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 effect, authorities wait to

see if protestors will respect the order and go home in peace, or if the city might be in for another night of mass chaos. that was the case wednesday night, hundreds hit the streets to confront police in riot gear. police fought back with tear gas and rubber bullets. it ended with the death of one protestor and convinced state leaders it was time to bring in the national guard. >> their presence kept thursday night's protest calmer but demonstrators made their demands clear. they marched through the streets of charlotte chanting "release the tape". that is a source of controversy.

they're reasking for a police tape. officers say he was armed at the time but scott's family, they have a different story, saying he was not armed, merely holding a book. mike, we're following images and a hill bit of a different scene tonight, do you think that will hold? >> what isn't holding is the curfew. they're not necessarily going to clear the streets. the curfew is a cool for them. if things start getting rowdy, that gives them ability to swoop in here. we've got people marching,

hundreds now. this is the largest that i've seen the crowd yet and we're wondering what is going to happen. there are too many people to get off the street in the amount of time. and clearly they're not just going to get them off the street. the crowd is younger and more rowdy. there is a little bit of pot and booze. people are getting feisty. but people are not even chanting that much anymore. i think they're starting to get worn out. that is a lot of walking. my camera man said we've done 26,000 steps so far today. >> how did they let protestors know the curfew had been put into effect? they didn't make this call when they could have by the time they made it. a lot of people were out there

on the streets. >> this starts working around quickly. some seem determined to defy the curfew. and you can talk about the strategy of the police. if you put this line in the sand and remove it and don't give them anything to contest, what you're looking at is a reporter trying to do a live shot and everybody jumping in front of her and trying to make it on scene. you've got young kids here that are fired up. as long as the town doesn't start getting busted up. you're not going to see police enforce a curfew. that message hasn't gotten out to demonstrators. they keep marching and you don't see that many police. if you look at the buildings, there is national guard presence by the arena. there is one of the humvees.

what you don't see is heavy presence of police. it doesn't mean they're not around. -- pardon that. a guy is flipping the finger. >> yes. >> go ahead. >> i'm from charlotte. i grew up there. so i'm familiar with the area. that is one gift shop from the hornets ransacked and some have boarded up winos in anticipation of perhaps the same thing happening. >> this seems to be windows that are smashed up.

if you look at, if you get a shot down the street, we can get viewers some kind of perspective as how thick this is. >> there was a mixture of older people, families. and pastors that were able to talk to the crowd and telling them to remain calm. and of course, police able to go there in mass. the presence there tonight has that been able to keep them calm? >> police presence or religious leaders? i can point to one instance. the demonstrators found a group

of of the riot cops and they went forward and started a confrontation there. it was a religious, community leaders who put themselves in between the demonstrators and police. and that helped diffuse the situation. if we look, there, you is police overhead looking down, observing the situation. but they're not down here engaging with demonstrators because that is just going to bring friction. >> throughout the day, things were calm, there was quite a few people coming out on the streets during the evening. what kind of talk is going

around? people, during the day, they looked at what happened last night and the night before, how do they prepare for tonight to try to talk back the violence and start talking about how they can move forward with the reconciliation throughout this ordeal? >> i think they're just hoping for the best in terms of knowing demonstrations are coming. in terms of an in depth thought, how do you move forward? it's a little bit more of an indepth conversation you're going to have. people are worried you're just going to burn the town down and they're worried about the town burning and not talking about and moving along to emotional levels. more engagement is the concern. we saw people going about the job. and prepping.

and boarding up i saw was clean up. we talked about cops in the wings. look up the alley. so. >> this are people coming to walk and march as long as it's peaceful? >> that is the directive. you can see the numbers of people here. how you're going to clear up the streets. some might not have known it was approaching. many of them seemed determined to defy it. >> mike, amongst people you've been able to speak to, what do they have to say involving this controversy? i know the governor there passed a law in july that would not

allow audio to be released except for restrictions. that doesn't go into effect from what i understand until october 1. the people this on the street feel it should be released? >> they feel the tape should be released. the chant goes out often, release the tapes. let the people see what happened. you know, you've heard from the chief who made it clear. he didn't want to release the tape because of the precedent so you've got the crowd demanding the investigators and prosecutors to release the tape

and they don't want to do that. >> one protestor was shot by another, that individual died from what i understand. is that what you're hearing? >> right. >> that is confirmed. what is not confirmed is how he died. the word on the street is that the police came going with a rubber bullet and killed him. so it doesn't take them from their task. they say it proves what they're up against. i looked at the video. it shows the aftermath. the police version of what happened is that another

civilian fired the shot. it's another civilian fired that shot. we had a witness who came on megyn kelly's show who said after the shot was fired, he heard the shot and didn't see it fired but turned and saw a black man with dread locks and pistol. turn and run away. >> like the situation with the original shooting that started this. there is a different >> what you have is an appetite for one narrative that happens. and that happens. they wanted that but we found out over time it wasn't true.

