not move too easy. pat brosnan, stand by, we continue with continuing coverage right here on fox. >> 5:00 p.m. in new york, a big win for law enforcement relief for the people of upstate new york as we have been reporting 35-year-old david sweat an inmate who escaped from the correctional facility is in custody and we are told he has been shot by new york state trooper as he walked down a potentially road in constable new york, which is only five miles from the new york-canadian border. we are told that he is in stable and not life threat being condition and right new at the medical center in nearby malone new york, that is where his accomplice richard matt, the fellow escapeee was shot and killed on friday. matt police say according to reports, was apparently drunk

when he had a shotgun and refuse ed to throw it down. we do not know the condition or the situation that had to do with matt being taken into custody but it is a major win and victory by law enforcement that has been going on these last three weeks now captured and no report of law enforcement officers injured or if he was caught in gunfire or if shots were exchanged or the type of confrontation. he was shot at left once if not multiple times and an ambulance taking him from that location six miles away to malone, new york, to the medical where he is now. of course, many of the questions regarding whether he at some point will talk and divulge any of the details of the result and stunning escape where they were able to get out of the maximum security prison. we are expecting a news

conference from new york governor cuomo this hour. we will likely get more details but, certainly kudos to the new york state department for pulling this off late this afternoon without any residents or law enforcement officers being injured or hurt in the capture of david sweat. >> quite a different take down than richard matt open friday shot multiple times in the head carrying a on gage shotgun. he was asked to put his arms in the air can he failed to comply and certainly suicide by cops, he knew what was coming and he was shot three times in the head. dave sweat is different. this is a cop killer, sentenced to death and the death penalty was lifted in the state of new york so he was sentenced it life in prison without parole so he had nothing to lose. andrew cuomo said that david swift was extremely dangerous. to believe he was, in fact,

caught shot and captured in a residential neighborhood where people have been fearing for their lives since the two news conferences managed to escape out of a correctional facility is quite incredible and how quickly they got him today really is a blessing. former d.c. homicide rob wheeler joins us on the phone video commended state police for the commendable job in get this guy alive and managing to protect themselves at the same time. him being alive versus dead is huge when it comes to what happens next. >> absolutely. i have been following thiss case ever since the day the two individuals broke out of prison. i can tell you it is interesting the law enforcement agency was able to take this guy sweat in without him dying. i have been saying all along i thought that sweat was going to go out in a place. it sounds like they did not have to shoot him but it does not sound like they killed him where is good. the reason that is good because

what they will do now so the viewers understand, they are going to take him in, interrogate him because here is the main question: was there anyone else inside of the prison other than the two individuals that have been identified that assisted him and the other guy matt getting out of prison? this is the first time in history that anyone has broken out of this prison and that is why it is so important to they can get sweat in without killing him they can interview him. >> it is so important to get information what happened inside. it is hard to believe impossible to believe that these two guys pulled them off without more help. a woman who worked in the take -- taylor shot and helped get them tools to their prison cells and another alleged accomplice used the art work they used, they made, in their cells as pay off so they, in fact, rewired an electrical box so they could cook meat.

the tools were, in fact, hidden in the slabs of meat. this were so many problems with this i don't know where to begin. first, the fact they are allowed in the cat walks inside the walls of the prison. that is nothing new. they were not given special privileges. this happens all the time in this prison. >> that is right. it is unfortunate but we will learn a lot from this escape. especially now that the fact we have dave sweat back in custody. it sounds like he is going to live. the other thing that is interesting, though sex how they did not have a plan once they got out of the manhole because they were told to go out of the man hole and they would be with joyce minuter but she wasn't this but it is interesting how it seems like they did not have another plan after that in light of the fact they had something meticulous and sophisticated plan from leaving out of the prison in the first place. that is going to be anding.

