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 the video

aftermath of that as well. >> very devastating. >> clearly someone lying there in a pool of blood, was in critical condition for a while. we were hoping that person would pull through. >> but tonight is the big night because tonight is a night that the curfew went into effect. it took a while to announce the curfew going into effect from midnight until 6:00 a.m., but those who were on the streets we heard mike tobin earlier today doing one of his reports, and during the report he actually asked one of the protesters, are you aware there's a curfew in effect? she responded, not in a kind way, but basically said she doesn't really care or give a -- about a curfew quoting her. continuing to march on. as we are seeing, police are standing in the wings, standing by to make sure the protesters do not get violent, making sure that the protesters have their right to protest even though it is now against the law in terms of the curfew. >> right. >> but, again, i think what police are really doing here is really something very good. they're allowing the

frustration, they're allowing it to air out. they're keeping a peaceful presence about them, and these people may likely march it off and walk off as we saw in leland vitter's piece one gentleman saying they were hoping to have peace out of this. >> the police are out there to protect them like you don't have any incidents like we had last evening where one of the protesters ended up dead. all of the law enforcement are out there to protect the protesters, also to protect the local businesses. there was widespread ransacking and looting of many businesses there in the epicenter specifically of charlotte, one of the stores there at time warner cable arena where the hornets play, one of the hornets' souvenir stores. also the nascar museum there downtown, also some windows broken, ransacked there. cvs farm alwaysy upstairs in an area where there are several

nightclub, restaurants and that type of thing. the investigators and police down there, national guard protecting the businesses so they can get back up and running. the economy needs to go back, you know, to the way it was there in charlotte tomorrow morning. >> exactly. it is also important to point out a previous report throughout the day, steve hairing ton was asked about the businesses and how they would operate and he went on to report if you looked at the way the businesses were operating it was almost as if there were two different sides to the stories because the businesses continued to try to operate as normally as they possibly could, but then there's the hotel situation where many of the hotels in the downtown charlotte area actually allowed their people to leave, encouraged them to leave because of the emergency situation. so you have a wonderful city, charlotte as you know, because you lived there, is the financial capital of north carolina, of the tar heel state. >> it is very interesting because i wasn't aware the hotels allowed that to happen because bank of america specifically, which one of their main office areas is there in the up town area of charlotte,

and from what i understand a lot of the employees who work there in up town in bank of america received an ougautomated messagn their phones telling them not to go to work in uptown charlotte. >> out of an abundance of caution. in any situation like this, particularly what unfoldest in the last two nights, this is demonstrably different than what it was, and that's a good thing, a good sign. again, as we've seen, people are letting off steam but not doing it in a violent way. they're doing it in a peaceful way. they're chanting, mg any are chanting they want the see the videotape, many are chanting things about police officers. but the bottom line is this community has to move forward at some point. the authorities are there, the police chief, the mayor and all of the city council members as well as the people of charlotte themselves. >> right. >> as you know, many people in charlotte are saying, we're a great city. >> they are. it is a great city and they're a great people. so i know there have been a lot

of questions as to why this curfew wasn't put into effect earlier, why the mayor didn't accept the reinforcements that they may have needed last night. but i know that myself, i would include myself in this, we didn't think that this would happen because no one thinks that this is going to happen in their community. >> right. >> because you think, you know, we're above this. this isn't going to happen, but it did. you can see, i mean the emotions have been running raw, but hopefully this evening things are calming down. >> well, for a closer look at that let's go to our mike tobin now who has been live there for much of the evening. mike, into the night we can still see that there are still a number of people out on the streets. what's the atmosphere like there now? >> reporter: a whole lot of walking going on. >> we see that. >> reporter: i think that -- yeah, they just kind of keep on marching, and we've got to a point where one of the bigger roads -- i shouldn't say highway -- but i think this is pretty close to 277 which got

shut down briefly earlier. yeah, we're right at the entrance to 277 which was shut down briefly. looks like they're at a decision point. looks like some of the people want to see if they can get out there near the highway and the other people are saying they want to keep on marching without having any trouble. you know that curfew is in place so that if the police need it they can start rounding people up, but the demonstrators are making a decision. if you look around, you've got some people saying this way, this way, this way, meaning the direction of the highway. you've got other people that say they want to keep marching in town. they keep marching in town, they'll do it without incident. they march across the bridge, probably not going to see much trouble. if they go back and mess with the highway again, the situation is going to change. >> mike, does it appear most of the people out there in the streets right now are actually locals? that they're actually from charlotte? >> no. in fact, i've talked with a few people who say they're in from out of town. one of the organizers from