now, there is another narrative and if you present them with evidence they say that is a lie. so they don't want to accept the possibility of that. and they say if someone else shoots at the police they'll take them to jail right away. don't wait for an investigation. that is what they say. >> i'm not familiar with rubber bullet. >> i suppose it depends where you get hit. >> it can cause a problem. >> mike hobin, thank you for keeping us updated. stand by.

mike tobin doing excellent reporting there in terms of what is going on tonight. the third night. it's peaceful and calm. ted, he talked about people being out on the streets without knowing all of the facts and talked about the fact that the video, people would like to see what actually happened because of the two opposing stories. that did he have a book? and did he have a gun or was he holding a book? the family did see the video. we have comments and we'll get to that in just a moment. let's hear what the police chief said about that video.

>> all of the evidence we heard from witnesses and on the scene, it's not my job to dispute anybody's version. we're going to let the justice system run it's course and see how that turns out. and i'm not man bri indicating anything. . i have nothing to gain. >> it's a confusing story they're giving to citizens to process, kelly and heather, you hear the chief say it's on the facts. they talked about facts that the video was there. >> i hate to interrupt you.

hold that thought. heather, some details for us now. >> we want to go to lee land now, standing by live on the scene and i understand you have a police officer with you? >> indeed. the police captain here is running the show. how is it going? >> i appreciate that. i'm not running the show. i'm just out here trying to see what is going on. >> give me a sense of what is going on. >> it's a great group. people are inside the group helping us out and maintaining control. they're doing the lion's share of the work. we're just fofling along. >> questions about what is going to happen at midnight. we believe curfew means you're off the streets. you're letting people continue to march. why? >> if it's peaceful, if things go sideways we can use that.

>> if this goes on until sun up, you'll follow people? we don't see the riot police out in the same way. is that because things have changed on the streets? what is going on? >> we're going to respond from what we're getting on the crowd. and we'll respond in return. >> is the national guard helping you out? >> they can keep the places secure. >> what is different about the crowd? is the anger let out? what's happening? >> there are a lot of people from the community inside of the group. they're doing the lion's share of the work. i can see them talking people down, mediating disputes and standing between some more aggressive folks. the credit for this march goes

to those peace keepers inside of the group. >> what is your mrn for coming six or so hours? >> we're going to walk. i've got to find my group. i've got to do that now. >> captain, thank you. and this is what is interesting about the way it's been done. give me a sense of where we are. this is about the shooting. this is where the shooting took place. the omni here. and you get a sense that they'd rather not have the kind of confrontations with rioters they have had last night and perhaps people can stay peaceful. >> we'll check back with you.

so far, so good, though. >> it is a good thing to sea. they're peace any marching along. >> the curfew takes place until 6:00 a.m. the directive being they'll allow them to stay out there. >> we'll get back to ted williams to weigh in more about the video issue people are talking about. >> and then, of course another controversy, why the mayor of charlotte did not accept the help they clearly needed. we'll be right back. stay with us. ♪

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. welcome back to continuing coverage from charlotte, north carolina. a curfew is now in place from midnight until 6:00 a.m. this on the third night of protests which erupted following the death of a black man. police have said he was armed but the family is disputing that. so let's turn to steve harrigan live from the screen. a very different scene than the

past two nights. what are you seeing there? where you're located? >> reporter: there have been no arrests reported or damage to property. as far as protestors go, numbers probably peaked at 400. at 10:00 tonight they made several stops along the way. the police station and there was an attempt to take control of the highway, 277 around the city. by as many as 200 protestors. so the heavy police presence. something new we're seeing here are the national guardsmen with rifles. they've been stationery and posted in deven places throughout the city. not engaging with the protestors