law enforcement will try to figure out exactly why that happened. >> i would like to figure how they got into a cabin where they found the cabin and how they knew that cabin existed that was owned by correctional officers. >> there arrest lot of cabins in the area, at the love people in the area that work at the prison and they have 1,400 employees that work at the local prison and a last folks own cabins but a lot of the cabins are ununoccupied during the initial summer months. why they decided to go to a cabin to get refuge as we know they did a week ago that will be something else the authorities will try to figure. >> we have reports that a state police sergeant happened to see him, confronted him and sweat was then shot at least twice when he did not comply with the orders. does it surprise you this happened in a residential

neighborhood with sweat just walking down the street obviously trying to continue to be incognito which did not work? >> that does not surprise me. from my sources i have known the state police up there have had a five to seven mile dragnet on the entire area up there and they knew from friday when they first killed matt that sweat had to be somewhere near. we never thought law enforcement never thought that this guy had gotten out of the perimeter. they knew he was in there but the question was where? that is why i knew it would take and they knew it would take 24 hours to get this guy. they knew he was on the move and tire asked becoming more desperate. that is why they continued to try and find him and they were successful in fining him. >> we are getting more information from buffalo news

sources their news territory so i will pin this on buffalo news. they are saying, in fact, two state troopers on a patrol which is only three miles from the canadian border, they almost made it and it is so close and they were caught or he was caught before he made it over the forder. the troopers challenged sweat who tried to run away and one of the troopers, a sergeant, opened fire and shot him twice, in the back and he was pleading heavily. that is the latest coming from buffalo news sources he was shot in the back twice. but not fatally shot. now he is in a hospital. we have confirmed that. >> rick is reporting from malone that he is in stable condition. now, back to you people want to know about the crime he was convicted of, serving life in prison a horrible, cold flooded murder of a sheriff deputy back

in 2002, fourth of july, by the way, it items out that sweat and the accomplice broke into and temperature stuff from a fireworks store and guns in pennsylvania crossed the new york border and 3:30 in the morning and they everyone exchanging guns in the pickup from the robbery and the sheriff deputy who was on routine control happens to see some suspicious activity of a pickup and lights in a ballpark in a park and he has his lights on, gets out of the car and guess what happens? according to the court papers, as they have reported, sweat shoots him runs him over, with his honda and he had said according to a friend at one point that if cops ever come, i am going to blow them away so that could indicate the severity of andrew cuomo's constant declarations they are dangerous potentially could be armed and we can be thankful that for law

enforcement officers were injured or killed as well as members of the public. >> you are right. sweat and matt were the worst in law enforcement the worst of the worst. we know they were going out in a place. they both were incarcerated for killing other individuals. matt's nickname was hacksaw because he chopped people up after he killed them. we knew that these were some bad guys and we were ready to confront them and to deal with them but we also knew they had to get back behind bars if they could get them behind bars. at the same time, we knew they were not going out without a fight. as we see with matt on friday, he did not put up his hands like the officer instructed and they had to take him out and today with the other individual, sweat, it sounds like he will live. that is if. >> but do you think he really is going to talk and spill any of the beaches about the lot to get

in and out and who helped him? >> at some point he will, i think. i don't think he will talk right away but he will. sweat knows he is never going to see the light of day from outside of a prison. he doesn't really have anything to lose. he will talk at some point because he will not get a benefit. >> and this is very key as to how one guy was tracked down a pepper shaker was find a mile away from where richard matt was shot and then not using it for seasoning but pepper, for people who are often on the run actually use pepper to throw off k nine units and, in fact of course law enforcement officials are saying that tactic has been used for former escapees from prison and it actually works. that could be one of the reasons why it has been these weeks they

have had k-9s out there and the guys knew what they were doing. they did their homework but they didn't have anyone to pick them up. they knew how to cover their tracks. >> david sweat brock out of prison before so he was expensed with this. this is not the first time he broke out of prison. it is commonly then in prison if you use pepper or something like that you can throw off the sniff from the dogs so it is fought like something they don't know. they know that. we know that, too and we know they know that so that is why we try everything we can do. there are different ways to try to capture these guys. that could be one of the reasons why they stayed out so long. t i an surprised about, is the fact they are still in this area because they are only 20-40 miles away from the prison up there the clinton prison. there have been reports that have come out over the past couple of weeks and i have been

following the case where these guys supposedly were seep as far away 59 pittsburgh, pennsylvania mexico and guess where they are? right there 20 miles from the prison. >> matt tried to carjack the camper why do you think for three weeks they could not carjack another car? that would give police identification of the car but they could get a three miles away. thank you is an excellent question. everyone in law enfor. is asking that same question. to be honest we thought these guys would have tried to do that a long-term ago like two weeks ago because they very desperate. they had in food, no money they had in water. we knew they would try to do something, take someone hostage. that is another question we will learn from. >> governor andrew cuomo a news conference is expect at 6:45 eastern time. the governor certainly who will

