thank you for joining us this memorial day. >> great to be with you. you need to go home and get some sleep. >> trump, hillary clinton, and who? a new nominee is in the race already. pulling double digits the polls. so can this third-party candidate actually hurt the other's chances? a lot of politics ahead. a holiday weekend washout for millions of americans, and forecasters warp that deadly flooding could get worse. police officers under fire. [gunshots] >> a shooter even aiming at a police helicopter and now the big question, why? and honoring our nation's heroes this memorial day. >> all those who can't be here and were taken too soon.

>> we'll be talking with an iraq war vet, the subject of a new documentary about the war wounds that aren't always easy to see. all of it begins right now. hello, i'm gregg jarrett in for shep. a third-party candidate has entered the race for the white house. he says he thinks he has chance because surveys show the major party front-runners are two of the most disliked and distrusted politicians in the country. former new mexico governor gary johnson won the libertarian nomination for president yesterday at the party's convention? orlando, florida, johnson was a republican when he was governor. he was also the libertarian presidential nominee in 2012 and won less than one percent of the vote. this time around, take a look at this. a recent fox news poll showing johnson getting 10% in a matchup against donald trump and hillary clinton. that poll has trump beating

clinton by three points but without johnson in the race the survey shows trump winning by the same margin. gary johnson's running mate is another former republican governor, william wells of massachusetts. johnson told fox news he believes they can draw support from both ends of the political spectrum. >> we're small government guys and also socially liberal. i think that is the makeup of most people in this country. i think the libertarian party actually represents most people in this country, but they just don't know that they're libertarians. >> here's the catch. to get on a presidential debate stage, well, johnson is going to have to boost his poll numbers from 10% to 15%, which is manageable. we do have team fox coverage today. bryan llenas on the democratic race, rich edson on republican critics of donald trump. first to james rosen in washington. donald trump has been make something appeals this holiday

weekend to veterans. right? >> reporter: that's right, gregg. good afternoon. in addition to touting veteran care, trump touched on gun ownership rights telling the rolling thunder that hack human being would abolish the second amendment, something the clinton campaign denies. trump neated his recent endorsement by the national rifle association and another point fused the subject of veterans care with his signature issue, immigration. >> we have to take care of our vets, and in many cases illegal immigrants are taking much care -- really are taken much better okay by this country, taken care of, than our veterans and that's not going to happen. okay? it's not going to happen. we're not going to allow that to happen any longer. >> on the subject of health care, trump told the veterans if elected they'll have access to

private medical care and we'll, quote, pay for it. >> is trump making progress unidentifying republicans. >> he is perhaps not as quickly as the presumptive g.o.p. nominee might like in part due to some self-inflicted wounds, like the controversy over his denigration of the new mexico governor, a republican feel mail latina who some superintendented as a possible running meat. martinez had previously been critical of donald trump. last week he condemned her as, quote, not doing the job. trump is now the head of the republican party as a republican nominee. what we know is that he brings people together. and him and paul ryan are going to have a great relationship because at the end of the day, the choice is binary. you have hillary clinton in the white house or you have donald trump. >> and that, of course, on the enduring controversy between house speaker paul ryan, who has yet to endorse trump.

and the presumptive nominee. lieu want down -- lewandoski claimed trump was only discussing the economic situation in new mexico instead of attacking her. >> except he used her name when leveling the criticism. that's tough one. >> she had given perhaps as good as she has gotten over the paster two months. she had been very critical, governor martinez, on donald trump on his tone only immigration and women so he was only returning fire from where he sits. >> james, thank you so much. >> thank you. >> some republicans say they are skeptical of donald trump for the same reason they oposed president obama. comes down to the use of executive power. rich edson is live in washington with more. who are these republicans? >> reporter: good afternoon, gregg. they're primarily those in the freedom caucus, about three dozen of the most conservative house republicans. they're often at odds with their own house leadership. once spearheading challenges to then speaker john boehner, and