greensboro, i just talked with a kid who said he was from about an hour away. what's up, buddy. ? >> where are you from. >> here in charlotte. >> reporter: where are the demonstrators -- >> last night a lot of people were out of state. a lot of people came to be violent and aggressive. tonight a lot of people from charlotte, a lot of people are here with the charlotte message of the injustice feel. honestly that's why it remained so peaceful because people here in charlotte want to be heard and seen. >> reporter: that makes sense. looks like you are making a decision to go back to the highway? >> yes, i think the idea is staying up town where it's been mostly calm and peaceful, or to venture out to where they're trying to keep us from going to. personally, they're trying to contain us and be calm with us, i feel we should stay in the area they have us in. once we deviate from what they're trying to do, that's when aggression will come in.

>> reporter: and you want -- what point are you trying to get across? >> we're trying to be peaceful. there's an important message we are trying to portray, you know, that there's a level of injustice been done not towards just black people but people in color in general. there's almost like an ignorance toward it, it is kind of being pushed under the rug, you know, that lawmakers and officials are trying to skate over it instead of dealing with it and making a change towards progress. >> reporter: what change do you want? do you want more training for police officers? >> more training for police officers, more -- more training like ethics, you know. whereas, you know, approaching a situation hostile is a lot more -- there's a lot more to be hostile toward a situation instead of approaching a situation and then acting. >> the gentleman who died out here last night. >> yes, sir. >> reporter: police say he was killed by another demonstrator.

does it dissuade you from happening? >> i arrived after it happened. they said a demonstrator killed him and i know there was a lot of fighting between demonstrators yesterday, but a lot of people weren't there for and a lot of people didn't actually see what happened. it was kind of behind the police lines, so i think there's a level of, you know, non-information about that, what actually happened, you know. it very well could have been it was between demonstrators, but the fact it could have been from police there's that level again. >> reporter: in this case, brought everyone out here in the case of in scott, the decedent is black, the officer who fired the shot is black, the police chief is black. does it change the dynamic? >> i think that's actually very important. that's a very important part of it, that it is not just white officers, just white people as a whole who are against us. there's a problem with the police, the police system in general. it is not just white people. it is not just black people being targeted, you know. it is the police, the officials attacking people of color in

general. you know, people being -- >> reporter: you really feel people of color are attacked by the police? these officers come on the job and want to harm black people? >> maybe that's a strong word. i think there's a level of just not -- non-acceptance, you know. approaching a situation, you know, hostile instead of approaching a situation with understanding, of finding out what is going on rather than coming in ready to go for hostile situation. >> reporter: there's a lot of potential that police officers are nervous. >> i understand that. there's been a lot of situations, even last night i saw where police officers, there were three or four who were separated from the pack and protesters approached them, and for myself i feared for them. i think there's definitely a level of intimidation towards civilians to the police, but also at the same time you have to remember these people are supposed to be trained to handle situations. they're supposed to be trained to be able to understand and to adapt to these situations, you know. civilians know to a certain level, they act off emotions, they act off what they feel at that moment.

there should be a higher standard, they should be held to a higher standard that if you made the choice to be a law enforcement officer, if you made the choice to protect the people, your first and foremost notion should be to protect the people. >> reporter: thank you. >> thank you, appreciate talking to you. >> reporter: kelly, go ahead. >> mike, i was going to say could you ask the gentleman how does he view repairing the breach and broken relationship or fractured divide they have between police and the community, but he somewhat already addressed that. so that's what i was going for. >> reporter: yeah. i can address it with someone who will come by. doesn't look like there's anybody within reach right now. but take another look around the scene. looks like a lot of people are sitting down, and that's an indication that, you know, this strategy of letting everybody walk it off might be working. >> yeah. >> reporter: people are getting tired as we are seeing out here. >> walking does a body good. >> mike. you were out there last night. why do you think this evening has been so much more peaceful,