laud the new york state police. this was a take down by the new york state police and we have to think of them taking this long with other law enforcement officials, we thank them personally. this guy in cold blood shot and killed a sheriff deputy back in 2002 from brook county. he is in stable condition at the hospital in malone, new york as we continue to follow this developing story and find out more details from the governor. what do you think he will tell us exactly happened? everyone should take a deep breath? >> he will tell us they have been successful as we know now in capturing sweat and no one else was injured. that is the good news if this is any good news. the fact that no other citizens in the area were harmed. no police officers were harmed. it sounds like they took him

into custody. he is still alive. they will be able to interrogate this guy and get as much information as they can from him. finally, this situation has been almost 22 days they have been on the run. >> the associate the press now is quoting sources saying that he was shot twice coughing up blood as he was taken to the hospital so we will have to see what the situation is with the medical condition. >> we know a lot about the medical condition of richard matt he was ill when he was shot when they found his body and they did the autopsy on saturday. law enforcement sources revealed he had suffered blisters and abrasions consistent with living in the woods for three weeks and he was sick most likely from eating spoiled food and drinking bad water. they did not prepare in advance as to how they would hydrate and now iran they willselves for three weeks. it could be obviously

psychologically the wear on your body after being on run for three weeks you are not thinking straight either, and david sweat could have just given up. he was in broad daylight this afternoon in a neighborhood just six miles away from where the accomplice was shot and killed. what do you think his mental state? when he was caught? >> he was very fatigued and what comes along with fatigue you have a mental breakdown and that is what he had. we know that. we know in law enforcement and the law enforcement armies up there, they knew this guy had to be weakening. that is why they kept on the presser. that is what we do in situations like this, keep on the pressure, we know this guy is going to have to come out. high was on the run. he could not stop he could not stop and hide because he knew the cops were right behind him and that is why they flushed him off. when you look at fact he was in a residential neighborhood it is interesting because what that tells me is that the officers

were successful in nearbying him out of the area in which he was hat is why they captured him. >> new york state police saw a suspicious man walking down a road in the counsel of constable and it is a press release coming from the new york state police. the state police shot and injured the clinton correctional escapeee david sweat who was taken into custody alive and take were to a although hospital. at this point we are trying to learn more about his condition. he was shot twice this the back. we found out he was pleading from the south. there are reports he was pleading heavily but it sounds like he will survive. what are investigators doing now? he is in law enforcement custody but he also is in the custody of doctors. in guy is behind bars.

that is the good news. a lot of viewers would say why did they shoot him in the back, maybe he was running away. just so they know when you have a fleeing fell open, someone else scraped from a prison and you oh their history, i can shoot a person in the back to keep them from fleeing. that is why they were able to shoot this guy in the back. that was their goal. what is interesting as you said earlier, it sounded like he was pleading from mouth and coughing up blood is there was an injury to the upper body area. he will probably survive and that is when they will interrogate him again. problem, thank you former new york police detective. how do law enforcement deal with a dragnet. this is new york police state sergeant saw him just walking down the street, saw sweat and

confronted him and shot him, and some reports say twice and is it as simple as being on the look out for someone would looks like him and coming up on him and saying excuse me, we want to talk to you? >> it is not that simple. they knew they would get him today. i doubt they thought it would take until tomorrow. let me say what is in the minds of the officer: they know two escaped murders and of course, killing law enforcement officer so each of the law enforcement officers know how dangerous these guys are. when they come upon someone like that they could kill someone else or shoot them they will not shoot someone. these guys did not give up because they would never shoot someone that would give up. matt with say you got me, here

i am but he had a shotgun with him. [ inaudible ] >> we just lost that audio and we do not have confirmation if sweat had a shotgun if he was armed or not. we will likely get more of the details if an hour when governor cuomo hold as news conference and gives us more on how the state police dragnet went down. clearly a great victory in that law enforcement saw him walking down a residential street and get him although there was a confrontation, he was shot at least twice according to reports and now is in custody at the local hospital. >> and not incredibly far away because he was only caught six miles away, constable and malone are six miles and now he is back in a hospital in malone but we know he was running away from police and as problem wheel are said if a convicted murderer on the run is on the run and you have to stop him police did what they have to do and shoot

