escapee david sweat shot and captured by officers bringing him in alive. it involved a massive manhunt with more than 100 officers tracking down richard matt and david sweat since they broke out of a prison on june 1st. here's what we know. the search was brought to a close in the town of constable, new york just two miles from the canadian border. tick-tock now. shortly after 3:00 a police officer spotted david sweat walking down the street. he ran and turned toward a

treeline and that's when the officer took action because he knew if he went into that treeline he might not get him. sweat was shot in the back. he was treated at a hospital in malone new york and is now being treated at a hospital in albany. his capture a few miles north from where a federal agent shot and killed the other escapee richard matt during a confrontation on friday. rick leventhal is in malone new york and rick got a first interview with the district attorney moments ago since this capture, and rick what more have you learned? >> well harris we're now joined by the sheriff of franklin county kevin mulberhill who actually saw david sweat when he was brought out of the hospital this afternoon. tell us about it. >> he wasn't in very good shape. he was pale his chest was covered. they had a breathing tube in his mouth and they brought him right

over. >> your county was the heart of that search and it's where he was caught. there has to be a lot of relief on your part. >> absolutely i. couldn't mosh ecstatic for the people in our community and the law enforcement community. what a sense of relief. our lives can get back to normal. we don't have an extended summer here and we want to take advantage of all the good weather we can get. just the last three weeks has put everybody undercover so to speak, and batten down the hatches and we have some relief. >> it was a very serious and potentially dangerous situation for the people here. these guys were escaped killers and one of them was armed. >> absolutely. it's not something we're used to dealing with around here. in communities around here a lot of times the doors are unlocked. car keys are in or near a car. it's been a complete lifestyle change in the last two weeks. >> sheriff, you and i talked yesterday and every day you wake up and think, this is the day. yesterday you said if it's not tonight, it's tomorrow and it was tomorrow. >> it's great. the law enforcement community

and all the cooperation made me out to look really smart today. >> you're also a former new york state trooper, so you have to be able to relate to what they've been through and the success they accomplished today. >> absolutely. a lot of pride with the new york state police and everything that they've done. they've been the lead agency in this investigation right from the tthe escape. they've done an outstanding job. major guest has been a great leader right down to sergeant jay cook who had the shooting today. >> and you know sergeant cook from his early days in the academy, right, or when he first got to franklin county? >> when i was in malone he was a state trooper in malone. he was a standout guy. >> taught him everything he knows? >> i wouldn't go there. but he's got 28 years of experience. all the training he's given to other people he was able to perform admirably. >> and now you and your county can get back to summer vacation. >> absolutely. what a relief. we've enjoyed having the media

here and the law enforcement has probably been good for our economy. these certainly weren't the best of circumstances. we would invite you all to stay but we're probably not going to be sad to see you leave. >> that's good to know. that you thank you, sheriff. appreciate the time. a lot of these law enforcement have families with kids that are concerned, because they keep hearing the news there are two escaped killers on the loose. one was killed on friday and now the second one has been captured so a collective sigh of relief here in franklin county. >> what we got from him, too, was that raw, human element what it's like to be holed up inside your house. we're talking about thousands of people potentially in several different communities. because as you fan out from that prison you know you had miles and miles of places where people are trying to get out into their cabins and enjoy their lives, and as he said they haven't been able to do that. it wasn't just the danger component, but it's also the life on hold component. >> right, and, you know high school graduation ceremonies were held on friday and

yesterday, and, you know people were ready to start their summer vacation and didn't feel safe doing so. but now they can do it. you know it's definitely a positive thing here and there's been a lot of celebrating. we saw a lot of the troopers and their bosses and even the governor you know handshakes and high fives and a lot of smiles. >> right now we're going to pop up on the screen the picture fresh to fox news of the capture of -- now i'm being told that's absolutely not what we're going to see, so forgive me rick. what i did want to say there, though -- >> i've seen the picture. he doesn't look very good. >> what we learned from sheriff mullville right there is he looked in not very good health at all. >> it's worth noting there he was fully clothed, not just in long pants and a shirt but a jacket as well a raincoat. he apparently got those clothes from one of the hunting cabins these men are known to have broken into. richard matt apparently got a shotgun from one of those

cabins and both men apparently got clothing as well and food, and apparently booze which they were drinking while on the run the last 23 days. it had to be somewhat of a miserable existence for them looking over their shoulder every day and every night, wondering if this would be their last day of freedom as it was. matt's trip ended on friday and sweat is going back to prison as soon as he heelsale heals from his wounds most likely here in malone and not a correctional facility he escaped from on june 6. >> we put this up on the screen first fox news getting a look at david sweat. you heard sheriff kevin mulve mulverhill saying he didn't look very good when he was transported. now he was transported to a hospital in albany. thank you very much.