such a different atmosphere than what we experienced last night? >> reporter: well, that's a tough question. you know, you just have to get in the hearts and minds of people. sometimes it is just a matter of fact that the steam was let off, or it could be because it all went public and people are a little bit ashamed that it got out of hand. they came out trying to make a point and next thing you know you've got opportunists busting out the sporting good store. i think there's a little of that. when things start to get a little too fired up you'll have different organizers and people who seem to have respect in the crowd come and tell people, peaceful, peaceful, keep it calm, let's not get out of hand. i think there's a little bit of people who aren't proud with the way things went last night. you always have -- in every one of these big demonstrations i have seen you get opportunists

who show up and highjack the cause. >> in particular we notice a lot of ministers are on the ground with the protesters earlier today, trying to help keep the peace and talking about how to move forward peacefully and conduct themselves within a measure of calm, collectiveness, and still getting their point across that changes need to occur between the police and the community. >> reporter: and i think we see that time and again. and i think the police officers, you know, the police community very much wants to bridge this gap. the question is how do you do it. i think if you listen to people like the police, the former superintendent in chicago, gary mccarthy, he thinks the police have been ham strung along the way and they can't make contact with the general public. i have heard some of the people in fraternal order of police say this business of making contact cards, where they fill out a two-page report every time they stop and talk to someone.

well, that prevents them from getting out and engaging the community, building a relationship with the community, and it certainly prevents them from doing the old-fashioned police work where you find out what is going on in your community and that's how you conduct your investigations. >> all right. mike tobin, thanks for keeping us updated and doing such great work down there, especially talking to the young man who seemed to have a handle on his own thoughts about and own perspective on what is going on, and obviously wants to see some healing taking place. we will be talking about that as a matter of fact, mike, so we will get back with you later on. on the phone with us is bobby kipper, the founder and executive director for the national secenter of preventionf violence. he worked with the police in the state of virginia in terms of quelling gang violence and having an anti-bullying campaign. bobby, good of you to join us tonight. you have a program you launched, in fact you wrote a book called

"actively caring for people policing," and it is about bridging the divide that might exist in communities like charlotte, like chicago, like ferguson, all of the major places or even rural areas where police are trying to connect with members of the community. we heard mike talk about that. tell me what actively caring for people policing is all about. >> caller: sure, kelly. thank you for having me. actively caring for people policing is based on the science of breaking down the barriers between people who realistically may not get along to begin with because of implicit bias or whatever it may be. introduce in a way that those parties can interact in conversations, in the community dialogue, and start to reward people for the positive things that they're doing. as you see on the streets -- as you see on the streets there to night, there are a lot of people that are protesting peacefully,

and there were clergy out earlier i understand doing some positive mediation between the group. there's a lot of bridging that's already going on within the community, and we think that actually people policing puts police officers as part of, you know, the solution instead of the problem. it gets away to break down some of the barriers. >> let me ask you this then, because sooner or later all of the protesting is going to cease, but the work has to continue. that's where it gets really hard because that video will some day come out. it will show what might have taken place in terms of does it corroborate what the police have stated or does it talk about what the family has stated. given the fact that when those facts come out the bottom line is that this community still has to move forward. the police have to move forward. the community has to move forward. how does actively caring for policing, what would you see as being something that would provide a solution and some

reconciliation in order to get over this nightmarish situation that has descended on the city of charlotte so it can move forward and embrace it moving forward as a community once again that's made whole? >> caller: well, i think part of the issue, what we try to address in "actively caring for people policing" and having community forums and dialogue is to understand no matter what you do, no matter what you show with the video or how you approach the subject you will have two sides with a belief system already in place, whether the police are right or the citizens are right. what you've got to be able to do is be able to peacefully open up the dialogue between the two groups. what we try to do is come in and work with communities to allow that to happen, to find out who the key community stakeholders are, to really start that open dialogue. the time to do that is before there's a major incident. it is obvious to me that apparently a lot of that has been done in charlotte. as you can see tonight, we

witnesses clergy already on the streets. they were on the streets last night trying to quell some of the disturbances. it is key the charlotte police department has opened up dialogue, you know, with some of the diverse groups in the community because they were right down assisting them while it was going on. it is key. it is key to do it now and it is key to continuing to do that through the healing process. you never can let down the ability to keep those open lines of communication and dialogue open because you realize that there are two belief systems that are going to exist on both sides of this subject. >> all right. bobby kipper, we thank you forex pressing that and bringing that perspective to us. obviously we will continue to watch the developments in charlotte. hopefully they'll reach out to "actively caring for policing" which seems to be a problem -- actually seems to be a solutions-based situation that goes to the root. >> caller: thank you. >> you're welcome. that keeps people separated. >> yeah, i was able to speak