him from behind, they shot him twice in the back to get him down and into custody. we do not know if he was armed or not and that is the question is whether he was armed like richard matt armed with a 20 gauge shotgun and when police officers confronted him they asked him to put his arms in the area as he would with anyone convicted. he clearly wanted to go down by suicide. >> maybe curing to reports drunk because of that. >> the gin gave him up. someone noticed that. >> a former nypd detective are you there? no we do not have him. >> sometimes our cell phones are not that reliable and at love people are on the phone and we have problem wheeler back on the phone to talk about the take down. i talked about the math and they

combed the area and knew how to pinpoint him with 1,200 people, six miles he could have gone any direction and constable was only three miles away from the canadian border, remarkably close. they were so close. this guy must have been absolutely astonished he got so close but he did not get away. >> on friday morning the new york state authorities issued a tele type along the east coffee saying they were headed to the canadian border. why did they issue that? because they had information it appears they were heading in a northern direction. we believe that because they had been out so long, it has been 21 days and new they were heading to the canadian border. on friday when the police

confronted matt, it was a customers border protection officer that confronted him. someone that protected the border because what happened they went on high alert as well the customers border protection were on high alert and brought in their elite unit that confronted matt. from that we knew that sweat had to be in that area. where, we did not know, they knew he was headed to canada and that is where though found him today, three miles away from the canadian border. that is when they engaged hip. any idea how they knew that? you have joyce mitchell in custody charged with helping plot the escape. she could have told them that was part of their plan to go to canada. two, do i think you would get across the border you are home free but you are not you have the mounties and have you law enforcement canada on these

guys too. they had again to canada, how do you think they knew? joyce mitchell could have told them that part of the plan was to escape to canada or it could be a red herring because then you have the mounties and canadian law enforcement? >> i don't think it would make a difference if they went to canada. law enforcement had the idea they were heading up that way and maybe they got information before that. another way is all the sightings and the d.n.a. they had the big map and they put pins all over the place and it was north >> the pitches are like heading north like they are on their trail. >> you put that together and you have a pattern. that is why the state police and the law enforcement were sure they would get them fed. i bring back the fact these two guys were shot.

the first guy matt, did not give up. the police would never shoot someone if they gave up. the second gay sweat, was found when the state tripper con fronted him. i am 90 percent sure he took off. he has the right to shoot him i am sure he was running away and that why he shot. he did not shoot to stop but to kill. >> good point. >> there is the question, in a proceed -- predicament hike this you say shoot to kill. >> shoot to kill. the other guy matt, he wanted to get killed so -- he was drunk and everything else. [ inaudible ] what would he have done if he

got the guys in the van. no police officers were hurt, and no civilian officers were hurt and i am such the clinton correctional facility is glad no one got hurt. i know that law enforcement feels good. >> especially if he survives and he survives long enough to talk and give any kind of information because this investigation will now blow up. now they finally have their guy the amount of questions are going to go through the entire correctional facility and through every correctional facility in the country because this case has spelled out so many loopholes, too many to count and too many correctional facilities officers that could have been involved. we know of two alleged accomplices here inside the correctional facility. i imagine there are more. >> you when you do something like this you need help and who

is going to help you. the corrections or someone working there or someone to get you the tools. it is not only the clinton correctional institute but every institution will be aware of the security. >> gil there were reports that the buffalo news said he was wearing hunting camouflage and a dark coat so he may have grabbed the stuff from one of the hunting cabins. how did is it, a lot people at this time of the year, they are wearing some time of hunting camouflage or walking down the street like anyone hoping to blend. how did this go down before he tried to then run away and was shot twice? >> of course he was trying to get away. and no place to go. he went in the residential area. police saw him. it is unusual this is a sunday

morning. it is unusual seeing people out here. the police are well aware of what they are looking for and he could be anyone place. that is where the officer saw him and said, man, who is this? he probably went to con front him and he took off and that is a possibility. did the officer know if he had a gun or not? he doesn't know that. he doesn't know if he is armed what he will do, so that is the action he took to step him not really stop him but to shoot to kill to stop him that way. that is the situation. >> we expect a news conference in just over an hour great governor cuomo who will certainly praise the new york state police and the other law enforcement armies and authorities that have been hand handling the desperate search. you have to understand the conditions. we get to go home, go to bed and

