that is all the time we have left. state of emergency has been declared by the governor. stay with the fox news channel for continuing breaking news coverage of the protests in north carolina. our thoughts and prayer are with those people. >> this is a fox news alert. governor of north carolina declaring a state of emergency following a second night of violent protests in charlotte. gunshots ringing out outside of the epicenter, police say one person was shot by another civilian. on the left-hand side of the screen you're looking at live footage at the police in riot gear now. things appear to be dying down. the protestors looting businesses in the area, it's the second night of demonstrations following tuesday's deadly police shooting of a black man. police say he was armed and they

recovered a gun at the scene. the 43-year-old family is a different story there. he was unarmed and reading a book waiting for his son, two very-different stories. causing ht of contention tonight. dozens of protestors blocking the streets. we saw that on interstate 277, according to local media, shut town. we have had images of several cars going back and forth. police standing on the cars. we don't know if we have the pictures at the moment but we'll get them. there is the video. now, we're seeing police on the scene we saw cars, going back and forth and have people hanging outside of the cars, looks like we're getting some control. not as chaotic.

many of these police in riot gear are trying to control the situation with tear gas, and rubber bullets among many things. the governor said the state's national guard and highway patrol have been deployed to help police with the situation. this has been ongoing. steve harrigan joins us live from the scene. steve, you've been there all night. what can you tell us now midnight in charlotte? >> reporter: it's been a long four hours. it's a warm night and they've been making steady fro gres throughout the night and trying to march protestors off the street. and then, firing tear gas and then marching forward. at the height, the protestors numbed about 800. so it has died down

tremendously. protests were violent. one young man shot in the back of the head. the city of charlotte is saying it was a civilian on civilian shooting. six police officers wounded. we saw a number of protestors hurling bottles and rocks at the police officers. this has been a scattered protest which started off around 7:00 p.m. peacefully. a lot of families, mothers, fathers and children marching and turned ugly around 8:00 p.m. here. people hurling insults and smashing windows here. and so it's a scattered protest as well, no real central leadership, it's raised a lot of concern here, how the shooting will play out. a lot of people we talked to throughout the night said they

don't believe the official version and don't believe what the media is saying and putting the blame on the police department for the violence. with an additional shooting we can see more sparks fly here as things begin to die down after a tough night. back to you. >> they're down on a knee now maki making -- they're having a breather. >> you can see some officers trying to shake hands but it's been a bitter confrontation. the protestors swearing and hurling things and for the first moments they're catching their breath as the street cleared here but other parts of the city, unsettling around the highway that encircles the city of charlotte, 277.

you have been stopping and jumping on cars. flash points where people have to get in front. we've seen police mobilizing to different flash points. >> do you know what's happening there on i-277? we have live footage from that, and we're not sure what's happening. sean hannity was talking about that on the show. we saw the car. people standing on top, driving back and forth and we didn't see any police presence. now, we came on around midnight, we started to see police presence. what can you tell us about that? >> may have been the media helicopter alerted police to that problem. this is the protest not just marching downtown but taking over and part of the key highway

that encircles the highway, people stopping cars and threatening people inside and aided by people driving cars to try to slow down drivers. and it's raised a sense of harm. >> you mentioned the media may have alerted police. do you find police are outnumbered with the rioters? >> as an amateur, it's been surprising things have taken this long. we have seen the police here in the center of the downtown area where fancy hotels and shops are. it's taken four hours to march against protestors who numbed 800 at the start and they did it with a lot of noise and chaos.

people running and screaming so it's just from an amateur point of view, looks like numbers were not there and that could change in a hurry. with them authorizing new assets such as the heavier presence. the fact that these kids were not blocked off and sealed off and the fact that taken so long, really raises questions about whether the city was ready for what it's gotten on night two? we've had people on the show comparing this to ferguson. >> i guess just from my point of view, being someone on the ground, we did see buildings and stores going up in flames.

looting was intense. but then, it ended quickly. this has been a vicious battle to fight the police and throw things at them to hurt them and to taunt them. so it seems like a real battle between the two sides here. inferring gus on, it was more of a quick hit and run and looting and setting buildings on fire. this has been part of a real struggle between organized protestors who came prepared and have seen some of them semi professional and ready for tear gas and want to fight. now, they've got one and they're holding their own against the police. >> so you're saying they're, what are you saying? 30-40 people on the streets? that you're looking at in this area? >> we have seen the numbers

really ebb and flow from a peak of 800 at 9:30 and now, to almost nobody where we are right now. and now, police are taking off helmets and drinking water, here, it looks like the fight here is over. >> steve, we're hoping you'll stay with us as we continue to follow what's happening there in north carolina in charlotte tonight. very, very much a volatile situation. we're keeping an eye, looking at video of i-277 pictures. we've been watching cars go back and forth there. some people on top of cars and opening up doors. police on the scene there. we'll continue to follow what's happening in charlotte and bring you latest. now we're go to break and be right back. don't go anywhere.