i want to bring in rod wheeler. rod, you were on with us earlier as this news was breaking. now we have this first picture, we have some details, so many more details about the sergeant that took him down. 21 years of experience. so this wasn't you know a first year police officer looking down the road and saying oh that could be him. this was a guy who had a detailed eye, a veteran's eye, an experienced eye to be able to look at the man in that picture and to know if he makes it to that treeline i got to get him before that happens. >> you're exactly right, harris. let me set the stage for you and the viewers as to how this probably went down and this is typically as to how we would confront a suspect such as the suspect of david sweat. this officer, jay cook was on routine patrol in that area. he's by himself, harris. he didn't have another partner with him. he sees this individual that closely resembles the suspect. he gets out of the car, he tells this person to freeze and put his hands up so what we know

for a fact is sweat decided to run and to try to blend in with the treeline. so what this officer did was probably tell sweat to freeze don't move. he continued to run so the officer unloaded two rounds into his back which the officer can legally do and a lot of viewers have been texting me and asking can the officer do that? in a situation like this harris yes, he can. the law makes it clear that if an individual escaped from a prison, and you know this individual is a potential threat to others then you have the legal right to use whatever force necessary to return that person to prison. in this case it was lethal force, although sweat might have died of course but he had the right to use the gun. >> one of the questions we were talking about earlier tonight was that level of frustration that police may have had, authorities may have had just knowing, you know what they had to capture this guy more than once. to put him in a prison there had to be some sort of a situation where he was under arrest and then to have to go

after somebody who you know drove over a sheriff's deputy in 2002 after he had killed him, but just to make sure he was dead. >> well look this is the guy, harris who shot the sheriff's deputy 22 times. so this was a very very bad guy. i mean he was the type of person harris that we really take seriously. he wasn't a shoplifter or anybody like that so we knew that this guy and matt as a matter of fact was very dangerous criminals. we knew we was up against a gun fight if they did have a weapon. as you know harris on friday when matt was conconfronted he did have a .20-gauge shotgun. we didn't know whether sweat had a weapon. this officer, who everybody is calling a hero he really is a hero because he didn't know if sweat had a weapon but he did know he had to bring this guy into custody, and he did whatever action necessary, including putting his own life on the line. >> you're bringing up a good point. we know now he wasn't armed, but

we don't know what sergeant jay cook knew at the time other than what he could physically see. >> absolutely. you're exactly right. let me tell you, i've been in situations like sergeant cook was in. let me tell you, harris it's not as easy as people think it is. you got this guy, and this guy is the worst of the worst, and you're by yourself and you have to confront this person. so sergeant jay cook who, by the way, is a marksman because he teaches firearms he decided he had to use force, the amount of force necessary to put this guy into custody, and thankfully he was able to do it without being harmed. >> i want to talk to you a little bit about securing so many different areas. because when governor cuomo said more than a week ago, these guys could be down by the mexico border so they could have gone from one border to the next i remember seeing you and watching you, and at the time you were shaking your head saying monthno i don't think so. i've read about how when you're institutionalized for years in a prison when you get out and get

your bearings even though these guys may or may not have had help on the outside once they got out, you have to get acclimated pretty quickly, so that might slow you down a little bit, according to what i'm reading from psychiatrists. >> in addition to that as we all know now, these individuals, matt and sweat, were supposed to have help harris once they got out of that manhole cover. there was supposed to be a woman to drive them away. they had to find themselves out in the wilderness literally in an area where they didn't have any clue where they were going. it's kind of surprising to me though as well as to a lot of viewers that they were able to stay out as long as they were but when you look in that terrain, harris it's a heavily forested area and it's very difficult to search. so i can see why it took law enforcement this long to catch these guys but thankfully it ended with both these men caught and the one killed on friday. >> we've heard a lot today and it's conjecture.

we had a special agent with me on a little while ago, you shoot to stop. >> right. and i'm sure officer jay cook and assume this to be true. when you're out there and chasing a suspect like jay cook. jay cook got out of his car. if you don't want to hurt that person, you can probably shoot that person but you may not kill that person. he hit that guy sweat twice in the upper torso, the upper area of the back. so he survived but it's very difficult to shoot a person and you're running after him. >> i want to bring our guest on set, because i have the rare opportunity to have two law enforcement members who have similar experiences.