these guys, men of haw enforcement are out this in the woods, it is cold, it has been rainy, the conditions are horrendous you are there working night and day for several weeks not knowing we you will see this guy or if they are armed or if they will come out shooting at you. gil? i lost gil i apologize and peter doocy has been on that row, poplar street in constable new york, where this happened earlier this afternoon when the state trooper sergeant saw the suspect on the street, con fronting him and he tried to run, shoot him. peter, what are you learning on the ground? >> apologies for our phone or

our video. we are so close to the canadian border and the closer we get to the sketch they are letting us get closer bit by bit where this all happened but this is little activity. what is interesting is talking to folks around here where this happened and i am standing at the corner of poplar drive in a residential neighborhood there was so much talk they could be hopping from hunting cabin to hunting cabin and d.n.a. was found in a hunting cabin several miles from here but this area where this went down is far more residential. those cabins, really are not around here and some of the houses we have been standing under for relief contract rain, this is the only kind of cabins we can see are the ones that the little kids build in the

backyard. this is not necessarily what we expected but a new york state trooper said this is how he thought it would end. we have the name, now of the sergeant who first spotted sweat on patrol, sergeant jake hoof of the new york state police. he thought he was suspicious and there was a confrontation and jay hook, from the new york state police, was able to shoot and injure to the point he was able to be apprehended david sweat. we now know the name of the hero, new york state trooper would brought the manhunt to an end. now we are waiting to get closer in rapidly deteriorating

conditions where this happened. >> he is being debriefed and the other members of the team would captured and bring sweat into custody, thankfully, over two hours ago on a residential street in constable knock which is a surprise because they have been moving through the woods for the past these days going from hunting lodge to hunting lodge over a period of about 30 miles. injured. difficult weather conditions. tired. hungry. matt allegedly drunk when he was shot by police officers as they say he was holding a shot gun not the situation we understand with sweat taken down on a residential street. peter, can you describe the area where this happened as a residential street, he is just walking down the street according to the buffalo news and was wearing hunting camouflage. >> there are a lot of trees but

not nearly the kind of thick woods encompassed other parts of the 22 square mile search area that you would see reporting from for the last three weeks now. there are a last open spaces in the place where we are and it is a place obviously where people feel very safety. i am looking at a small house with a dethatted garage and a clothes line in the back with the clothes inside because it is raping -- raining so hard, a neighborhood where though would be a lot of people out. it seems like a nice place. it looks like there are a lot of kids who live here. there are a lot of families. it is not a place you expect a murderer to be hiding out. we are told we are more than two miles now from where this

happened but the morning state police who are enforcing the roadblock at this intersection where the express congregating are promising to let us get closer. if it is anything like where we are right now the closer we get to the border it is the kind of place a residential neighborhood the kind of police you would want to raise a family that a hot of people are raising families and some people we talk to say they are very surprised this happened here and is say they thought they would head this way because they are not direction of the forder, basically here between the canadian border and the clinton correctional facility but obviously closer to the canadian border. it will be fascinating to find out how dave sweat was able to get here to this area against where we are. we do not know what it looks

like closer to where shots rang out two hours ago but without necessarily being seen by any of people who live here, today there would not be that many people out because the weather is s but there are people around and it is sunday and there -- it is remarkable he was able to go for so long where based on what we could see this are places where he could have been out in the open because again, there are a lot of trees and it is beautiful here even in the rain but not the kind of thick forest that searchers and experts were complaining about. it does not seem from where we

are right new that this --. >> david sweat was captured two hours ago three miles south of the canadian border. he was potentially in the area so there was a special new york state police dragnet team up there. a songent, new york state trooper spotted him walking on the street, buffalo news reporting he had camouflage coat on and a dark coat when he was stopped and confronted. he did not comply. he started to run away. the buffalo news saying he was shot twice this the back and taken to the hospital where now he is in stable condition. the investigation obviously conditioning and the questions and maybe some answers from him if he is willing to cooperate and exactly how he and his

