and that is why you invest. the best returns aren't just measured in dollars. td ameritrade. it's 8:00 prime minister on the west coast. a curfew is set to take affect. i'm shepard smith with continuing coverage of the protests in charlotte. the o'reilly factor will not be seen at this time. we're focusing on the scene in north carolina's largest city. the mayor ordered a curfew at midnight and we're waiting to see when protestors will obey it. demonstrators have taken to the streets after a black police officer shot and killed a black man named keith scott. some of the violence, some of the protests turned violent but so far tonight, things have been

more peaceful. reporters on the scene have described the energy as different this evening. with ht less anger as been described to us. north carolina state senator tweeted it some have been offering bottles of water to police with a lot of handshakes. however, in the last 15 minutes, we've seen riot police face off with protestors on interstate 277 there and reporters say the officers started to use tear gas in an attempt to clear the road. these are live pictures of the scene. the national guard and north carolina state troopers are on hand to help out the police. the cops have not yet released video that show the killing which could help clear up what happened. cops have said keith scott had a gun, and refused to drop it. relatives and friends say he

just had a book. one lawyer put out a statement after watching the video. the family has more questions than answers. when told by police to exit the vehicle, mr. scott did so in a calm, nonaggressive manner. police did give him several commands, he did not aggressively approach them, or raise his hands at members of law enforcement at any time. it is impossible to discern from the video, they say to discern what he is holding. when he was shot and killed mr. scott's hands were by his side and he was slowly walking backward. continuing, it was incredibly difficult for members of the scott family to view these videos but as a matter of the greater good and transparency, the scott family ask that the charlotte meclanberg police department release, immediately, both videos released today.

for those who urge to protest, we urging you to do so peacefully. the police chief says the cop's story checks out that, scott did have a weapon and ignored orders to drop it. >> there is a lot of other evidence that gives us a great deal of support and comfort that the version that you heard from us before is supported by the evidence and statements that we're able to gather and the totality of the circumstances we're led to believe that person is very much active. >> the decision to release the video is now in the hands of investigators. we'll have live coverage throughout this hour. let's get to steve harrigan live

near the interstate. steve, tell us what you've seen. >> police and s.w.a.t. team members moved in quickly, using what seemed to be pepper balls across the crowd. there was a tense standoff and we saw a number of african american ministers getting in the middle of it and encouraging people to keep marching. we've heard of an increased police presence. until now, it's been a quiet evening and a lot of marching at 400 strong and stopping at the usual spots, police house, court house, jail, chanting coming close to the police station doors but no violence, no

destruction of property and from police side, no interference. marches levelled on behalf of security from bicycle police to patrol cars and to national guard on the street for the first time in camouflage looking like soldiers with helmets, rifles as well as armored vehicles. heavy visibility may have played a role at calming things down. shepherd? >> the security in place before the people came out? >> security was in place and apparent apparently they were ready for it. protestors tried to run onto the highway. and i can see cars going back and forth. a very heavy presence here.

last night, it took about four hours to clear just one street as we witnessed throughout the night and with pepper spray, protestors would regather, tonight we haven't seen protestors able to make a stand to get a grip on any territory, this highway, and it's now you can see only for a few minutes before the police cleared this scene here. >> watching the aerial. they're allowing them to march. it appears, peacefully. hundreds of people from street to street. >> we have seen no looting, no

smashing windows. so you've got to think the well advertised heavy presence had a lot to do with that. numbers are smaller tonight. and yesterday, it was a different situation, protestors managed to block the streets and at times, attack vehicles and put a deep sense of unrest. >> that was trion street. it seems like that is where the

vast majority of the people are. is this a message tonight? >> that has been one of the things that made it difficult for security forces to combat these groups of we've seen a mix of people. we've seen people with families, a lot of different goals here. some opposed to police, cursing at them. throwing beer bottles. several police officers were hospitalized yesterday with not serious wounds. generally as the night goes on, the crowd has gotten younger and more confrontational. that happened again, tonight. and without the force or power we saw yesterday. it seems like it's the police

botched things yesterday, they're trying to makeup for it tonight. >> this were these did the word get out? are people aware midnight is the time you've got to get out? >> i think it's been poorly publicized and come late. the question is how is it going to be enforced? we'll see if they can enforce the curfew. today, police said they're going to arrest anyone who misbehaves. they've been moving where

needed, on on the bridge and around 277. they're not needed so a reduction in forces here and some fine work by african american ministers to helped to diffuse potential flash points here with people getting into police's face. saying let's keep marching. >> i see a lot of bicycle police down on trion street. looks like they're mobile which i guess gives them an advantage. >> we're seeing real concerns about possible violence. a visible, mobile, rapid response by those bicyclists,

able to move protestors in the direction they wanted to go. and there is no cars to smash when no cars are out. and it looks like some of them from the video evidence seem to be coming after the people who stand in front of television cameras. and i haven't seen more of that. have you? >> no. there was really a startling fury, i think, last night in the crowd when you talk to people and tried to get reaction to them. this was violence and so much chaos and running back and forth with lunges and charges.