>> you know what you were passing me a note to talk about what's involved in that type of. have you reached that treeline? you might have turned around if he had a weapon. it's an interesting situation how that sergeant sergeant jay cook was able to take this guy not knowing, perhaps, everything. >> in the '90s, i was involved in a shooting with several police officers. i thank god there were a lot of officers that were able to come to the scene. he was firing his weapon at. . it's the most frightening thing in the world, harris the most frightening thing in the world. fortunately for us we are alive today, that suspect is dead. real bad guy, killed a few people from what i understand. but my point is that as rod so

eloquently put it we don't go near the wound, we don't want to kill anybody, we go to stop. this sergeant thank god it was him. he knew what he was doing. >> law enforcement did such a beautiful job, but i got to tell you, every legal mind i see on this i want to continue asking the question what would have happened god forbid had either one of them richard matt or david sweat, shot and killed a police officer and one of these people that might have been walking by the cabin, something like that. they couldn't double down on anything. >> here's something i'm sure my good buddy ron will agree on. as a police officer, we never know who we're walking up on. when we stop a vehicle, we don't know if that person is armed or ant. but you know what we're trained in the police academy, harris? they know where we are, we know they're armed. sole every. . part of the investigation i'm so

curious to see. prisoners have access to books, they have access to ail sorts of things. sfm sfm. this one where we see, other people would help them out who would do just as much harm as they would do. >> you're right about that harris but i think the investigation is really going to focus in this case with the institution itself. now, there was 1400 employees who work at that clinton institution, and they have some major problems there. i heard you earlier, harris talking about where is the warden? >> i can tell you where the warden is because he has a lot of of. how fast does it happen can it happen again, and that's why i think the governor had a hand in this. but i think it will be a learning and teaching experience

for all of us. this is roiters recalls superintendent that's kind of old school because that's what i was told. prison superintendent is more the vernacular. but they said this rat set is going to ahave a lot of questions not just how he was running his own president -- and i want to do my own reporting. is it true he would know about the. were there any complaints. here's what enters buie a pitcher now. spm. you're absolutely right. did someone in that prison system who works there knew what was going on in this relationship and never reported it? or was it reported and just walked off as rumor, propaganda

we'll deal with it internalally. that has to be a question. >> i know one person. my friend janine piro a judge here in new york for years has been asking these. we have complete coverage of the police shooting and capturing of that second escaped new york prisoner two days after authorities fatally shot his accomplice. we'll have a live

two escaped inmates now accounted for, one shot and killed the other shot and captured. now the investigation shifts to building a case against the surviving convict and the prison workers accused of helping the men escape. let's bring in janine shapiro, host of "judge janine." always great to talk to you. >> how are you, harris? >> i'm great. i have two big questions. the death penalty abolished in 2007. these guys knew, judge, that no matter what they did, if they were put back in that prison nothing else could be adjudicated against them. they'll press these charges, but the penalty is the penalty. they got life. >> look actually no matt has 25 to life. it could have been something to the rest of them but through the 25. but at the same time sweat had

life without parole. he can't get any additional time for escape and had he shot or killed someone, he wouldn't have been able to get any additional time. and you're right, harris it is an argument for the death penalty. these guys have nothing to lose. that's why when this first happened harris why didn't these guys have chips in them? why don't they have gpss on them? we put pedophiles on gps. these guys should never be outside the prison walls, and the only way to protect us so we know where they are given human error, and make no mistake, harris this breakout is a result not just of the low level joyce mitchell whether she was involved with one or both of them i really don't care or whether gene palmer was supplying them the tools, this

is about a stand-up count at 10:30, and nobody got involved until 5:30 a.m. in the morning. where are these corrections officers? why aren't they doing their jobs? why are they running a circuit to a hot plate in the cell so they can go in the catwalk and fix it? by the way, i can't have a hot plate in my office so what are they doing with it in their cell? these are prisoners that are secondary to murder in a high security prison and that is central monitoring. both of these guys fit that criteria. you have this guy, matt who literally put a screwdriver through the ear of his boss a 73-year-old guy, and then dismembered him after he tortured him, and this guy sweat, who you've been saying shot a deputy sheriff over and

over and ran over him with a car. these guys should not have been in the position where they were able to act as any of the benefits from the honor program. and when i first saw the department of corrections, two weeks ago they said well they haven't had any complaints therefore they were on the honors program. and after they thought about it -- >> what? >> after they thought about it harris they sent this e-mail and they said oh but there's other criteria too. that's hogwash, and i'll tell you why. i had a guy who was in that facility for manslaughter who told me that the prison guards and the prison employees are having sex with the inmates, and that's not unusual. they come back and they brag about it. and they are violating the rules left and right. where is the superintendent? >> yeah where is he? where is he? >> he is running for cover.