also declared president obama's use of executive authority, from orders on immigration and gun control to polson bathroom and locker assignments for transgender students in public schools. donald trump says he plans on using executive orderses to institute his own policies. some freedom caucus members say they would oppose any president, even a republican, if they abused their executive authority. >> as a republican president who tries to overreach using his executive privilege, there would be republicans here to push back against him. >> trump has also promised to resipped obama administration orders he has issued over the last couple of terms. >> as trump been trying to address these concerns? >> as with other issues and statements the presumptive republican nominee is explain can go tempering his previous positions and said he would negotiate with congress and denies he would use executive authority more than president obama and says it's a negotiation back and forth with congress, and he will not sign that many executive orders, and

fails to offer too many specifics when it comes to where precisely he could, other than undoing what president obama has done. trump's support varies, some support him, others have concerns though will vote for him to defeat hillary clinton other. s oppose him or just refuse to comment. >> rich edson, live in washington. thank you. to at the themcrats now. bernie sanders is calling california, the, quote, big enchilada of the primary season but is not ready to pack it in. even if he loses there. >> obviously if we don't do well in california, it will make our path much, much harder. no question about it. but i think we have a good chance to win in california, maybe win big, and maybe win four or five of the other states that are up on june 7th. >> reporter: he could. the poll shows the vermont senator making up bigground in california but still trails hillary clinton by eight points according to the real clear

politics average of polls and is down by nearly 800 in the delegate count, according to the "associated press." clinton, 70 delegates shy of clinching the nomination. that includes the super delegates. sanders claims he can convince them to switch sides. really. bryan llenas is live in new york where hillary clinton lives. and is spending memorial day. bryan, how is sanders making his case to the super delegates? come on, let's switch. >> reporter: hi, gregg. senator bernie sanders believes if he can win a big majority of the delegates on june 7th, tuesday, when six dates vote, he can go into perhaps the convention with big momentum and perhaps even with a slight delegate lead and athlete that point he is hoping he can convince some 400 super delegates, who can choose who they want to vote for, to side with him and not hillary clinton. but it's a long shot. hillary clinton is 73 delegates short of clinching the nomination and is expected to do

so by tuesday, june 7th. today hillary clinton spend the day with her husband at the city's memorial day parade. she has lived here since 1999, and sanders continues to campaign in california all weekend. attacking trump, saying he is a danger the world while mocking him for not accepting a one-on-one debate for him and for true. 's recent comments there is no drought in california. >> you see we don't fully appreciate the genius of donald trump, who knows more than all the people of california, knows more than all the scientists and he knows there is no drought. >> reporter: part of the sanders plan is to convince voters and delegates he is the tougher opponents for trump. >> bryan, the calls to drop out are certainly there, but sanders is like the 75-year-old energizer bunny who keeps going and going and going.

>> reporter: yeah. he is not only campaigning and continued to campaign. he is lifting up and increasing his attacks, continuing to go after hillary clinton. this time with a new ig report on christian to be's private e-mail server saying it's not good for her and that it's something that voters and delegates should take a hard look at, and democratic leaders this weekend are calling on him to drop out and to unify the party. >> senator sanders has the right to run, no question. he ought to be able to read the sign posts as well as anybody else. and if he did that, he would know that it's all but over. >> reporter: that was the senator of the all-important state of california. this weekend, the sanders campaign formally asked that the dnc fire two cochairman because of their bias, calling them hillary supporters. the dnc denied that request but the sanders campaign says they're going to bring up the issue at the democratic national convention. >> we'll wait and see. bryan llenas.

thank you very much. well, it's just about impossible for bernie sanders to score the nomination but he could still be a threat to hillary clinton, according to a political reporter who says sanders could turn this summer's convention into a circus. really. we'll talk about that. with him next. we asked a group of young people when they thought they should start saving for retirement. then we asked some older people when they actually did start saving. this gap between when we should start saving and when we actually do is one of the reasons why too many of us aren't prepared for retirement. just start as early as you can. it's going to pay off in the future. if we all start saving a little more today, we'll all be better prepared tomorrow. prudential. bring your challenges. this clean was like - pow. everything well? it felt like i had just gone to the dentist. my teeth are glowing. they are so white.