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we continue to follow the unrest in charlotte, north carolina the second night of unrest happening there. we're looking at police in riot gear, reports are that seven cops are in the hospital and one

civilian on life support. this is the second night this happened. we're following all of these images. this is uptown charlotte. we've seen action on the interstate this as well. i'm going to toss this over to my colleague who is following this closely. >> jackie, one civilian is on life support police say he was not shot by police officers but by another civilian. first of all, one of the hotels, then sent to the hospital. he's on life support we're told. after reports of authorities saying he died that turned out not to be the case. we have been witnessing a disturbing and intense scene that will likely continue throughout the night.

at the ritz carlton they locked doors and taking furniture away from the restaurant so people would not be using them. police saying that it's not the case, he had a gun, and he was urged to drop his gun and shot by an african american police officer. first of all about this situation tonight, in charlotte, on the street, david, how do you think authorities can get a better handle on it? david? are you there? we're going to tie to get david when we can. we have david with us. how do you think, and can authorities get a handle on the rush that we're witnessing tonight in charlotte? >> a while ago, with sean. i did say -- he did say that

the national guard was going to help. so that is the first step. and eric, what i'd like to talk about here is that i would like to echo comments made i'm a former homicide and they took time to advocate -- >> we're seeing what could be a protest there, making the gesture of a gun with his hand at the police officers. we're talking about as a homicide prosecutor, things taking time. look at this. look at the picture now. they have authorities blaming social media in part when they

see as the chief calls it changing the narrative that officials have to change the narrative. that the official story is not the one that is not only not believed but people, the atmosphere now with shootings we have had, they don't want to hear another side. there is anger and distrust and unrest. how do we get it back together? how do we bring it together so we don't have the scenes we're witnessing tonight? >> it's unfortunate. as a former prosecutor, i want to keep this information tight. because an investigation has to take place. people have to be interviewed. canvassing. there is forensic things that need to happen to move forward. and when the public demands information, i want to hold it tight. >> you can't when you're hiv streaming there is a report a woman claiming to be mr. scott's daughter saying police shot my

daddy four times for being black, taseked him and shot him. that is not at all, authorities say conflicts completely. the people are siding with the family members. >> and we saw what happened as a response to that today. there were public safety by the police chief that the individual had a gun, he came out of the vehicle with a gun. police officers responded because they were defending themselves. that narrative is not going to be adopted or accepted. it's a lose-lose for law enforcement. they have a job to do. there is an investigation. and at the same time, we have protestors that are gesturing from police officers. we'll be right back folks with the latest. like a human fingerprint, no two whale flukes are the same.

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breaking news in charlotte, north carolina. it seems police may have been getting a better handle on it now that it's 22 minutes after midnight eastern time. we saw protestors jumping on cars and running in the streets attacking hotels. one civilian has been critically injured. police say he's on life support, shot not by a police officer but another civilian. there is an investigation on that. now we're rejoining david bruno.

you're talking about how homicide investigation takes time. >> we're in lightning speed now. the governor telling and talking about the 24 hour news media as well as social media. people are siding with what they see on social media. how do authorities deal with that? >> it's a battle and going to be a battle moving forward. but when are we going to learn? we have seen this before. baltimore is an example. ferguson is an example. when i heard there was a gun ensolved today i had to think about dwyane johnson and his first account of the michael brown incident. he said michael brown had his hands up. that was a narrative that was adopted in fact it was a movement. hands up, don't shoot.