accomplice on the leftings richard matt, shot by miss on friday when he was holding a shotgun, drunk refusing to comply to police directives when he was killed how they were able to pull this off a remarkable stunning escape from the clinton correctional facility considered one of the safest and strongest prisons in the country. on the run for three weeks and a few miles away from the canadian border, the subject of the manhunt that now finally has ended. a former new york police detective is with us. pat, does it sound sensible to you that the sergeant saw him confronted him and he tried to run, maybe wearing or blending in with camouflage that it want down this way? >> 100 percent. it sounds logical to me. the fact is the noose was

tightening and the state police knew where their man was. particularly i could toll with the other investigative bread crumb picked up, the pitch per shake -- the pepper shaker, recovered a mile from the other shooting, you close off the perimeter and sale it up tight he was trapped. he was flushed out and he tried to walking on by with his jacket and keep his head low dressed in cam pledge and he was ordered to freeze and hit the ground and he ran and bang, bang. i hope he has his voice box because i concur this is

complicity to pull off a jail break of this magnitude with other than the two knuckle heads. >> he is not only a convicted cop killer but he said if the cops came he would blow them away and serving life in prison and shot a brook county deputy and ran him over back in 2002. you could expect a give like that to talk? >> yes i do. i have dealt with many guys like that in my years with the new york police department and it comes down to little perks. he will not see the light of day but he might like paper to write on magazines you would be astonished at the value of mundane items when you are if lockdown 23 hours. they become valuable and talk. >> or offer a candy bar. >> and he will not shut up on

you. >> sergeant cook, we are told is the hero of the situation and he saw him walking down the street, down a road, in constable, and con fronted him and shot him. of course, you do not know sergeant cook personally but the fact it is a sergeant, what does that tell you of this detail and the efforts and the new york state police could be able to success any bring this guy in alive? >> again, new york state's fine of the like new york city's findest a great great example of textbook example of all hands on deck leaving no stone unturn asked no corner where you do not throw a flashlight. they hemmed them in. until you have been on a manhunt in the rain for multiple days accepting for a very, very dangerous two legged animal you cannot understand the extraordinary stress and the

wearing down factor on law enforcement. it was never a question of "if," but always win. >> it shows what a coward he was, he talked about wanting to shoot back at cops when they confronted him. he ran. he wanted to go down the same as richal me could v >> they all talk smack when they are out there and they are going to shoot up the cops but at the end of the day they cannot shun up to get their perks richard matt learned that drinking and shooting never ends up. sucking that jin down and having a shotgun next thing you know he is in bye bye land and the other guy is just another punk. >> like a weasel who got away and matt wanted to go down and he wanted to get caught and shot. he did not want to get caught

but shot. he did not put his arms in the air, here it is, i'm done, i give up. this guy tried to run away. it says a lot about whether he is armed. if he was armed would he run away? what does a give do if he is arm asked he has been surrounded by law enforcement and he started to run? >> i have to say the probability of him having a handgun or shotgun was virtually nothing. he got called out by sergeant cooks and hit the bricks run asking that is the end of it. it is fully justifiable in the state of new york, to shoot him in the back. perfect shooting. it prevents him from committing further crimes. can you imagine the horror show if he got into a house and held

a family hostage. they had to be stopped. new york's finest, the state police they did a fantastic job. they had everything going against them, everything going from the weather to the silly tricks with the pepper to throw off the k mine and they were lucky, thousands of cabins and millions of acres but at the end of the day one dead, one laying on his back helpfully in great pain. >> problem mentioned -- rob mentioned they were so close to candidate that the guards were tipped off and they were tipped off. he was two- or three-miles so you have border security issues. that speaks volumes about our border. it speaks about gun control. you know every person that owns a house in this neighborhood if they owned a gun their happened was on it for the last three weeks. >> if they don't the three

miles to the board their would not represent any measure of sanctity. the mounted police --. >> they we would be on top of them. >> they were lined up with machine guns on the army, a thousand percent. canada was just a mirage, a safe haven in his twisted head but when he is in canada it would be the same. they are good, they are terrific. >> just to break in a minute, buffalo news said he is alive and in surgery in the hospital so we will see how that pans out. we have a retired united states marshal. john you have to hunt down and chase down the fugitives and other law breakers for years. your thoughts? >> absolute textbook, kudos to law enforcement and to the state police trooper spotting him and

heads up, great day for law enforcement and the community. they can have a sigh of relief. law enforcement can take a deep breath. and the money a testament to their phone calls and a testament to the media for the heightened level of awareness. a great combination and a winter weather warning. what you did not see is the future investigation going on in the background. can you describe that? >> back to the going here, we treat this like a homicide investigation the first 72 hours are critical. part of the team developed all of the information in the prison. that will include the prior criminal activity before they hit the bridge.