there are people running around, disoriented. so passion, and anger on the street. people are trying to come at you or just sleek in anger. tonight we're seeing a different mood. i still have a little taste of pepper spray in the back of my throat but a different strategy and one that so far seems to be getting the upper hand. >> for the city, today was a business as usual type of day wasn't it? >> if he walked out, you'd never know there was a four-hour ride with running battles. it doesn't take a lot of people to cause serious problems. we did see hotels pulling out their windows and putting in

plywood to try to save expensive windows and a lot of merchants deciding to close down. and anxiety for hotels like the ritz carlton who got windows smashed and mercedes outside, smashed. we saw a man shot and killed last night in the protest. it just takes one individual to spark things off. >> we've been watching demonstrators moving from street to street. tonight they've said we'll allow peaceful demonstration but can't allow violence on the streets of charlotte, north carolina tonight. and there is curfews set to

begin in just about 47 minutes. we'll have live coverage tonight on fox news channel. when this busy family...

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live pictures out of charlotte, north carolina this evening. if you hope maybe demonstrations will break up tonight without violence on the streets, one thing you might hope for is rain. there has been a 15% chance tonight ant 15% has become 100% at heeft on the streets. it's raining a little bit out there. one producer says nothing has become really violent tonight. we'll get to mike tobin in just a moment.

so ht different tonight, huh? >> a huge difference. it feels more orderly. >> are you getting the same back and forth? or just much calmer? >> it's much calmer. this seems to be a sense of peace and there have been interactions between protestors and police. nothing like we've seen last night. none of the aggression towards media that we saw last night and nothing like we saw. >> you wonder if calls for calm, is it your sense that that is part of this? do you have a handle on that?

>> it's hard to tell. folks who have been at the protest tonight say they were here last night and left as soon as the shooting happened so it's hard to gauge who is here. i think the plea for calm made a difference. show of law enforcement made a difference and police are doing a great job of letting protestors have wide berth. and they're not trying to direct the way they go. that played a role as well. >> word went out that the person who was shot died and word went out they believe it's civilian on civilin. in other words, a police officer didn't do the shooting. do you have a sense of how they know that?

>> we don't have a great sense of of that but because charlotte hosted the democratic national convention a huge network of cameras remain in charlotte so that is likely a resource. they're going to review the tape for clues on the shooting and my guess is that they'll ask folks in the crowd who have video, they're taking video and that will be helpful for investigators as well. we thank our locals there, sky 3 is allowing us to use their pictures. we're able to show you peaceful

protest. mike tobin says there is a little problem where they've been. continuing coverage live from charlotte. call me tomorrow? i'm gonna send a vague text in a couple of days, that leaves you confused about my level of interest. i'll wait a full two days before responding. perfect! we're never gonna see each other again, will we? no-no. wouldn't it be great if everyone said what they meant? the citi double cash card does. it lets you earn double cash back. 1% when you buy and 1% as you pay. the citi double cash card. double means double.

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>> i mentioned mike tobin is down on the ground there and ran across mischievous stuff. what happened? >> i can see a lot of aftermath of what went on on the highway there. you saw the police had pepper spray out. we know they had the paint ball with the pepper or chemical irritant inside of the paint ball guns. i know that because my camera man took one on the ankle. some guys got hit with pepper

spray and they were scrubbing up, trying to get the burn off of them. the crowds reformed and marching town. less organized before. before, they were sticking to the road now they're all over the place. the crowd is younger and smoking pot and drinking booze. they're getting more rowdy and that is our situation. shep? >> do you have a sense for where this is going? mike? >> let me ask you. do you know where we're going? >> yes. we're going to get you if you don't leave me alone. >> okay. so i think there just marching all over town. the police psence is very light, shep. the police are not out here to create friction with these guys

precting a building. you'll see that and staging areas. demonstrators are out they're not making their presence plain to see. and that just avoids the friction with these demonstrators. however,hen crossing the line, suddenly, we see large police officers. >> it's interesting to let them go, and do, go, and do as long as the don't do something that is violent. >> and i've seen that before. saying you can express yourself until you wear yourself out. someone telling us to tell the truth. that is what we're doing here, shep. d marching through the center of town. >> okay. >> cameras have a tendency to attract people that want to get loud. that has been my experience over