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more politics now. how will the new libertarian

nominee shake up the presidential race? a let's bring in paul singer, washington correspondent for "usa today." great to have you here. >> thank you for having me. >> in the past, as we pointed out earlier, the libertarian candidate wasn't even reaching one percent. now the latest fox news poll is ten percent, and he hasn't really even launched his campaign much. where do you see this going and who might he siphon votes a. from, clinton or trump? >> well in theory he could siphon from both of them. the libertarian has the small government spending policies that appeals to republicans and also have the social issue kind of hands off my bedroom issues that appeal to democrats. they're very in favor of legalized marijuana. might appeal to bernie sanderses supporters. we're talking about 537 votes swung the election in florida in 2000 and that swung the white

house. you don't have to have a huge impact to have a huge impact. >> there's a principle in politics called the lesser of two evils. when people are faced with two really bad choices sometimes they look elsewhere. it's clear that clinton and trump are the most distrusted and disliked politicians in modern american history. so, is the timing here ripe for a guy like gary johnson? >> gary johnson or someone else. i'm not convinced this is the last third party we'll have in the race. there other third parties, green party candidate on the ballot. a constitution party candidate, and we still think it's possible that a never trump republican would get into the race. someone who sort of hears the the call of mitt romney saying we need to drag the republican party back from donald trump, who we don't fully trust. there could be a flock of

candidates on the ballot who complicate the math for both candidates. >> and big crist was saying something is going to be an independent candidate. it was a horrible week last week for hillary clinton. the inspector general's report comes out and it found that she was completely misleading and distrustful in five of her main statements relating to the defense of her e-mail scandal. how much does this hurt her? >> well, it doesn't help. gets back to what you were saying about the unlikability factor, hillary clinton comes to this election with 30 years of baggage, every statement she has made on all of these cases -- if the e-mail scandal had been a thing where the ig said she didn't do anything wrong, didn't

do anything right, wish she had done things better, might have been enough to make photo away. the way the report comes out it says she shouldn't have done the things she did and that doesn't help her maybe it go away. it goes right to the thing that people don't like about her. she parses her words and isn't trustworthy. >> assuming hillary clinton will wrap up the needed delegates for the nomination. what could bernie sanders do at the convention? >> well, a lot of things. even if he is not going to win, remember that the party platform still has to be committed and voted on at the convention and bernie sanders will have enough delegates, we think, to force notes on a bunch of positions leak $15 minimum wage, something that hillary clinton has not endorsed nationwide. and bernie sanders forced the party to vote on it and have the national party endorse it. campaign finance reform, even abolition of super delegates, things that go on within the party voting structure at the

convention. bernie sanders can force a bunch of us live debates internal to the party on to the national stage where everybody will be watching. >> paul singer, good to see you. thank you for being with us this memorial day. >> thank you, and thanks to our vets. >> okay. cincinnati zoo officials responding to critics about the killing of gorilla after a boy fell into his closure. that's coming up next. what's it like to be in good hands? man, it's like pure power at your finger tips. like the power to earn allstate reward points, every time i drive. ...want my number? and cash back for driving safe. and the power to automatically find your car... i see you car! and i got the power to know who's coming and when if i break down. ...you must be gerry. hey... in means getting more from your car insurance with the all-powerful drivewise app.

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a fox urgent now. zoo officials in cincinnati holding a news conference about the shooting and killing of a gorilla after a young boy fell into its enclosure. a moment ago they said the gorilla was slamming the boy's head against a concrete barrier. let's listen in.

>> we have a renowned reproduction program for ebb dangered wildlife. the reproductive biologists collected viable sperm from him which are important to bank on a real endangered species for genetic reasons and future population in zoos inch addition we have been contacted bay number of scientists work only genetic issues with gorillas, and so most of that is in the stored tissue. >> -- [inaudible question] -- >> his sperm was saved. not the end of this gene pool in addition he is -- he and his lineage are part of an ongoing breeding program. gladys, the three or four-year-old gorilla in our exhibit, came from the zoo in

texas and she is his half sister. >> you praised the way the responders handled. the boy was in there ten minutes. could they have reacted quicker? >> i think we reacted remarkably quickly, and we were remarkably fortunate that the boy wasn't hurt. >> how tall was the barrier and how many feet of bushes were there before the dropoff? >> the barrier is a little over three feet high, and the distance between the barrier and the drop zone there is about four feet deep. >> 15-foot drop. >> uh-huh. >> and you're the water. >> correct. >> try to balance the safety of the patrons versus the durable to access and see the animals? there is a takeway, message for parents and people who take kids to the zoo? >> sure. very fortunately, this zoo is a long-standing beloved