part of that you develop any jailhouse sources of information or informants in intelligence, visit and phone reports. >> maybe some of the inmates talked of the land and they may have said they were going to head to canada. >> that is part of the value of having him alive because put it this way if he comes out of this and helps up back in the prison he will not be well received because you have to figure the benefits the gives the prisoners are about to lose --. >> will he talk? he is a hardened convicted killer of a police convicted of shooting but running him over in a honda. what is in it for him if he is out of surgery and is awake and survives? we have been talking about that. throw him a candy bar and he will talk or will he clam up?

>> it is in his hands. it is a lose-lose. he is going pack and it is first to say he will be on lock down if he gets into a population the prisoners will not see him well. the investigators are going to be in a good position for bartering and horse trading so give him whatever he might want but the value is -- what other unanswered questions need to be answered in the jail break. in other words what other staffers were involved. you hook at that, the tunnel they went through 24" in the steam pipe, to get into the steam pipe but how do you get out. what kind of assistance? >> thank you is a huge question: how do they get out of the pipe

in the same spot where the man home is? did they have a string? did someone walk it by steps and tell them you go a certain number of feet with your steps and count 600 steps? these are the unanswered questions. >> exactly. there have been reports of no larder. if a fellow stood on another's shoulders, the risk of being observed by citizens, but granted it was late did he reach down and pull up the other guy a lost unanswered questions. or a report that the pan hole was lobbed from inside with a chain and a padlock and that padlock was broken and that is how they got out. whoever locked it...they had that out of there. maybe there was another egress route, another doorway or it could have been locked. perhaps if there was someone

else involved they might have left the key this to go through. >> a lot of up answered questions. >> absolutely. >> hopefully they will get some of the information if he lives and he is willing to talk some of the up answers questions. john cuff, thank you for your insight, stunning development: captures. the map hunt is over. >> andrew cuomo the governor of new york is expected to hold a news conference in one hour from now at 6:45 eastern. rick is at the location where the news conference is expected to take place in an hour at the ski lodge in malone, new york, the town where richard matt was shot on friday. it will be interesting to hear what the governor has to say. >> there will be a lot of celebrating from the governor and other members of law enforcement would have been pursuing these men since june 6 when they break out of the

maximum security prison that did not see an escape from a unit since being built in the 1800s. great news for the new york state police and the 1,300 members of law enforcement. the man who shot david sweat is sergeant jay cook, on patrol in constable. sources said they had been there since yesterday because of tips and leads that led them to the location so they patrolled them he spotted david sweat walking along the road at some point and shot him and sweat is being treated for the wounds. the state police are holding the news conference. s with sweat carries a weapon? dehe point it? were there shots exchanged? richard matt had a 20 gauge when he was caught and he did not

comply with orders and he got three bullets in the head from the autopsy report released today. matt was shot and hit three ties in the head. september was not skilled and treated for the injuries. a clue that may have led police to the region north of malone could have been pictures from trailer cameras there is a photo that may be richard matt and david sweat walking in front of a trail camera showing matt holding a shotgun and it is not clear but it looks like sweat may be carrying a rifle. it is unconfirmed. perhaps authorities have more imaging show are whether both were armed. >> it is remarkable the police told hunters to dip on their cameras early to see if they could capture photos these gays. >> to turn them on and check for images. they set them up to track the

animal movement and if they see a lot of deer they know it is a good hunting spot and in this case where was an inma'am of them which is what authorities hoped for and they found d.n.a. evidence in a cabin on saturday and more d.n.a. evidence on wednesday in the malone area linked to rich matt and more d.n.a. evidence linked to david sweat found a mile from location where matt was killed. they tracked these guys. they had information and leads and information and tips. today it led to the capture of the second of the fugitives. >> sense we last talked we got more information how he was taken down and we know he was running away from the sergeant when he was shot twice in the back. we do not know if he was armed. we had a guest speculating chances are he was not arm asked he was caught on a road running