in any way, but a show of force. they have armored vehicles as well. here is the scene where one protestor was shot and killed last night. and that created real pandemonium here and a dispute over who fired a shot. was it rubber bullet? fired by police or civilian? and you can see the omni hotel here. we didn't see any looting tonight. no violence. a different mood. we get the sense that the determined show of force by the governor and mayor having a state of emergency has served to calm things down. the protestors tried to take control of the highway but that never got off the ground so the question now is, where is it

going to go from here? it doesn't take much to spark things when you have people on the street. >> yes. we have seen i know there were stories of video of crew being attacked by the crowds. and how do you feel about your own personal safety? also a difference? >> it kind of makes you feel bad when you're used to asking people their opinion. i think we felt that there was so much anger and passion with the conflict back and forth. sometimes, there was so much

mistrust. and it makes you feel bad that you have to have security. and you know, state where i lived four years. it's no good. >> i worked there several years and a lot of my colleagues, former colleagues were on the street overnight. there was a photographer, from what i understand they tried to pick him up and put him in a fire they had lit on the street. do you know in reference to other injuries that took place last night? >> there are different ways to get injured. as to that reporter i didn't hear about that. there were a lot of different

devices including emotions are flaring. a man was shot and killed right here with a shot fired into the crowd. but it is weird to be a target as a journalist. there is not a lot of trust here. >> at the same time, we want to mention there are folks out there and this evening, several were out there. where you're standing, i saw one trying to stand between the police and protestors getting violent and riling up more and more intense.

so this evening, there was a sign that said free hugs trying to say peace and love. let's handle it that way. so there were people out there trying to do the opposite and not cause problems. >> we saw that tonight. and we saw 4 or 5 african american ministers in suits walking between two groups. they're doing knit a low profile way. they clap their hands and

confused at potentially tense and violent situation. >> curfew in charlotte, north carolina. we'll continue our coverage after this break.

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this is a fox news alert. we're following developments in charlotte. tonight, it's very peaceful but you can see there are still a number of people on the streets and police officers are around, making sure they remain peaceful. there is a curvy and let's talk about that videotape now. we shed you what the police chief stated about the video and it seemed you were a little bit surprised as to why he chose not to release that video. can you explain? >> i'm very surprised because you are dealing here with a

community that is getting several stories about what happened with chief scott. the videotape will go a long way to what we're seeing tonight with the demonstrators protesting and i hope there is a north carolina law going to go into affect on october 1. that law may very well prohibit the showing of that video. so it's very, very important with this public that is very uncertain about the death of

this man. >> so the family stated they'd like the video to be released and calling on police to do that. and we know that has not happened but the family states it's impossible to discern from the videos what, if anything mr. scott is holding in his hands when he was shot and killed, the family goes on to say. he was walking backwards. as you know there are two stories out there. some people are saying that he was holding a back. and from what we're hearing the video might settle disputes about the video that show he

wants to show something that substantiates the police claims. what would you like to see in terms of this video? what if anything? >> that is the $64,000 question. if let's say they release the video and shows this guy has a gun. you're going to hear a certain segment of the community saying that the video was doctored or its going to be very difficult to please every segment of society. as a criminal defense attorney not only am i hooking at video

but the chief of police said there was a gun. and that fun, if it was in the hands of scott, there should be trace evidence. i have to believe by now, they've looked into the dna and looked for fingerprints. i think with transparency, you're going to have to release that kind of information. >> that is the word people are looking for. transparency. that is something that will weigh heavily going forward. the black police officer claimed scott did, in some way, weighing in on your perspective. and there is a lot going on on

the ground. the curvy went into affect from 6:00 a.m. until 10:00. >> joining us for more insight, this night does not appear to be violent. we have steve rogers, a retired detective from the new jersey police department and a member of the fbi task force steve, thank you for joining us this evening. and we're watching as these protestors walk along the streets in charlotte, north carolina. you can hear them chanting and talk to me more about what kelly was just discussing and the

importance of this tape being released or not being released. what do you think? >> most believe it should have been released a few days ago. there is something called a greater good. people cannot tell from a video to makeup a story. i believe the police chief. just because i believe him doesn't mean everything else is going to believe him. in order to quell this, you can address false narratives, show the video. he's talking about transparency. >> there is another side of it

in terms of why the law was passed that limits release of the video and one of the reasons is that not only gives the officer the right to know, but protects the officer involved. the video is the final moments of this man's life. so they'd want to talk to the family as well. i know the family were able to see the video this evening or this afternoon. >> that is reasonable. but we need that mechanism to protect the officers on the streets now and to protect property and to protect other innocent people. look. think about this.