>> i haven't even heard his name. we were talking about it tonight. i want to say it again, i want to get it out there. i mean i'm curious. i've got information on him now, and i'm just curious. nobody else wants to know who this person is? >> let me tell you what's going to happen. they're going to start pointing the finger at the inspector general, and now they're going to say, well because of the budget cuts we had to have these unmanned powers and because of the budget cuts we couldn't check on the inmates. you know what that's got nothing to do with the worst of the worst who should be in a separate vessel monitoring system within a maximum security prison. they should not be able to access any of the stuff these other guys do. i'm telling you right now, there is now going to be a scenario where -- i think just the other day, yesterday, somebody broke out of a prison somewhere down south. they're going to say, hey, i could get away with it.

i could do something. and this is a bigger problem than a couple of low-level prison employees. >> can i ask you something, judge? first of all, the prison employee who i call the warden. steven russet is the name. we were talking about steven rogers who was the former prison warden in nutley new jersey. in the military if you're leading a group, the leadership gets relieved of duty when things like this were to happen. that's what steve was saying. what should the penalty be to the leadership? aside from where the guy is to. what happens after the worst of the worst. >> the problem is there was no criminal liability on their

record. >> should there be? >> unless they did something further in their conspiracy or if they were warned something was about to happen. this is the problem. you get these appointees and they were appointed by cuomo, make no mistake, then you get these employees who are afraid to criticize their governor and they say we don't have enough staff to cover the props we have in the jail and it's just a finger pointing. we've seen it in mayor. the problem is and the outbreaks you have is perfectly appropriate. we are the ones at risk. and god forbid they have killed a police officer or an innocent civilian and there is blood on them. but the problem is the way the system is run, there is no real accountability and should he lose his job? probably. i mean doesn't it all stop at

the top? >> one thing i want to say, it isn't every prison it isn't every prison system but it is this one that we're talking about and looking at tonight. judge jeanine pirro, always good to have you along and listen to your experience. thank you. >> thank you. fugitive david sweat shot and captured. it's what we're covering this hour bringing the end to

bottom of the hour now, some other stories making news. we have a lot of work to do. those were the words from secretary of state john kerry who is locked in the nuclear negotiations with iran and other world powers. diplomats have until june positive30th to reach a final agreement, so just a couple days away. but officials say talks will probably extend beyond that target date. iran's foreign minister is headed home after today's discussions. they are working on a way to curb iran's nuclear capacity but details still have to work out. kerry is asked that all nuclear arms be removed as soon as a

deal is reached. former cia director general michael hayden says iran has the momentum going into the final stretch. >> i actually fear that the iranians have the upper hand right now. i absolutely fear we have painted ourselves into a corner where we feel any deal was better than no deal at this hour. >> despite reports out of iran that some very serious issues have been resolved they say not true and adding sarcastically, then why aren't we entering an agreement today? john kerry was there about five hours with his iranian counterpart before they returned to iran for alterations. it was expected that ministers would come and go. the russian and see chinese had

only sent a few to these rounds of talks. the sticky points included the seasoning, and the analysis nuclear talks to eye rhawny. if the event iran is said to have violated a fej bed, they would remain at the table all the way through july 9th which is the date by which the obama administration is supposed to meet with congress on the terms of a deal. harris? >> james, thank you. headquarters fox news. 2016 presidential candidates had a lot to react to this past week. from it ran nuclear deadline as we were just talking about with james, to the latest supreme court rulings, the issues that seemed to garner the most varied reactions was the decision on gay marriage. christian fisher with more from washington. >> the supreme court's ruling on

same-sex marriage is really dividing republican candidates. on the one hand we have the very conservative candidates who are calling for a constitutional amendment banning same-sex marriage. on the other hand you have candidates like jeb bush or lindsey graham who are urging the party to simply accept the ruling and move on. they think a constitutional amendment will go too far. they worry that kind of rhetoric will will. >> what i want to do is protect the religious liberties who believe that engage in the constitutional amendment process as a party going into 2016 except for the church's ruling. fight for religious liberties of every american. >> but candidates like mike huckabee aren't backing down. today he called the supreme court ruling judicial tyranny and even went so far as to say county clerks should not have to issue same-sex marriage

licenses. >> if they have a conscientious objective, i think they should be excused. i'm not sure every governor and every attorney general should just say, well it's the law of the land. this was not done through the legislative process. this was done through a court edict of five unelected lawyers, a part of the committee, who decided they knew better than the legislators who. they united in their support of the supreme court's ruling. now back to our top story with some new information. a three-week manhunt over one escaped inmate skmot killed. pete winslow is live from constable, new york where david sweat was tracked down earlier. peter? >> harris despite the manhunt that stretched from the prison to here just two miles from the canadian border.