in reality, the evidence showed that that wasn't true and michael brown was charging darren wilson. when people first found out an individual was shot as a protestor, i'm sure peoples' first impression and thought is that it was another police shooting. and it could have agitated protestors and the crowd. that was not true. it was another, it was a protestor on protestor. civilian on civilian. not a police shooting. it was going to be a battle. and the grand jury investigation into the michael brown case said that never happened. it is out there and believed it can, as a nation can there with

a cooling off? and how do we deal with this in terms of a country? between those who are one on side of dealing with this as well as police? >> i hope we can get past this. but to be honest, i think that the movement, the blk lives matter, the protestors need to be getting behind the right cases. one of the problems i see is that they're getting behind the losers. the zimmerman case, the baltimore case. it may be this case as well. another example of the protest as a result of a lawful police shooting. somebody did not commit a crime. so that is phase one, i believe. it's getting behind the right cases because there are bad

police officers out there. it is not a majority. that they should be prosecuted and giving back to my point, that takes time. some unfortunately, i know you didn't mean it in this manner. and that is what i meant. they're getting behind this narrative and so the evidence shows it was inaccurate.

and there is systemic history here of racism. there is no question about that. okay? but there are cases where people, police officers, use lawful force and for those cases, when the evidence shows that they're using force lawfully, that is very different than some of the earlier impressions and and in this sense, it does the matter, many see the enemy is blue. >> right. that is, i think the issue. it's black and white, and also,

blue. this individual is a police officer. so there is still going to be criticism of the actions of a police officer. notwithstanding the fact he's african american. and this is the reaction that i think unfortunately we can expect moving forward. when we hear of shootings like this, the first question is going to be was the police officer black or white? it shouldn't be that way. >> the beginning to clean up as you can sigh here, thankfully. we're continuing this evening. stay with us. next, rod wheeler will join us to talk about his view from the former police side.

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parking hot looking for a man with an arrest warrant that was out. and they found a man in a car who got out. allegedly he had a gun. he got back into his car. he got out of his car, this police saying he got out of his car, had his gun. they told him to put it down. he did not put itown and they shot and killed the 43-year-old black man. the family says the 43-year-old was waiting for his son to come home from school and what police thought was a gun, they say was a book. we have two dramatically different stories going on that led to these protests here tonight. the second night we have steve harrigan on the scene in charlotte, north carolina. it's now 12:30 there. what is the latest? >> reporter: about four and a half hours in, some violence has

died down and clean up as begun. you can see workers sweeping up broken ghas. many hotels here were vandalized. windows, smashed. first black lives matter was painted over the windows and they're smashed. we saw police vehicles smashed, as well as luxury vehicles smashed, too. as far as violence goes it was a back and forth between the police and the protestors. protestors often hurling beer bottles and rocks at the police. so far tonight as far as protestors go, one man, shot, and near death right now. and one man seriously wounded. right now, we're seeing small sparks of confrontation between protestors that are angry, others trying to keep the peace. it's been the first time they've been able to catch a bit of a breather. they have masks up. some taking a knee, getting

water. numbers about 800 andy just a handful down here now. there have been proet yefs around other parts of the city, including in on highway 277. the reports in seeing those images, yesterday, part of i-85 was blocked off and one tractor trailer was looted and set on fire. so concerns on the roads and highways surrounding the area. we've heard of a state of emergency so we do expect more resources to be available, perhaps much grander scale tomorrow to try to get a night of peace after two nights of violence here in charlotte, north carolina. >> we're getting reports, seven police officers being treated

now for what are believed to be minor injuries and one person, as mentioned on life support. >> our camera man was right there at the scene when it happened and you can see blood out of the back of the man's head. it's not clear what he was shot with. whether a bullet or what hit him. the city of charlotte saying it was a civilian on civilian attack, that police did not fire bullets. the police did use a variety of nonlethal force throughout the four hours here. bean bags, paint ball, and mace. each time the police would fire

it would move the crowd back slowly. but really remarkably little pro gress after four hours, it took the police force four hours to control about four blocks against these protestors so perhaps, tomorrow, we're going to see more man power and a more effective operation against these demonstrators who will be likely out again, in force. >> sounds like nonlethal force. did you see police officers draw guns? >> no. we didn't. but this were a lot of ways to get injured whenever tear gas was fired, people would take off and run when concussion grenades were thrown, they make a tremendous boom and shake the air. so it scares people who aren't familiar with them. people take off panicked in a run. so there is a lot of ways for

minor injuries. there is still tear gas lingering in the air here, but nonlethal force and a lot of patience by police, who were sworn at and had just about everything thrown at them throughout the night. >> steve harrigan, thank you for being without there. we're going to take a quick break and we'll be right back. you're looking at images from charlotte, north carolina.