institution in cincinnati so i think people recognize that we care about our animals. i spent the last couple days walking on the grounds, and i many people, strangers talk up and say they're are so harambe, but in terms of message that, yeah, everybody should keep ahold of their -- keep an eye on them, here or anywhere, the shopping mall, schoolyard. but the zoo is a safe place. this is the one time this sort of thing has happened in 143 years. >> what do you think about the backlash you and the mother have received? >> i'm old enough, don't pay much attention to social media, and from the legitimate media have been pretty positive and from our colleagues particularly so. >> was there surveillance cameras the enclosure or in the complex area? >> you mean like caught the whole -- >> -- surveillance cameras elm most facilities have them to

watch the animals overnight. do you have any surveillance cameras the gorilla world area? >> i don't believe we do. i haven't seen the kind of video you're talking about. we have a lot of closed circuit video in areas where we aren't, the pick of buildings so we can observe animals when we're not here. >> statistics how many children come to the zoo every year? >> well, it's -- half our visitors. some families come with one parent and three kids. so a million, a million kids a year probably. >> you're the expert -- >> that's my guess. >> -- nonexperts are saying looked like the gorilla was protecting him. what was the gorilla doing? was he treating this boy like a baby gorilla? >> the gorilla was clearly agitated, clearly disoriented. and so the idea of waiting and shoulding him with a hypodermic was not a good idea. that would have created alarm in

the male gorilla, and as i'm sure you know, when you dart an animal, or even if you yourself go to the hospital, anesthetic doesn't work in one second. it works over a period of minutes. so the risk was due to the power of the animal. >> trying to protect the child? in your eyes, as someone who -- >> in my eyes, he was acting erratically, erratically. he was disoriented. and it's due to his strength. that's the danger. >> was there a -- [inaudible] -- the zoo has to take a hit on. >> that's a good question. today we live in a world where endangered species are not bought and sold. so when we breathe cheetahs and send them to zoos it's part of a proceeding agreement, and the same thing is true with gorillas. so they're not an animal you can say, okay, well they're a million dollars to get one.

it's a process of -- like a big computerized dating game, dealing with others and trading back and forth. >> inany legislation that -- are there statutes in place in the endangered species act that protects the zoos in situations like this from any national or federal -- >> i think we're good in that regard. as you run a zoo with wild animals you have to have a number of priorities and certainly one of them is safety of our visitors, our employees, as well as safety of our animals. >> are you in favor of increasing signage, greater warnings, children and parents about getting close to those barricades, those barriers? are you in favor of anything like that? i know you said you're looking at the barriers. i'm not sure exactly what changes you would make. >> well, we have a lot of signs at the zoo about don't feed the animals, don't cross the barriers, wild animals are

dangerous. we can look at that and put a couple more up. the theme would be respect the animals. that's what we're trying to do. to not have peep, whether by throwing food in there or certainly by climbing in there, in one way or another, harming our animals or causing the death of our animals. >> just to clarify, -- re having any sort of memorial service for the staff here or anything like that in remembrance of him? >> i don't think we have a formal memorial service planned. except the full zoo staff coming together and share thoughts and memories and talk about it, to cry a little bit. >> you said that your main concern was his strength, and in the beginning you talked about him being able to crush a coconut with his hands. can you give me any other examples of just the sheer power this gorilla has? >> well, he was over 420 pounds.

that's bigger than anybody on cincinnati bengals. his arms -- most prime meats have -- primates have a big upper body and smaller lower body, so his arms are as big as our legs. very big, very strong appendageses. the difference is they have huge hand that is extremely strong. and that's where his strength comes from, his chest and arms. and that was the risk. >> what is the reaction from all of the other zoos? you mentioned -- morning a thousand zoo officials have talked -- what is their reaction? >> they are sympathetic and empathetic. they know how much people in zoos love their animals. they know that it's a challenge with an iconic species like a silver back lowland gorilla because gorillas are a beloved

species. which is true. we all know his name wind chill don't know every zebra's names but we know our gorilla's names and they know we're going through a lot. they offered their support. >> what does it say they're all backing you up? >> their professionals who understand the animal business and understand the power of gorillas and understand tough decisions have to be made. >> -- [inaudible question] >> i have not personally but our primate curator, who has a relationship with their primate folks have. >> any concern this will affect -- [inaudible] -- >> i think the opposite itch think people will show how much they care about animals. people that work at zoos love animals and people innately love animals, and this is a town that loves its zoo. loves its gorillas. i think folks will be their see them. >> when will it be open again?

