistant state attorney to work for an insurance company, then ran as an underdog and beat the odds. now she'll decide if charges are warranted in the death of freddie gray. she was raised by a single mom and comes from five generations of police officers. she has been very outspoken about holding police officers accountable. vowing to crack down on police brutality and rebuild the trust between cops and the community. at the same time mosby calls herself a crime crusader saying she will go after repeat

offenders who gives the city she loves a bad name. when she was a child in boston her 17-year-old cousin was mistaken for a drug dealer and murdered which made her passionate about finding the bad guys. mosby is married to a baltimore city councilman who has been outspoken about the riots, including right here on fox news. watch. >> the young folks in the community showing decades of anger, frustration. i mean it's bigger than freddie gray. this is about the social economics of poor urban america. >> marilyn mosby has refused to give a timeline on when she'll make a decision. telling her city to remain patient. knowing whatever she decides will have major repercussions. >> trace, thank you. ms. mosby is already under pressure to get to the right result which is justice, of course. but justice for whom? it seems the mayor has her mind made up. >> we will get justice for freddie gray. believe you me we will get

justice. we need to make sure there's justice for freddie gray and for his family. mr. gray's family deserves justice. >> joining me now, mark, everyone's sympathies are in the gray family. they didn't do anything wrong. we don't know if freddie gray did anything wrong either. isn't the messaging off? >> what about justice, that phrase? in getting justice, one of the possibilities is no crime was committed. now, if a crime was committed, the challenges the probation report is-- prosecutor is going to have is eliminate the reasonable explanations. if there is a reasonable explanation, different than the prosecution's theory then the

person walks. we learn that in other high profile cases, like casey anthony and o.j. >> how is she going to get there? you're former prosecutors. how is she going to get -- i'm not saying these cops are innocent. i don't know if they are or not. how will she get to a chargeable case based on the facts as we know them tonight? >> mark is correct when he says from a textbook point of view. from a real life point of view it's often different. here's the challenge that this prosecutor faces. this young, relatively inexperienced prosecutor faces, does she get influenced by the sound, by the noise around this case or does she focus on the facts that supposedly only she will have and the investigators have? not what people see. people think. people assume. my guess is megyn, if there is enough evidence to at least present it to a grand jury present it to the citizens of

baltimore, in the best way you can -- >> i mean listen is that going to get it done mark? the folks in baltimore, we've seen in action seem to be taking lessons, whether they're the right ones or not, from ferguson. they took certain lessons. if she's young, inexperienced and under great pressure and the mayor seems to have her mind made up what is the likelihood she's not going to pursue charges against the cops? >> well it was interesting. i didn't know the link between her and the councilman. that's an interesting scenario. i think she's dammed between way. there is no decision she's going to make that won't be criticized. i don't agree with arthur if he's suggesting she should bring it to the grand jury. >> i said if there is enough evidence. >> if there's not, she should be able to look everyone in the eyes regardless -- what people think of her is none of her business -- she should look them in the eyes and say, i don't believe there is sufficient evidence. >> let me ask this. this is what i want to get to,

arthur. what's going to emerge in this case freddie gray was in the back of the van and got injured. catastrophically injured, but no one saw it. the driver says i didn't do it. i heard him him banging around back there, and the fellow prisoner says i heard him banging around different stories today about how much banging he heard. but all story says the fellow prisoner heard banging. and on the other end he wound up with a broken neck. and then you the medical examiner saying his head obviously hit something inside the van. how do you prove murder or even manslaughter? they could argue that they didn't buckle him in and they should have. >> or even criminally negligent homicide even lower. you may be correct what they sea about ferguson. and mark is correct. i think she is in a lose-lose position. but what she has to do as a prosecutor is weigh it out. and at this point it's not beyond a reasonable doubt. it's a preponderance of the evidence. it's 51% that a crime took

place. this isn't a trial jury. it's just a grand jury. and if the evidence isn't there, then what she does is what is called a grand jury report. she has to cross every t and dot dot every i. her job is not to prevent a riot or cause a riot her job is to do justice. she's supposed to do what the mayor says. theyo justice falls in her lap. >> not what the mayor says.s. the mayor wants justice. >> idokay. >> for freddie gray. >> megyn -- >> you're right. >> that's not the standard. the standard is justice. >> justice all around. >> aristotle defined justice as like cases treated alike. this one should not be treated any differently than any other. >> first and last.me we'll be right back. ne of many nurses at cigna with answers anytime, day or night. i'm lauren, and i've got your back. i love life, but really i love my chico's life. i take good care of myself

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more like it. we're moments away from baltimore's mandatory curfew. people are once again on the streets tonight. you can see representative elijah cummings out there, along with others trying to set a different tone. good for them. mike tobin live in baltimore covering the events tonight. mike? >> reporter: you know megyn, this is about how and when things flashed last night. when they made a human chain and tried to walk through the streets and sort of sweep everybody off the streets right ahead of the curfew. some people just didn't like it and pushed around and shoved off of the street. my read on what's going on here tonight, i'll tell you, i've seen more people with their faces covered up tonight. and i've had conversations with more people who say they're not going to honor the curfew. i've heard from people saying i'm a grown man. people aren't going to tell me when i have to get off the streets. we're a couple of minutes away. we've seen the police trying to keep their presence low to the center of the street. but we also see a lot of the

police off in the alleys off in the corners. here's somebody let me ask you, young man, are you going to respect the curfew tonight? >> no i'm not respecting that. i'm over 18. i'm grown. i'm not about to go in at 10:00. i'm a grown man. i got nothing to do with nothing else. >> when the police show up they say you have to go in what are you going to do? >> well -- the police. >> reporter: can't clean up the language. we've got a march going on down the street. this is pennsylvania avenue. and here we go. they've gotten away from the majority of the crowd. we're just keeping an eye on it for the rest of the night here megyn. >> mike we'll continue to follow it. we'll go to break. on a nicer moment. we'll be right back.

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the wreckage. a 15-year-old boy pulled from the wreckage of a building in kathmandu. no major injuries. more than 70 aftershocks have been recorded in the region since the earthquake on saturday. there's a new presidential candidate for 2016. vermont independent senator bernie sanders announcing he'll run as a democrat making him the first challenge to hillary clinton. sanders promising to fight a campaign finance system he calls a real disgrace. he said the center of his campaign will be creating an economy that will work for all the people. hillary clinton tweets she agrees and welcomes sanders to the race. i'm jackie ibanez. "hannity" starts now. the death of freddie gray several law enforcement sources are now telling baltimore tv station wjla that there is no evidence that the police officers who were videotaped arresting gray caused his fat