covering in charlotte, north carolina. we have been looking at these pictures over the evening of the protestors protesting the shooting of 43-year-old african american man whose family said he had a book in his hand and police say he had a gun, came back out and according to the

charlotte police, refused to drop the gun when ordered to do so and was shot. and continued unrest. some wondering if it's going to happen on a third night. the governor is calling out the national guard. >> when you see what the police are dealing with tonight. they have shown remarkable, remarkable patience and professionalism when facing an onslaught of these protestors. >> that is right. good evening to you. you know, i was in ferguson, missouri and i've seen police officers using an incredible amount of self-restraint.

you have police officers having bottles thrown, rocks thrown at them. the fact the governor is calling in the national guard. what you see going on in charlotte tonight is not just a charlotte problem this, is a national problem, an american problem. and sean, you and i have had this conversation during riots in baltimore. i said the same thing now. this is a national problem, we need to hear from the president. we need to hear from loretta lynch, the top law enforcement person in this country. these people need to know the federal government will get to the bottom of it. >> the attorney general did speak today. and did speak about moderating

the situation. the president did speak to the mayor. but you're saying that is not enough? >> it's not enough. we hear that but that is why we have protests out there tonight. that is why we have had protests in baltimore, people are tired of the lip service. this incident is more than just about one individual that is shot. this is about employment, about schools, about everything else. that is why we see what is going on there tonight. we're going to continue to see it until someone in leadership takes a responsible role and makes policy change. >> what else does it take? we talked about early on in social media, now, first response is go to social media. you have live streams that are upsetting and emotional. >> right. >> and scott was shot to death, he may not have deserved it.

he had a criminal record in three states, arrested and the family says he was a good family man with seven children so you have a variety of stories here, so how, in this day and age with social media and eye of television on everything, what do you do? how does the country get together? how do we say you know, what a break on it and let's come together as americans, black, white, and together. >> in situations, i heard you ask what can the police do? quickly, three things that need to happen, quickly, to quell this? i see the police chief started with one of them. one is that you have to communicate with the community. you have to get out there early.

you just need to start letting people know what you got. you have to be transparent. because if you're not transparent, where people can see what you're doing, in this investigation, and what is going to happen other stuff that we see on the internet is going to fill in the blanks and three, you have to be honest with your community and tell them what you've got. look. if -- >> we have a commercial break. the chief did come out. we'll talk about that and more right after the break. stay with us. as we cover this situation. re! did you say 97? yes. you know, that reminds me of geico's 97% customer satisfaction rating. 97%? helped by geico's fast and friendly claims service. huh... oh yeah, baby. geico's as fast and friendly as it gets. woo! geico. expect great savings and a whole lot more.

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charlotte, north carolina, the city under siege. we'll continue our coverage of the unrestful protests following the shooting of a african american man in charlotte the other day. this is the second night of protests we are seeing today, calling on the national guard, hoping tomorrow night will not be another night like this, but no promises that will not be more arrests. he said outside agitators in the wake of this to pret yostors. they're continuing with former dc contributor. you think that authorities acted too slowly in response to this? that the national guard should

have been called out sooner? or wait to see what happens? and pra protestors think? >> it appears if my perspective that the police in charlotte have done a good job trying to keep the situation under control. now, nobody can predict when there is going to be a riot jay nixon you know what, eric? i think the police are going to need assistance. moving through the weekend and into weekend, we see, and i have seen firsthand from being underground these tend to increase on the weekend and reason for that is because people are off work. so i anticipate tomorrow and saturday, and friday may be worse than we've seen. but hopefully, by the national

guard being there. >> let's remind our selves there is a man on life support. whether he was a civilian or someone that wanted to sigh what is going on, he was shot, apparently in the head. that means an open homicide potential investigation. or attempted murder investigation. do you think whoever shot this unfortunate bystander can ever be tracked down? of cameras out there tonight. and one camera guy could have seen something. he was nearby so hopefully, police will be able to determine who caused the injuries to that individual. the other thing we have to really be cautious about as we go forward is making sure you don't have a bunch of agitators

coming in if outside with one goal, that is to cause disruption but we've got to have leadership in that city. >> if they want owe come perfect around the two-day head start. >> well, you're right. you're right. but the police are going to nail that in the bud. trust me when i tell you, they're going to have reinforcements out there, and they're not going to play around. they're going to start locking them up. that's what they need to do. the police chief came out today and made it clear they found a gun on the scene. what else can the police chief say to get these people to quiet down? if they have other issues, education and joshes a jobs and things, protest. the protests need to be to the white house not on the police officers on the streets. >> and wbt tv had photos of police saying it was the gun. certainly if these protesters are not considering that. it seems there are many others they're dealing with.

rod, thank you for joining us tonight with your insight and your experience. and your fox news coverage of the unrest continues after this break. my business was built with passion... but i keep it growing by making every dollar count. that's why i have the spark cash card from capital one. with it, i earn unlimited 2% cash back on all of my purchasing. and that unlimited 2% cash back from spark means thousands of dollars each year going back into my business... which adds fuel to my bottom line. what's in your wallet?