>> this weekend. you might have seen this -- i don't know if it's on the press or not but a charming thing -- >> a news conference in cincinnati at the zoo there where this famous video has gone viral, all over the world. a little four-year-old boy manages to get out of the eyesight of his parents and supervisors, slips through a barricade, falls down 15 feet, into a moat in habitat of this 420-pound plus gorilla. the gorilla grabs the child, at that point in time zoo officials felt the child's life was seriously in imminently in danger so opened fire, killing the gorilla. a lot of witnesses said, liked like the gorilla was trying to protect the child, but the point that the zoo is now making, as you heard in the news conference, you can't take that chance with a four-year-old little boy, even if the gorilla was moving about in a way not to harm the child. he could do so and quite seriously and fatally

unsuspension lid so they took the action they did. we'll continue to have more of this memorial day. including an iraq war veteran on a whole new mission helping to heal the hidden wounds of war. running a small business is definitely difficult. and we've been traveling a lot. hello welcome to holiday inn. the hotel becomes our mobile office. hi. holiday inn is an extension of our team. the boutiques are just right over here. good afternoon betsy, your samples are here. it's so great to know that there is a hotel like holiday inn that we can count on. lets do it! we work with manufacturers that employ veterans.

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when it comes to the cloud, trust and security are paramount. we're building what we learn back into the cloud to make people and organizations safer. a fox report now. more headlines. rescue workers in japan are searching for a missing seven-year-old boy. his parents left him in a forest as punishment. local media report the parents first said the kid disappeared while looking for wild vegetables. they later admitted they made him get out of the car as punishment for tossing rocks by a river. he has been missing since saturday. >> 19 nome in north and south carolina could be switching states as lawmakers redrew the borders. they say gps technology identified the intended 18th 18th century border and the current one is a few hundred feet off. >> rescue workers in shri launch

could rescuing a elephant. the news continues right after this.

the final push is underway to tike back fallujah from the islamic state. iraqi forces with the help of u.s. fighter jets making their way into the city. >> iraqi troops began the effort about a week ago. fallujah is about 40 miles west of baghdad. it was the first iraqi city isis captured. it's also where some of the deadliest fighting of the iraq war took place in 2004, more than 100 u.s. forces died trying to take control of fallujah, and now as iraqi troops make their way inside, tens of thousands of people are reportedly still trapped. conor powell live in jerusalem.

any word on progress iraqi forces are making? >> reporter: as you pointed out this operation began about a week or so ago and iraqi commander said they have secured 80% of the territory outside ovulum -- of fallujah and they control at least one of the many neighborhoods in fallujah. but it's the iraqi military were able to secure fallujah and retake it from isis, this i would woo be major blow to the militant organization in large part because in recent weeks isis used fallujah gentleman as a place to launch attacks in baghdad, which is only about 40 or so miles apart, and so to secure baghdad, the iraqi government has focused on securing and retaking fallujah. there have been a string of deadly bombings in baghdad that have killed dozens, more than 24 were killed today in two different attacks, and so the iraqi government has made a real focus of retaking fallujah.

the pentagon has urged iraqi forces to focus on the northern city of mosul, but because of the security situation in baghdad, the decision by the iraqis was to focus on fallujah. so this operation is definitely an iraqi-led operation but the u.s. is providing airstrikes and support. there are reports that ground troops and special forces troops have moved to the front lines. they are technically not fighting in this war but they are certainly near the front and providing a lot of assistance to the iraqi security forces. however the pentagon says they're not working with any of these iranian-backed shiite militias which are a big part of the operation but the u.s. and international coalition is helping the entire iraqi force try to retake fallujah. >> conor powell, thank you. two iraq war veterans are telling their stories of healing. it's a new documentary that follows this after they returned from battle.