from authorities. do you know anymore what went down? >> not yet. we hope to lend more. he was a couple of miles no more than five miles from the canadian border and we know from our own experience heading up that way you can, in fact, in some cases drive right into canada without going through any check point there is no border protection in certain places, this is an indian reservation and ways he could have walked from the united states into canada undetected but the police were there. forder protection was there. canadian authorities were looking for him. you can walk into canada from the united states without being spotted. >> we understand he was pleading from the mouth and shot twice in the bath and he is in a hospital in malone in surgery. that is all we know as far as

his condition. he will be treated. he will probably be prosecute to jail in clinton county where he escaped. our people are saying he is not going back to clinton correctional and he will be put in a super max prison and not given the privileges he is enjoying before the escape. the news conference is expected in under an more from now and governor question me address and there will be a lot of applause for sergeant jay cook, the her rove day who brought him down. "new york times" reporting he is a firearms instructor so when the suspect was confronted and ran his training must have kicked in and saved the day. sweat starred to plea and break and it saved the day. >> did he shoot in an area of the body with that kind of

expertise and he shot in a way where he knew he would bring him down but not kill him even though in a situation lick this we have had police officers and detectives say in a situation like this detectives would shoot to kill but he did not kill him. he successfully brought him down. if he lives to talk...a great great day. >> pat bronsan a former new york police sergeant. >> god has a sense of humaner a firearms instructor is the guy who makes the i.d., a bittersweet irony in that one a guy who knows how to handle a gun beyond expertly knows how to take the guy down and let him live. all the stars were in alignment. that my take on it.

sergeant cook, hero of the day and i am sure many days but today, that is fantastic news. we can be reminded and thankful to the efforts of the law enforcement across the country they serve and protect us and try to keep us safe from the guys like this and today just under 2 1/2 hours ago aive it blunt example of the bravery and courage they exhibit on the streets of our country each day and the gay on the left killed on friday and the guy on the right, dave sweat taken into custody thanks to the efforts of the new york state police. >> we talk about the fact he is in custody and shot. he is in surgery. the expertise behind the sergeant today when he decided to pull the trigger and get the guy down he could have killed him. there is a lot of pressure on police officials law

enforcement officials about using blunt force and this is a perfect example of the new york state police department that can have taken down a cop killer but, instead he let him leave and believe me if this guy had the training we are talking about he knew where to shoot him in the back while running and know what major arteries and major organs not to hit to let him live. he is alive because of a new york state police sergeant today. >> how is the were any in that, can you believe it? take him down and let him live. he is a very bad guy but that is the duty, that is what happens when you put your hands up, protecting and serving. i don't think they ever lose sight of that. my interaction with the certified firearms instructors, they are the past of the best.

that is what these guys do. that all they do. the fact is, you were on spot to say he knew where to him him and how to take him down but not to put him out of commission. this is a lot of lessons as pointed out so many questions about the access and the operation of the other elements that have to be answered. who knows there could be other blots brewing. he will shed a lost light on that if he can. we need the intelligence on that. >> the intelligence is key the intelligence is request we all want him to live because we all want answers we want to know how they knew how to get out of

the pipe and bust through into a pothole. who told them? who was on the other side? someone on the outsidest are there other potential criminals out there on the loose right now? this search is not over. we do not know we who is on the outside. most thing they had the help. they did not have the first woman nabbed as an original accomplice but someone helped them. they planned this for months. mat sweat was in touch with his summer twice each week for years, pamela sweat and two months ago the letters stopped. while september was serving a live sentence without parole for his killing of a 2002 broome county deputy he and his fellow inmate who executed the escape, his own mother said and i quote, "i could not believe he did it." and she said i don't ever want to hear from him again.

i hope investigators hear plenty because those are the answers now we are all very much looking forward to. we will continue our coverage right now here on fox. >> the manhunt is over, david sweat, 35 years old serving life prison a sentence for life for killing a police officers, a sheriff deputy back in 2002 has been caught. we are told he was shot. he is wounded. reports say he now is in surgery on the right captured, in custody, as he walked down the street in constable, new york, early this afternoon. reports say he had hunting camouflage on and was walking on the street. the new york state police say sergeant jay cook a firearms instructor part of the team on the search, saw him walking down the street, thought he was suspicious and stopped him and he then started to