it was very uncommon to see law enforcement officers traveling alone in the areas that were -- was not part of the strat jill that this new york state police sergeant was by himself, shouted out to a man that he saw lightly jogging along the side of one of these paved roads that cut through basically a residential neighborhood that and decided, without waiting for backup only had time to shoot to stop the fugitive murderer david sweat, going along. we saw where we just. maybe not disappear for three

weeks, but it would be very poe fishlz very relieved. this is the sentiment we get on the ground here. they say there is a lot of gaps they'll need foilill in, but something that has not been getting enough attention from governor cuomo, and he explained it in as much detail as we've heard him go into this evening, that using small tools these two prisoners were able to get into what he described as a labyrinth of tunnels in the correctional facility. he said one of the prisoners, either matt or sweat, he did not elaborate elaborate, was a burglar and repeatedly picked a lock as part of the process in either planning or executing the escape. now, obviously, we are a long way here almost to canada from the clinton correctional facility. if you look on the map, it's about 59 minutes to drive from here to there. so he covered a lot of ground

once -- david sweat covered a lot of ground once those locks were picked, once they got out. we have a lot to learn, and the hope is obviously, by authorities who might want to prosecute anyone else who was involved, but also by us who have been trying to figure out where these two guys are, along with the rest of the world w he will start speaking once he is out of the hospital. they took him to another hospital down the road allegedly the same hospital that joyce mitchell was taken the night she had the anxiety attack when she was supposed to be their getaway and bailed out at the last minute. david sweat is being taken to a larger facility that can tend to his wounds. the facility here was just not able to properly care for him. they're going to get him cleaned up get him on the mend and

hopefully they started talking and how they got him here. >> what struck me was how quickly earlier things seemed to get back to normal. i remember they were moving the barricades behind you just shortly after they captured this guy. >> harris it was amazing. when we first pulled up onto the scene, the ambulance carrying david sweat still hadn't left. there was a police car in front, a police car behind and they had a state trooper block a couple cars neighbors, just normal sunday afternoon traffic here in a rural neighborhood and then he was off. and then the police just sort of dispersed. a lot of the officers new york state police officers who have been here helping are from a ways away. i spoke to some woman and asked when are you going to be able to go home? nobody as far as i know from the officers i've spoken to knows when they'll be able to go home but the feeling, just the sigh of relief of the whole

22-square-mile search area in this whole part of new york was so immediate, and the impact of this massive, massive search was -- disappeared so quickly. it was really something to see. this morning we were in a neighborhood a few miles away from here watching state police go door to door with shotguns. just a few hours later, they're going home. >> peter doocy, thank you very much for all the live reporting from constable, new york. real quickly, one of the things we were able to get tonight was talk with the district attorney who will be handling the new charges in clinton county against this prisoner that they've gotten back now. the problem is there really isn't anywhere else legally that they can go so i wanted to know about the frustration of that. his name is andrew wylie. our rick leventhal got him first. watch. >> i have to take legal administration as it exists. i have to protect notices laws and sentencing guidelines that

we have. i'm not the person who can make those changes in albany. it is frustrating we have a person who has been convicted of violent murder of a law enforcement officer, that he was serving a life sentence has escaped, and the hardest thing that we can sentence him to is a a. that's very frustrating, yes, it is. >> the -- they can't really add anything on to his life sentence as they go forward, but at least the wider public is safe tonight. now we'll move on to other news again. disturbing new details in a wave of terror attacks around the globe. the latest of the attackers and

we're getting new video showing the aftermath of that attack in tunisia. it appears to show authorities combing a beach after a gunman opened fire killing at least 38 people. now authorities say the search is under way for possible accomplices. john has more from our middle east newsroom. john? >> reporter: others may have been involved in the attack not necessarily with the actual massacre but possibly in some indirect way, and so far police have taken the killer's father and three roommates in for questioning, and today we're learning more about the 23-year-old university student responsible for the massacre. investigators say that he was not on any terror watch list but may have been radicalized recently by islamic extremists. we know he opened fire on a beach of tourists friday before attacking a nearby hotel. so far at least 15 of the 38 people killed were british. in france meanwhile, police say