called "almost sunrise." premiered this memorial day weekend at the telluride mountain film festival. follows thedownie of tom boss and anthony anderson who walked 2700 miles across the country over mountains, through deserts, both men battling ptsd and talked about the unexpected hidden wounds of war. >> i don't think i really had a grasp on the gravity of the situation. being young and in the infantry, they just train you, this is what you're going to do, do it and you have the mentality. and once you get over there it's a completely different case. >> a study showed the suicide raid for vets is 50% higher than average. >> tom voss is one of the vets and is with us from mountain village, colorado, beautiful backdrop. thank you for being with us.

explain why you decided to embark on this journey. >> thank you for having me. the journey came out of the necessity to help myself. so, anthony reached out and said he had the same kind of set of issues he was going through, we decided this we can -- walk was the only way to deal with our issues. so when you come back from war you want to catch up with your peers. at that time all my friends were graduating from college so i had to get a full-time job, get school full-time and bet my own place and move forward but never addressed any of the issues that faced me while i was deployed. >> speaking of issues, there's a term now that seems to be emerging called "moral injury." some experts believe that's the signature war wound that psychologically and emotionally that vets are suffering. explain what it is. >> sure. what it's not is saying that

what you did was immoral. it's a personal experience. so, i was raised to learn that it's not good to kill and it's not right to kill someone else. so, when you're in a situation in war, you're faced with that situation, it's what your trained to do and what you have to do, otherwise you've would be killed yourself. so, years later down the road you think of that kind of stuff and you say, i have had difficulty kind of reconciling this with my own beliefs. so that's what we're talking about with "moral injury". >> describe the trek. must have been incredible physical and psychological challenges associated with what has got to be pretty grueling. >> sure. sure. there are physical and mental challenges, both were pretty difficult. physically, wearing 60-pound pack and walking 20 miles a day

beats your feet up. so we had days we wouldn't make it a few blocks and have to take rests to make sure we were able to complete it. that was our goal, to complete it. mentally, we had a lot of people supporting us, so we didn't want to let them down, and it was really important that we finished it. so there are difficulties on both sides. >> did it change your life some meaningful way? >> i mean, yeah. it has a tremendous impact on my life. so, when i got back from my deployment, had a difficult time trusting people because when you're in iraq, and you don't really have the luxury of trusting people other than the men to the left and right of you. so, through this trek and through the -- the people that we met that opened their homes to us, that really brought back a lot of trust of people in me. so, just seeing that there are good people out there, that care about veterans and that want to support them and their healing

process, was a big breakthrough for me. >> congratulations on achieving something really special, and, tom, thank you. i think i speak for everybody for your service. means a lot to america, especially on this memorial day when we remember our vets. tom voss. the movie is "almost sunrise. "thank you. closing arguments about the get underway in drew peterson's latest trial. prosecutors say he tried to hire a hitman to murder the prosecutor who put the former cop away for killing his third wife. the defense claims the prison snitch who is key to the case is a lying con man. that's next. ♪ what are you doing? sara, i love you, and... [phone rings] ah, it's my brother. keep going... sara, will you marry... [phone rings again] what do you want, todd???? [crowd cheering] keep it going!!!! if you sit on your phone, you butt-dial people. it's what you do. todd! if you want to save fifteen percent or more

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closing arguments set for tomorrow the murder for hire trial of drew peterson. he is already serve a 38 year sentence for kill his this wife, who turned up dead in a dry bathtub in 2004.

peterson's fourth wife issue stacy peterson, disappeared in 2007. nobody has ever seen her since and he never faced charges for her death but the prosecutors say he was worried the same state attorney who put him away would charge him in connection with stacy disappearance so they say peterson hired a hitman and thigh said he what getting in the way of the appeal. peterson's put three other inmates on the stand who testified the informant is a scam artist. the conviction could get peterson another 60 years behind bars. criminal defense attorney misty joins us now. prosecutors are always behind the eight ball when they put a jailhouse snitch on because folks in jail doing time are inherently nefarious, crooks, liars, murders, who is going to believe them? >> absolutely and this case hinges on credible. that will turn the tables on