the decade. >> yes. yes. that is true. and there is an argument cameras inflame things. they are out here and they want to get their voice heard. they get a bigger audience. >> is it your sense they have an idea of the curfew? midnight from 6:00? >> i haven't heard anybody mention it. it ws interesting to see the ra. you hea about the midnight deadline?ñi >> no. i don't care about the midnight curf. cops don't stop and we won't, either. >> there you go. there is one opinion. >> midnight comes around. you draw a line and people start crossing it. it will cause a little bit of problem it's not going to go on the permanent record. they want you off the streets at

midnight. you wonder how they're going to accomplish that. >> howre you going to accomplish that without a conflict? if you draw the lin i the sand, whato you do? do you show up with cops and have a big confntation? they want to avoid a big confrontation. >> have the authorities been around thebuildings? i saw national guard a minute ago. >> we're seeg national guard. >> go ahead. >> there you go. >> outside there. you can see one of the humvees and guardsmen. looks like these gs have weapons with them in terms of

readiness, i don't know. it's not confrontational. they're trying to keep people from getting into those facilities. that is very near off the highway. >> yes. cam newton plays there. >> i didn't hear that. >> cam newton plays there. >> that is what they tell me. >> he does. he's done great things there. it's 29 minutes past 11:00 in charlotte. 31 minutes so we'll watch and see what happens. you'll be looking live.

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it's 11:33 p.m. and nfh thursday night football just ded and for those of you who just watched patriots beat the oilers, welcome to a quick news check. we're picking things up. it's fairly quiet in charlotte. we have people walking around with protestors. there is a curfew seto go into effect there in about 27

minutes. and one of our reporters. >> protests and the curfew starts in about one half hour time. obviously, the big question now is, i know -- >> i think we should let everybody calm down. it's tricky when you're out there. you want to get the pictures

and, all of a sudden, it's like every yahoo wants to say something comes up to you. this is not easy. >> they say the camera makes tobin nervous. >> i think he'll be just fine. >> yes. you know, you turn a light on in the middle of a big crowd. what if they don't go home? >> i heard one of the people, what are you going to do with the curfew? she said what curfew? most folks swore to continue. most don't know about the curfew. what is the penalty? it's a misdemeanor. not a big deal.

>> it's calm. >> from a little standpoint, people who smashed and looted and stole last night can they be charged with stealing? absolutely. they were throwing items at the police. there is a host of things they can face. >> this is video and you wonder if they're going to try to make an example. >> oh, it will just perpetuate over time. we're going to have more happen and they're going to realize who cares? no one is going to say anything. that is why it's critical. >> their point is that a man got

shot. they're concerned black people are getting you know, just black people are going down. you know? and they want change and they want someone to pay attention. it sounds as if they're paying attention. >> some video of the shooting may come out just because the police said we want transparency. and the family is urging it -- >> and they are. >> they are. >> families are urging it to be released. >> you can see the predicament they're in. you want to let people protest. if you don't, more people won't be able to let off steam.

you understand on a level where they're coming from. it's hard for law enforcement officers. >> because it's precarious, too. anything can happen. this is, more and more vehicles, it takes one person, then, you have a mob mentality. suddenly you have something out of control. look at the people on the streets. >> i'm fascinated by the way they're dealing with this crisis that just sort of blew up in their faces after the events of recent days and police chief talked to megan about that. >> the video, as i said before, not the most definite piece of evidence you can't see the pain and it is, you cannot see him making a gesture like pointing a

gun, which could be more definite but the officer perceived based on everything we've said before, it's different from commands and they need to drop the weapon and turn to the officers and that is what causes everything else to transpire. >> do you have a doubt this officer believed this man had a gun? do you have any doubt that in fact mr. scott did have a gun on him at the time? >> no. there is evidence i can't speak to. the state bureau of investigation has taken over. there is a lot of other evidence that gives us support and

comfort that they, the version you heard from us before, it's supported by evidence that all of the statements that we're able to gather and and that is accurate. >> i know you said you recovered a gun from the scene. did you check for fingerprints and do you know if it's registered to him? >> that question is very relevant. i can't disclose that type of evidence anymore. i would love to. >> you have seen videos and you say you're not going to release them because you don't think you should display a victim's worst days for public consumption. but the family in this case say