with, i was telling you, d dr. alvita king this morning, and she referenced specifically this brutality has in her opinion nothing to do with skin color but instead a lot about opportunity and the economics of these different communities, and people feeling like they don't have that opportunity to forward themselves and be better themselves. so she, you know, spoke a lot about that needing to be addressed in these communities as well. >> whenever alvita king speaks, i listen. >> and we put it on twitter if anyone wants to listen. >> day three of protests on the streets in charlotte. no rioting tonight but peaceful protesting as police stand by to make sure it remains peaceful, even though a curfew is in effect. it started at midnight and will end at 6:00 a.m. but the city of charlotte trying to move forward in the face of some daunting challenges that they still have coming towards them. >> yes. we will continue our coverage.

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. once again, you are joining our continuing coverage of the situation in charlotte, north carolina this evening, a third night of protests. a curfew is now under way. went into place at midnight and will be in place until 6:00 a.m., but police telling us that they will allow those protesters to continue to walk on the streets of charlotte, north carolina as long as they remain peaceful throughout the evening. joining us now is mercedes cowen in our new york news room. she is part of our fox news legal team, legal analyst for us. mercedes, thank you so much for sticking around with us. >> my pleasure. great to be on with you,

heather. >> let's go back to this controversy that surrounds the videotape and whether or not that videotape should in fact be released. from what we've heard, our reporters there on the scene, the majority of people out there on the streets believe that it should be released. >> right. >> and that it would cause some of the questions to be relieved, the transparency would be allowed. what do you think? >> well, i certainly would be important because in tulsa, oklahoma controversy the videotape has already been released. so it is going to be very strange if the chief decides not to release, in fact it is not going to be the chief, it will be the state. but the family is asking that this tape be released. these protesters and the community are asking for the tape. they want transparency, and we already have seen in oklahoma has done that. >> well, the police chief also said that at least the i heard, and i can't quote him specifically, but the gist of it was that the tape that he saw does not definitively answer

whether or not the suspect who was killed in fact had a gun. so if it doesn't, you know, clarify specifically any of those questions without, you know, with any degree of certainty, will it just cause more problems? >> it could. i mean that's one of the problems of that. that's probably why the chief put it out there in the community. even if you see the tape, it is not going to definitively show you that he had -- actually had a gun in his hand. but if we don't put it out there, the big problem is going to be what are you hiding. i mean that's what the community is going to respond to. why don't we see the tape? why aren't you releasing the tape? what is it that you're hiding? i think to know is better than not to know. >> and as we continue to watch some of these pictures, this i believe was from last night. this evening the protest obviously much more peaceful, totally different scene. but i was wondering as i watched some of these videos that have been released online, specifically on social media,

some of these protesters last night and the night before who became violent, who looted some of these buildings, you know, ransacked the streets of charlotte, lit fires. legally what could happen to some of those folks if they can be identified in some of those videos? >> great question. they can be charged with rioting, assault, battery, vandalism, looting, theft, a whole host of charges. but the real key issue is can you identify them, can you locate these individuals. but, frankly, i don't think the prosecutors have a choice. i really do think that they have to find these individuals who have done it, because it is not the fact that, well, great, it is wonderful that day three doesn't have the same level of violence. but you have to worry about what happens in the future if they don't take a hard stance now. it is going to perpetuate in the future. >> and how difficult will that be though? will the proof just be in the video alone or what else will they need? >> well, that's a great point. certainly the video will come in. they'll see if there are any

witnesses to it, but the video will be probably the best evidence out there. and, frankly, once you start posting these videos in social media it is amazing how many tips law enforcement get. >> mercedes, it is kelly. >> hey, kelly. >> i just want to ask you quickly, you know, tonight there was a curfew implemented at midnight until 6:00 a.m. it has already been violated as we have clearly seen. the police have laid back, the national guard has laid back, and the state police have laid back in order to, i guess, allow the protesters to blow off some steam. let them walk throughout the city as long as they remain peaceful. however, will people look at that and say, wait a minute, if you're going to impose a curfew, enforce the curfew. i'm just interested to know your legal opinion on that. if you announce a curfew and then you don't enforce it, what kind of message does that send in terms of the legality of it? >> well, great point, kelly. it is so strange that there's a