drew peterson. so this jailhouse snitch, who does benefit if he cooperates with law enforcement -- >> so has a motive to lie. >> the jury will see that. >> except the case is different because the jailhouse snitch was wearing a wire you hear the words of drew peterson, and here's a sampling of the words that the jury listened to. peterson: how long before you think your uncle can take care of business? smith, who is the snitch: it will dedone by christmas. if you say. if you say. peterson: it would be a nice christmas present. smith: if you say it's a greenlight. poeterson then says: go. interesting, nowhere in that conversation is the word killing. >> that's what the defense is arguing. they saying there's no explicit instruction. no intent that he is really going after glasgow to kill him. it's implied. that's what the defense is going to hinge on. that's why they're attacking the credibility of the one jailhouse witness that they have. >> although there is another conversation in which peterson

talks bat killing but he didn't say who. >> exactly. >> the same sort of problem. >> right. listen, you have to be beyond a reasonable doubt. if there's a rome doubt, then not -- reasonable doubt, then no conviction. but he is 38 years in jail anyway, so another 50 is -- >> so he would be 100 years old. >> exactly. >> which invites the question, why are prosecutors wasting taxpayer resources to prosecutor a guy who is going to be dead by the time he is up for patrol. >> they don't want to let somebody get away with a threat on a prosecutor and that's the key there. >> we protect one of our own. >> of course. >> all right. thank you for being with us. >> thank you so much. >> a deadly shootout in houston when a gunman goes on a rampage. investigators are trying to figure out why he took aim at police. we'll have a live report next. crowd sounds ] oooh! [ brakes screech ]

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two deputies shot while responding to a wild gun battle in texas and they're out of the hospital, according to police in houston. [gunshots] >> that was just part of the chaotic scene yesterday near an auto body shop. police say man opened fire, killing a customer, before a s.w.a.t. officer shot him dead. three others were injured. but officials say they should be okay. the gunman shot at least three police vehicles, even shot up at a helicopter. will carr is live with more on this strange story. so, will, what are police saying about what led to the shooting? >> reporter: they're still trying to figure that out. trying to figure out why this gunman shot just over half a dozen people. why he shot numerous cars and shot at the police helicopter help shot that five times.

he was armed with a handgun and ar-15 and saturdayed in the parking lot of an auto detail shop in west houston. what's then he shot 56-year-old eugene lincicome, and then raced into a ann arbor, firing randomly. listen to people in the area. >> he shot one of the customers in the head, and then whoever was around him, started running across the street and everything, and he just went after them with the gun. >> i'm trying to figure out what is going on. the dude looked and seen me across the street and shot at me. >> [inaudible] >> then went through the seat. then come back through that seat. grazed the back seat. >> reporter: the gunman shot two constables. they are all right. as for the motive, authorities still looking into that, gregg. >> will carr, thank you very

much. and we'll be right back with this day in hoyt. -- in history. stick around. what's it like to be in good hands?

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chimichurri shrimp and crab cakes bursting with crab meat. just hurry in before it ends. on this day back in 1911, a driver's revved them up at the indianapolis motor speedway in the first indy 500. ray calhoun was the winner. the cars were differents' so was the track. originally built with crushed rock and tar and then laid down a few million bricks. nowday the only bricks left at the so-called brickyard are at the finish line. everybody loves to kiss it. they saturdayed doing that in the '90s, and then there's the milk thing. the race is one of the biggest sporting events, yesterday, rookie alexander rossi, grabbed the checkered flag after nearly running out of gas. over the years organizers canceled the race a few times because of war so yesterday was the 100th running, even though

drivers first standard it their engines 105 years ago today. >> used to be butter milk instead of milk. i'm gregg jarrett in for shep. "your world" is next. can. >> hurry up and wait. hi, everybody. i'm in are in neil cavuto and this is a special memorial day edition of "your world." summer flyers getting a first taitz of the lock -- long lines this woke wean. the tsa scrambling to fix a affect marry playing the nation's airports. one carrier reporting 70,000 customers missed flights this year because of the delayed screenings. to fox's mike tobin at chicago's o'hare international airport on what is being done. mike? >> reporter: hello. this is o'hare airport, ground zero for airline congestion.