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lowers it! just be cool. actually, checking your credit score with credit karma doesn't affect it at all. are you sure? positive. so i guess i can just check my credit score then? oooh "check out credit karma today. credit karma. give yourself some credit." sorry about that. it's a little before 1:00 in charlotte, north carolina this morning. and you're taking a look at live footage of what used to be some riots there on the streets. this is what's left of it. you can see businesses with the windows knocked out. you've got a police officer there. some sort of officer sweeping up the windows, the glass. a lot of chaos going on there continue. on the phone now is steve rogers, a retires detective from the new jersey police department. he's also a former member of the

joint terrorism task force. steve, you've been watching all this. what do you make of it? >> well, i've been watching this since the 1970s. it's the same story over and over again. and i've got to share this with you. i have concluded that the protesters should not be protesting against the police. they should be protesting against the politicians who year after year after year have promised people in the inner cities so much and delivered so little. the same thing with the police. they've been promised so much from the political leadership of this country, and they have never really delivered on the things they need. so here you have -- the police are the first line of government that any citizen comes in contact with. the people are going to come face to face with the police and take all their anger out on these poor, innocent cops. where is the leadership? where is the president of the united states tonight? where is the leadership?

and not only tonight, but where are they going to be tomorrow and the next day? when i share with you i've seen this from the 70s when i first became a police officer, it's gotten worse and worse and worse. so it's not a republican or democrat problem. it's an american problem. and we need leadership to stand up and to do something about this. >> we've heard a lot of that narrative tonight about president obama. where is he? why isn't he out in front of everyone talking about what's happening, the violence here on the streets of charlotte? it's unacceptable what we're seeing here. on the right-hand side side of the street and the left. the sweeping up on the right, you can see a woman on the ground with a mask on. police arresting her. there were about 800 protesters at one point on the streets. they were throwing rocks and bricks at police officers. this is unbelievable. we've been seeing it forever now, like you said. >> yes, and the president should be out there telling the

protesters to stop. now is the same for time to support the police. president obama, the justice department, hillary clinton, they have and many other leaders have added fuels to the fire of racism across the country. we saw it in ferguson and baltimore and city after city after city where a false narrative was actually perpetrated by groups of people and supported by the leaders i just mentioned. and they have to wait. they have to wait until they get the facts before they come out, and they declare who is innocent and who is guilty. in this case, the ray yacioters guilty. the leaders should be telling them to knock it off. where is he? beats me. >> the first debate is on monday. a lot of people looking forward to that. i'm sure this will be one of the topics, talking about violence. black lives matter movement.

hillary clinton and donald trump will have a lot oh say. we're hoping for the american public, this is on the minds of many people tonight. do you feel like charlotte was prepared for this? >> well, i've got to tell you, based on what i'm seeing and as short of preparation notice that the police had, they're doing a great job. they've got the national guard coming in. i don't think they expected this to happen so quickly, which tells me that if the police weren't prepared, somebody else was prepared. i'm talking about the protesters. they have the guard coming in and hopefully this will be minimized in the next couple of days. and the debate, all along donald trump says we need law and order back into the country. he's right. there are innocent black people being hurt there. black citizens being hurt as well as white businesses. >> we only have about 10 seconds

left. we appreciate you being with us. hopefully we'll be able to get back to you. we're going to take a quick break and restart. we'll be back at here 1:00 with what's happening in charlotte, north carolina. don't go away. this is a fox news alert. in new york the governor of north carolina declaring a state of emergency. you can see them sweeping up what's left of these protests and riots. looting happening there in the streets of charlotte. you can see the windows knocked out of some of the businesses. on your right side of the screen, that's what it looked like earlier. tear gas. protesters throwing fireworks at the police officers. gunshots ringing out. police say one person was shot. they're on life support at this hour. it's now 1:00 in the morning in charlotte. according to police he was shot by another