curfew. in fact, so many of us in the newsroom were looking at the clock and saying, boy, let's see what is going the happen at midnight. then suddenly, wait, nothing happened. they're not clearing the streets. they're still walking, they're still protesting. it is very confusing. obviously confusing to observers, but, two, the message to the community is we may put the curfews up but it doesn't mean we're going to enforce them. i think it is the wrong message and, frankly, it could lead to problems in the future. >> like what kind of problems? >> there are people that are breaking the curfew can be charged with misdemeanors. i mean make sure, if you are going to make a point of putting in a curfew and restricting activity, then you should enforce it. i mean most -- most times around the country when curfews are imposed they're imposed. the streets are cleared, and if no those individuals are still walking the streets breaking curfew, then they face misdemeanor charges. >> thank you. >> can i ask you one more

question? >> sure. >> in reference to the suspect who was killed, the 43-year-old keith scott. >> yes. >> there's some information that's now coming out about his past criminal record. >> right. >> when we hear the police chief say that there was not a definitive answer as to whether or not he was armed, would that have played into the decision being made that this was a just action by the officer? >> that's a great question, heather. it is really going to boil down, if this actually gets to court at some point the judge has to weigh whether that's even going to come in, his past criminal history, because the officer didn't know that there's a criminal history behind it. >> okay. >> some of that evidence may come in. it will be at the discretion of the judge. >> all right. >> mercedes, always good to have you join us. >> thank you. have a good night. >> lots of questions remain in all of this. it will continue to unfold in the coming days. as you said, the people there in charlotte have to find a way to move forward.

>> they do. they've got to heal, and as mercedes was talking about it is almost important if you're going to impose a curfew at some point you have to show that you're enforcing it. but whatever they decided on the ground there, that's in the purview of the police. they're operating on the ground and they obviously have made a decision, and people are at least peacefully protesting. we will be back with more as we continue to follow the developments in charlotte, day three of the process. ♪

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. we continue to follow developments taking place in charlotte tonight. this morning a curfew went into effect at midnight. it will continue through 6:00 a.m., but people are out on the streets protesting, peacefully i might add. police are standing by and so is fox news correspondent leland vittert. he joins us live with more details from his location in charlotte. leland, what has been happening right now and what can you tell

me about the atmosphere currently? >> reporter: well, kelly, whether it is because everyone's tired from walking so far or the smell of weed that's in the air or simply it is now 1:30 in the morning and these guys just announced they've defied the curfew for an hour and a half, it seems as though after 14 miles of walking or so tonight everyone seems to have dwindled to a crowd, probably 100 maybe, 110 people out here. it could be a little bit less. they seem now to feel like they've made their point. give you an idea of how different things are obviously than last night, none of the violence, no tear gas, no arrests. you can see what's been following this crowd around for a long time is not only the police on bicycles, we also have police in riot gear in vans staged every block or so. this group has marched now for a long time, for really hours, and then once the curfew happened for about an hour and a half after that. we had talked to the police to the issue that mercedes talked about earlier, and basically

what they were saying was the curfew was put into place so that if there were big crowds and if the crowds were violent, they had a way to arrest people and get them off the street rather than trying to force any kind of confrontation at midnight. i just had a fellow come up, he joined the rally behind me, he said, hey, we did it, we showed them we will be able to be out here, we showed them we're going to be able to make a point, and the police seemed fine with being shown that if people want to be peaceful and on the street they're more than happy to allow it to happen. so whether these guys decide to go home or not, unclear. it was an interesting moment about an hour ago when there was a decision point and mike tobin was talking about this, are they going to go shut down the highway or continue marching. a large group wanted to continue marching, a small group that wanted to go to the highway. there was almost some fights between parts of this group about that very issue, and now they seem to have decided, hey, they're going to keep continuing to be peaceful. bring somebody to talk to for a second. hey, robert, come on over one

second. i want to ask you, tell me, you really seem to sense a celebration for you guys. you've been out here for a long time. what have you accomplished and why was it worth it? >> man, they wanted to see us act the fool and they showing footage from last night where people got hurt and stuff. tonight, you know what i'm saying, it's peaceful. it is about peace, period. the thing is, man, they don't want to see peace. they want to see us go crazy. that's why they called the national guard here. guess what, it is past curfew. we kept it peaceful, we will keep it peaceful. >> what was different about last night? last night was violent, it was dangerous. there were people who got shot, there were stores that got looted. what changed tonight do you think? >> peace. peace. a change of heart, change of mind, doing things differently, doing things differently and just doing what we need to mean? it is not always the answer, violence ain't always the answer to do crazy things and what not. the answer is to be peaceful. if they don't be nice to us, be nice to them anyway.