so we're looking at 19th to early 0th century rules in a 21 century policing methodology and have to change of rules of engagement here. >> what about the rules how officers are trained? from what i understand this officer was african american only on the force i believe two years and what are officer know the difference between a gun and a book? >> he would. and here is the issue i think that is really going to be discussed down the road. there is this idea a police officer cannot use deadly force if a gun is not pointed at him or her. it takes a milly second to shoot and kill a police officer. if that officer believed his

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continuing coverage live from charlotte, north carolina where curfew is now in effect midnight until 6:00 a.m. following three nights of protest. we take you to leland vitte are standing by on the scene. you are really surrounded there. >> reporter: exactly, heather, surrounded by who. there's not a lot of folks out here anymore, and a number of the protesters we see going home. really if you combine the amount of law enforcement officers and the national guard troops, you'd probably get to more than the number of protesters. the protesters are just up here at this street and we will keep walking through to give you an

idea of what has happened to the streets of charlotte that have now turned into an armed camp with humvees and those kind of things out here. on each one of these alleys is buses of the riot police we saw out last night. this is the omni hotel, and this omni hotel is where the shooting was yesterday and where that big confrontation between the protesters and the police and where they really squared off, and there does seem to be a concerted effort on behalf of the police to not cause any more confrontations. we talked a number of times to a police captain who was running the show out here and he said, look, as long as the protesters are peaceful, as long as we don't have the rioting that we had last night we're not going to have any kind of confrontation. and much has been made about this curfew that's now about 48 minutes into effect here just past midnight in charlotte. everyone is worried, well, how are they going to force all of these people off the streets at midnight, and the answer from the police is they don't want to force them off, they don't

intend to force them off, but they needed some way to make sure that last night didn't happen. we're going to give you a sense here as we come up to one of the next intersections. remember, we're in a very popular part of downtown charlotte. he place that people would be out after games, after any kind of night out here in charlotte, especially on a thursday night. there's no tourists, there's nobody out to dinner. it is a ghost town save a number of protesters. rick looks to his right here, you're going to see a lot of the people who had been marching just sort of sitting around, milling around. that's because folks are tired. they've been walking now for miles through the streets of charlotte, mostly in circles. also after to their right you can see is some big, white buses. inside those buses is the riot police and the national guard here that can be called in. this is what is left of the group of protesters, and you'd probably estimate it is

somewhere at a couple of hundred folks, a number of people doing lots of different things including this guy yelling, jesus saves and filming and being their own journalists and everything else. the air seems to be let out of the balloon from what we saw last night. now, how much the police reinforcements in this new sense from the governor and from the mayor that they were not going to allow the lawlessness of last night we don't know. give you a sense, heather, since i know you understand charlotte so well, we are now two blocks away -- hey, thank you, man. tell me, how are you feeling? it is so different from last night. >> it is a beautiful mom. you see black, whites, blood, cripps coming together for one purpose. we want justice. >> what is the message? >> we want equality. one situation happens on this side of the street the same way on the other side. >> reporter: tell me, what is different about tonight? last night was so violent.

>> well, yesterday, i hate to say it, but it might have been necessary. i hate that things happened that they did. i wasn't one of the people who did it, but apparently it was effective. we made national news. people know what is going on. they don't know about the other people who have been killed by police wrongfully here because we've been peacefully protesting. we let you know, okay -- we had a guy jump out with a gun and no police. >> reporter: we had somebody shot last night. tell me about what the feeling is on the street? >> the feeling is love right now. the feeling is contentment. the feeling is like we're actually making progress. >> reporter: getting the story out. >> there's hope, that's what we feel. >> reporter: is this about keith scott or about something bigger? >> this is about something bigger. he was a martyr. this is 500 years of oppression and we're tired and fed up. >> reporter: give me one second. tell me your name. >> julian. >> reporter: i want to keep talking to you and hear your thoughts on this. i'm leland.