they want it released. will you reconsider? >> well, here is what i can tell you. ultimately it is a factor whether or not we release. right now, it is in the hands of the state bureau of investigations and i think that is probably the better option right now. and we'll see what they find. >> the police chief speaking just a little while ago, a couple hours ago with megyn said transparency is probably the better thing. he feels like he's seen the tape and feels like transparency would be a better way to go. and wonders if the state cops will listen to that. >> i think that is what is going

to start them to settle down. everybody else coming forward and saying law enforcement doesn't care about it. this is about bhak lives matter. if you see the videotape, the only concern that i have, the sheriff said we don't see a gun. so that is subject to interpretation. >> but, i think that the chief's point was, and it sounded like what we're hearing was that people can see it. the chief seems to think they should. he has seen these tapes and he, as a law enforcement officer seems to think he ought to be out this. >> i think that is a good point. folks are saying why aren't you showing this tape? >> coming on the heels of tulsa.

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crowds continue to gather, 13 minutes to curfew in charlotte tonight. they say the media are exempt, people to and from work are exempt and going to the airport, you're exempt. leland? >> police are telling us they have no idea what they're going

to do. they say there hasn't been real orders in terms of what to do about these people standing in the middle of college street and this is where restaurants are, the bars are, the ritz carlton. the intersection is shut down. we know police tactics have changed a great deal since yesterday. there used to be a lot of riot police out here. what we're seeing is a lot of national guard troops out front. there are a dozen or so here and on everyone of these intersections here. and another thing police have as they shut down streets is riot police in buses that are following crowds that moved around this city. so they went to the highway,

they would come back in and come here as well. we've got a chance of no justice, no peace. we've got palestinian flags, flags about anarchy. all sorts of different things. and protestors feel they're getting ready. >> we'll see if that happens. we'll be right back

. eight minutes to curfew in charlotte now. how is it there tonight, katie? >> it's calmer than i expected it to be. and kind of the craziest thing i

saw was a hill verbal tiff today in the in front of the epi center. i have heard gunshots. i didn't see any fist fights. nothing like that. knock on wood. >> there is an increased police presence. i don't know if that helped to quell fears or scaring people into being quieter. you can see more national guard here, and there are helicopters overhead. and thankfully, i haven't heard of arrests. >> we just got word nobody has been hurt all night long. no police, no demonstrators. katie, do you know if they have a plan of what to do?

>> i did not hear definite mans from police officers. they do have the right from what i understand to arrest people but a lot of protestors basically said "we have a curfew?" "but thank fully, they're a large group." >> do they have a plan for that? >> demonstrators they're going to do marching and get of here and this guy -- >> i can't hear what he's saying. >> sorry. yeah. >> nothing you can do. >> but as you can see by the

numbers and energy level there are people that are not going to leave here m seven minutes. after the incident on the highway, everyone scattered and the group reformed and looks to me to be larger than ever. >> is there a leadership committee? >> there are organizers. there is a woman that came from greensboro. she was getting people to meet at the mark. considerably more people now. and did they give instructions? >> they did but not as far as where they're going to march and what they're going to do. and how to respond to somebody who got hurt. how to go about chanting.

these are the instructions they gave out. >> the police captain in charge quoting if they are peaceful, we are peaceful. we'll march until sun comes up. if things go sideways, we have curfew as a tool so now, i think i get it. if you're go going to be cool, walking around, everything is fine. he said if they're peaceful, we are peaceful. if things go sideways, we have a curfew as a tool. now, i get it. >> looks like people are not going to leave. now, word does reach these people. and sometimes, you take the game away, it was not fun anymore and they go home. >> maybe that will happen.

this is an interesting thing i just got. our national desk. 164. the police captain, if they are peaceful we are peaceful. we'll march until the things comes up. if things go sideways we have curfew as a tool. standing by. hang tough. like a human fingerprint, no two whale flukes are the same. because your needs are unique, pacific life has been delivering flexible retirement and life insurance solutions for more than 145 years. ask a financial advisor how you can tailor solutions from pacific life to help you reach your financial goals.

we're 50 seconds to curfew in charlotte but it's a squishy kind of curfew. the police captain they'll have curfew as a tool. so lots of protestors saying they don't plan to obey it. they're out for a third night after a police shooting death of keith scott. a peaceful night so far. we'll be live throughout the evening on fox news channel for the latest on the situation in charlotte as the curfew takes effect. our coverage continues now with

kelly wright as the marching continues in downtown charlotte. >> it is midnight in charlotte, north carolina and that means the city is now officially under a curfew for, good evening, i'm kelly wright. >> i'm heather childress. this is a live shot from charlotte, the focal point of national concern. this troubled city trying to quell flaring tempers triggered by a police related shooting leaving a black man dead on tuesday. >> now, a citywide curfew goes into