if they don't love us, love 'em anyway. peace, man. >> reporter: do you think you made your point? >> of course. of course. it's going to keep going on, we have to keep peace in our hearts. we have to keep peace in our kids, keep peace in our streets, keep peace down here, keep peace, period. we got the keep peace, that's number one. >> reporter: kelly, i know you were asking about this earlier, you're not from here, about a half hour away. tell me, where do you go from here? you had the night of violence, now you had a night of peaceful marching with the national guard on the streets. where do you go from here? how does this community heal? >> bless up, that's how we heal. bless up. peace, love, that's the major key, peace and love. >> reporter: if more people kept that on their hearts maybe we wouldn't have to be out here at all. i appreciate your time. where is everybody going from here? what is the plan? >> we going to be out here. >> reporter: keep going? >> we're gonna keep going. >> reporter: that's the plan, continue marching. obviously we'll have not only

the national guard out here but the charlotte police out here. you get a sense it is a different crowd than what we experienced last night. >> it is not just black people, it is all people. >> reporter: there is all people out here. you just heard him say all lives matter, which is not something we have heard very much out here. it is an unusual and different and one worth noting as it is now about 1:30 in the morning. you get a sense from most of the protesters we talked to, they are tired and that's one thing that is consistent among this message. >> i was struck by him putting his arm around you, making note of the fact that it is more than just black people out there. there are whites, there are latinos. but, again, talk about peace and that's a good thing to begin with because that's what that community has to return to. leland, thanks for your great work out there. >> leland, can i ask one other question though? we haven't talked about this this evening. there were reports there were going to be some protests, some marches in some other parts of the city, specifically an area known as the southpark area. have you heard anything about

that? did that, in fact, happen? have those crowds dissipated or gone home? >> reporter: yeah, i haven't really heard anything about any types of protests in any other place. this is -- it is impossible to describe the difference between last night that turned into a full-fledged riot and tonight it seems to be -- the numbers are a third, a quarter, a fifth of what we had out here last night, and the agitators that seemed to be trying to cause problems don't seem to be out here either. now, whether or not this holds or not and to the point you guys were making earlier about what we had happen in terms of obviously the shooting that sparked this of keith scott, now that we have the investigation, whether the videotape comes out, when the videotape comes out, how the community reacts to that, and then also the issue of the demonstrator who was shot and killed last night, all of these things have the potential to be flash points again. but what is most interesting perhaps about what happened here in charlotte versus what happened in ferguson or what happened in baltimore is where

we are, where all of these protests took place. when you were in baltimore you were down inside some of the roughest parts of baltimore that existed. when you were in ferguson, not the center of st. louis, a suburb known for being a working class neighborhood. now, all of a sudden you have these protests in the downtown. you had tear gas canisters flying outside the rightz carlt, a shooting outside of a hotel. it seems the governor seemed to realize if they didn't return peace the economic impact to the city would be unbelievable. probably will have some impact, but we don't know yet. >> very good point. leland vittert reporting from charlotte. that is critical in terms of how -- one could say the city had a response more focused because the protesters took the

protests and demonstrations to the heart of the city. >> absolutely. they refer to it as uptown charlotte. >> exactly. >> and the epicenter there. the charlotte hor nets play there at time warner cable arena where a lot of the protest and damage happened, and also the charlotte panthers play down there. and there's an nfl football game on sunday, and there had been discussion as to whether or not they would still have that game. the nfl came out late this evening and said yes, in fact, they will move forward with that on sunday. >> we will be back with more. stay with us. i have asthma...