the man who attacked a u.s.-owned gas company and murdered his boss had been investigated in the past for ties to islamic extremists. investigators also say that 35-year-old yacinne sahi took a picture of himself posing with the severed head of his boss that was found hanging on a railing. isis claimed responsibility for both attacks and has urged its followers to carry out more during the holy month of romidon. but michael hayden says it doesn't appear the attacks were coordinated. >> certainly all inspired. i have my doubts whether they were all coordinated and i really would doubt whether they were all directed. >> not all victims of friday's attack in tunisia have been identified because many were not carrying i.d.s on them at the time of the attack. but we do know that a husband and wife a grandmother and grandfather, a father and son,

are among the dead. we're also hearing the stories about the heroes including one man who took three bullets while protecting his fiancee. both survived. harris? >> john thank you. thanks for calling angie's list. how may i help you? i heard i could call angie's list if i needed work done around my house at a fair price. you heard right, just tell us what you need done and we'll find a top rated provider to take care of it. so i could get a faulty light switch fixed? yup! or have a guy refinish my floors? absolutely! or send someone out to groom my pookie? pookie's what you call your? my dog. yes, we can do that. real help from real people. come see what the new angie's list can do for you.

>> as we wrap it up this hour i want to revisit what we have covered convicted murderer sweat back in cust bee after a trooper shot him twice. sweat hospitalized in stable condition at this hour. his capture into that intense manhunt across up state new york bring back mc rogers from the net lee new jersey police department. real quickly, this isn't just about new york. this is about holding people at the top accountable away from the investigation of how these

guys got out is a look at leadership. judge jeanine pirro was on earlier this hour and she said this particular superintendent this war dan at the correctional facility would have been appointed by the governor. former police officer for 38 years. >> governor cuomo needs to remember the buck stops here. what criteria based on what quall qualifications about you make this appointment? when we get the answer to the question there will be answers to how this came down. >> we hope to get the answers. certainly more questions. >> rod wheeler former dc homicide detective and fox news con contributor. at the center of this is the guy who would want to led the prison. we haven't heard his name very much in all of this. at least not among all of those reporters in the news conference with the governor. my hand would have been in the air i am sure he probably would have blown me off.

>> obviously he will be interviewed and there will be a lot of soul searching with the prison system. i don't think it is just that prison. it is all through out the prison systems they need to look at. you have to start looking at could the same thing happen at another one of our prisons? they need to look systematically to see where the problems are. >> there is this bigger issue across our country of we have people who appoint these jobs holding people accountable in powerful positions. whether it is here in new york you and i live in jersey, it could be anywhere. >> you have to leave politics out of the police profession. let them do their jobs leave them alone will you get a lot better results. >> that's going to do it for "fox report" on this sunday june 28th, 2015. i am harris falkner. thank you for watching. i will be back with you tomorrow at noon eastern with "out

numbered." have a great week.

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>> it is monday june 29th. a fox news lart. a dramatic end to the capture of one of the country's most wanted men. >> the nightmare is finally over after 22 days.

>> next we learn brand new information about the hero trooper who pulled the trigger. >> hitting home growing fears of the terrorist attack ahead of the 4th of july. >> military installations, law enforcement or possibly a 4th of july event parade. >> this on the heels of three attacks on three continents. >> making isis sweet. wal-mart doing control after a con federal flag gate. then honest isis. "fox and friend first starts right now. >> you are watching "fox and friend first on this monday morning. appreciate it. i am heather childers. >> thank you for starting your day with us. i am ainsley earhardt. the hunt is now over. david sweat is captured after more than three weeks on the

run. >> he is in critical condition after being shot by a loan police sergeant just two-miles from the canadian border. his arrest two-days after his accomplice was kill bide police. >> peter doocy is live with the dramatic take down. peter? >> the convicted cop killer david sweat was traveling alone and he didn't have a gun but he did have pepper shakers that he had been using to throw off the scent of canine units trying to pick up his trail. it was not his scent it was the site of the fugitive who stayed out of jail for a few weeks by a hero new york police sergeant jay cook on control by himself that ended the massive manhunt. >> at some point running across the streetfield he wasn't going to make it to the tree line and possibly was going to disappe