give us a sense of how the feeling on the street now is sort of the protests have pretty much dissipated. >> it hasn't dissipated. it is continuing this way. >> reporter: we will walk with you for a minute. you have been out here for how long? >> i would say maybe two hours. >> reporter: you've been out here for two, two-and-a-half hours. have you had any interaction with the police? >> no interaction with the police. but i made sure i went to every national guard and let them know how much i appreciate them and i hate they had to come for this. >> reporter: were you worried coming out here that we would see a repeat of last night? >> it wasn't worried. i was more so prepared. >> reporter: give us also a sense, what do you think the national guard, has that really changed things? >> it's kind of -- it is going to cost us, this city quite a bit of money. >> reporter: it is going to cost a all right of money, especially the destruction. what do you think this does to

the city. everybody that lives around here, they have jobs, need places to work, tourism is a big deal in charlotte, and people all over the world are seeing charlotte is a place with tear gas in downtown. >> reporter: >> sometimes in order to make change you have to make some people uncomfortable. >> reporter: you think it is worth it? >> yes, there are no casualties on our end. >> reporter: one other question for you, the guy who was shot last night. >> by the police. >> reporter: you think it was by police. >> it wasn't shot. there's video footage that proves it. i have seen it. >> reporter: that's your version, the police have a different version. >> of course. >> reporter: we can deal with that later. give us a sense though as you're out here, the issue of keith scott, do you think the police are going to have a fair investigation into this? there's been chants out here about release the video. are they going to do a fair investigation? >> i hope they do. it would be for once. >> reporter: so is this -- this

is something a lot of folks made a point about. the officer who shot keith was black. he was black as well. >> no, he wasn't. >> i wasn't there, i can't attest to that, but -- >> reporter: so it is fair to say there's a lot of questions you still have? >> exactly. it would have been answered -- >> witnesses on the ground said it was a white cop. >> reporter: and you do give a sense out here, guys, in terms of the protesters the amount of distrust that exists out here and you get a sense as the national guard has come out there's been a real sense, hey, perhaps there's someone else in charge. they seem happier with that tonight. guys, back to you. >> we definitely don't want to place blame on the officers who were out there last night putting their lives on the line as well just to try to keep the peace. >> reporter: no, not at all. >> we don't want the say this they caused it or forced it in any way. i would also be interested to know where those protesters are from, and if there are any protesters that have come from out of town. i haven't heard anything about that yet. as we saw happen in ferguson and

many other places where this has transpired. thank you once again, lela leland vitter. we appreciate you talking to that protester. we will continue to follow this story. i know we're going to stay, what i understand, live for the next hour as it continues to develop. >> we will continue following all of it. stay with us. with this level of engineering... it's a performance machine. with this degree of intelligence... it's a supercomputer. with this grade of protection... it's a fortress. and with this standard of luxury... it's an oasis. introducing the completely redesigned e-class. it's everything you need it to be... and more. lease the e300 for $549 a month at your local mercedes-benz dealer. mercedes-benz. the best or nothing. hey marc,

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♪ just can't wait to get on the road again ♪ [ front assist sounds ] [ music stops ] [ girl laughs ] ♪ on the road again ♪ like a band of gypsies we go down the highway ♪ [ beetle horn honks ] no matter which passat you choose, you get more standard features, for less than you expected. hurry in and lease the 2017 passat s for just $199 a month. the time now is 1:00 a.m. in charlotte, north carolina. that city has now been officially under curfew for one hour, but the protesters, as you can see, are marching on. good evening, everyone. or i should say good morning at this time. i'm kelly wright. >> and i'm heather childers. dramatically different scene than the past two evenings. you are looking at a live shot, this is from charlotte. as you can see the marchers are defying the mayor's curfew order

which went into effect, as kelly mentioned, at midnight. will stay in place until 6:00 a.m. police tell fox news they will allow the demonstrators to continue their march, that is as long as they stay peaceful. so far that has been the case. thursday night and up until now with the presence of the national guard and state troopers to assist local police. of course, kelly, that is a big relief to people in charlotte. >> it is a huge relief because it could have gone demonstrably different. it could have been like last night when one protester was killed while being out there during the protest. there are different reports on how that happened. there are reports that he might have been shot by police, there are other reports that he might have been shot by another civilian. the police account is that it happened as a result of another civilian. in fact, there were some witnesses on the ground there who said that they saw someone get shot and whoever had the bullet -- or had the weapon actually ran. >> and we saw