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no violence, rye i don't think so -- riots breaking out, injuries reported. police telling us as long as they remain peaceful they will allow the protesters to remain on the streets even though the curfew has been put in effect. let's turn to ted williams, a criminal defense attorney and former homicide detective. i joins us live from our d.c. bureau. thank you for sticking around with us. we really appreciate it. >> my fleshure. >> my pleasure. >> speak to us about what kelly brought up earlier, this curfew has been put into effect but clearly local authorities are not making people go home. what will be the ramification of that moving forward should they put a curfew into effect again tomorrow night? >> heather, first let me say i thought you and kelly asked excellent questions concerning this curfew, because i think

tomorrow one of the questions is going to be why the curfew. that's the first question. the second question is why did you wait until tonight to announce the curfew? look, i have covered riots in baltimore, i have covered them in ferguson, i have covered them in milwaukee. what you do is you announce the curfew the day before so everybody knows and can be on the same page the night that you're enforcing the curfew. the problem they may have tomorrow night, heather, is the fact that people saw, and these protesters, you put a curfew in place, you didn't enforce it, so we don't have any respect for your curfew. so, therefore, we're going to do what we want to do. i think it was very troubling to announce that curfew tonight and not enforce it. >> it has a lot of people

shaking their heads on that one. thank you. very brief segment with you but we'll check back with you. >> my pleasure. >> we will be to break and be right back with continuing coverage from charlotte, north carolina after this. ... ...doesn't go on your wrist. ♪ the highly advanced audi a4, with class-leading horsepower. trust number one doctor recommended dulcolax constipated? use dulcolax tablets for gentle overnight relief suppositories for relief in minutes and stool softeners for comfortable relief of hard stools. dulcolax, designed for dependable relief ♪ ♪ ♪

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more insight following a third consecutive night of protests in charlotte, we have to point out peaceful, we have steve rogers who a retired detective from the nutley, new jersey police department, and a former member of the fbi joint task force. you also are a lieutenant commander with the office of naval intelligence. steve, you have a lot on your plate. i want to ask you, last night we saw police holding the line because of the violence that ensued with the protest. tonight we see that police have backed away, allowing the protesters, all be in the height of a curfew that was imposed at 12:00 a.m. and will continue until 6:00 a.m., but the police have held back, showing their own restraint. yet we have seen restraint coming from the protesters as well. so we have a peaceful stalemate here. that's a good thing, is it not? >> it is a very good thing. kelly, i've got to tell you, i'm

sitting here thinking to myself, we had the same conversation in the '70s, the '80s and the '90s and here we are in 2016 having the same conversation. it is the police and the people who are being victimized. i'm going to qualify that statement. you know, many of the people have a lot of legitimate concerns and they've expressed them the best they could. i'm not talking about the rioters, there's no excuse for violence, and the police have concerns. but the real frustration should be taken out on the political le leadership of both parties, it is not a republican or democratic problem, it is a american problem, this promised so much and have delivered so little. it is great to protest. i think moving forward that the community leaders there and others have to move forward by holding the political leadership throughout the country, hold their feet to the fire and let them know, look, we do need jobs, we do need education. we need those tools that will help us come out of this

problem. the police need to know that their government officials are going to back them when they are led into situations where they have to protect everyone. >> steve, a lot of people are listening to that and a lot would agree with you. others would say, well, how do we get there? obviously what you talked about is that people have to come to the table of brotherhood and sit down and talk, both sides of the aisle, republican, democratic, black, white, conservative, liberal, they all have to sit down and deal with this problem called race in america, be unabashedly involved in it, not afraid to talk about it. >> exactly right. look at the ministers that were out there. i saw them on your tv show. they're working with the people. i saw a visual tonight on your show of police officers talking to people, engaging. >> all right. >> maybe you have to get the politicians out and let the people and police come together. >> steve rogers, thank you, my friend, for sharing that good insight with us. >> thank you. >> just want to say charlotte is

a great community. >> it is. >> a great place to grow up, and it will be a great place moving forward. i like what the last protester we heard from said bless up. i like that. >> bless up, have some peace and hope. >> i'm kelly wright, heather childers. >> see you back at 5:00 a.m. bye-bye. with hydrogenated oil... ...but real joyful moments are shared over the real cream in reddi-wip. ♪ reddi-wip. share the joy.

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here is brit hume. hello, and welcome back. i'm brit hume and this is "on the record." the city of charlotte is preparing for another possible night of racial violence. we'll have more on that in just a moment. first, though, our nightly snapshot of the presidential race. the real clear politics polling average continues to suggest there has been some movement in hillary clinton's directions. she now holds a 2.6 point lead in a two-way race and a 1.6 point lead in a four-way race and we will get to more on that shortly. first to charlotte where the ugly face of racial division has been on display. a black man was shot to death by police on tuesday. for the latest we turn to fox news correspondent steve harrigan who is in charlotte. steve? >> brit, uncertain mood here. real tension as the sun begins to