criminal case against mr. clinton, why do they all need immunity then. >> that's it for this week's show. we sure hope to see you right here next week. good afternoon, everyone, we begin with a count down to the big show down, hillary clinton and donald trump facing off in their very first prime time presidential debate on monday night and amid a tightening race for the white house, it could be a pivotal moment, folks. the candidates are preparing for their big moment under the bright lights, each in their own way. hillary clinton is off to the campaign trail today, apparently hitting the briefing books while donald trump says he'll be fine winging it. good afternoon, everyone. i'm julie and good to have you. >> hello, julie. good to be with you. >> we haven't seen each other in so long. wonderful to have you. this is a fox news alert and charlotte's police chief is set to release a statement to the media in about a half an hour

concerning the officer involved shooting incident of keith lamont scott. this after protesters in charlotte taking to the streets for a fourth night of demonstrations despite a midnight to 6:00 a.m. curfew. >> you know, julie, protests last night were largely peaceful. many protesters demanding to police release those dashboard videos and the body cameras of the shooting of scott by a police officer who is african-american. this after scott's wife, rakeyia, released her own cell phone video you see there. a painful and very dramatic video of that confrontation and the shooting death of her husband. police demanding repeatedly that he drop the gun, but you cannot see a gun in that video. senior correspondent rick leventhal is live in charlotte. do we expect these videos may be released by authorities?

>> reporter: well, that's what these folks are hoping for, eric. there's been a lot of calls for transparency and as you mentioned, we've seen demonstrations in four consecutive nights. the first couple nights, much more violent than the past couple of nights, there were 11 arrests overnight but now we're seeing a protest march in the daylight hours. this group is calling for transparency, calling for the video to be released, and also, as you can see, saying that black lives matter and they're very upset about the shooting of this man by police officers. as you mentioned, we are expecting to hear from the chief of the charlotte police department. we don't know exactly what he's going to say. we have heard rumors that they might release the body cam and dash cam footage of the shooting that occurred on tuesday afternoon, but we haven't been able to confirm that and what we have now are a group of demonstrators who are making their voices heard here in the streets of start in the uptown business district. this is where the marches have

primarily been in the last four days and again, we're waiting for a word on what the chief may have to say and these folks anxiously awaiting that too. >> the chief has been up front, talking about the narrative of the shooting, this amid the reports that mr. scott's dna, blood, and fingerprints were actually found on a gun on the street, but some of those protesters last night were thinking that -- they're saying that the gun, you know, wasn't there and they're raising questions about that. any confirmation on about that gun and the circumstances surrounding it? >> the report of the gun came from local media, citing a law enforcement source. as you mentioned, that report was that a gun was found at the scene, that scott's dna was on the gun along with his fingerprints and his blood. of course, he was killed by a police bullet, so presumably, that's where the blood came from. there's a lot you can read into that video released by his wife where you hear her saying, don't do it, don't do it, presumably telling her husband, don't do something. and then you hear -- or her

saying, don't shoot, don't shoot. and police saying, drop the gun, drop the gun, multiple times before the shots are fired. so it certainly sounds from the video as if they thought he had a gun, where he may have had a gun, and now we have the reports that they found a gun with his blood, dna, and fingerprints on it. we haven't confirmed that. and the police may not confirm that, because it is evidence in an ongoing investigation just as the video is, but because that other video was released and because so many people, including the mayor of charlotte, have called for the video to be released, it could be released, eric. we're waiting to find out. >> and when we see it, authorities have said that the videos that the police had were also ininclusiclusive. we'll let the people decide with their judgment based on the information. we'll get back as soon as the chief holds his news conference. julie? now back to the campaign trail. hillary clinton and donald trump

preparing for quite a show down monday night in the first presidential debate, this is going to sort of be like the world series or something of huge sports interest to an even more viewers, maybe a super bowl, if you will, of politics. peter deucesy starts off our live coverage in roanoke with the very latest. hey there, peter. >> reporter: hi, julie. imagine standing at the debate stage monday night at the podium, the biggest night in your entire life, the whole world is looking at you, and all you can see sitting there in the front row is a woman who says that she was your husband's mistress for more than a decade while you were married to him. well, that is something that hillary clinton may be facing two days from right now, because her campaign gave a ticket to the debate to trump critic mark cuban and trump's counterpunch, his response to that a lot more personal. he tweeted that if dopey mark cuban of failed benefactor fame wants to sit in the front row,

perhaps i will put gennifer flowers right alongside of him. they are hoping hillary clinton does most of the talking because they have analyzed some old tape of her and believe the longer her answers drag on, the less people will like what they are hearing. something trump says he liked to hear this week was the endorsement of rival ted cruz who in july, remember, used a convention address to tell republicans to vote their conscious, not to vote for trump. well, he's come a long way, writing now in part that, quote, if you don't want to see a hillary clinton presidency, i encourage you to vote for him. and the republican nominee expressed some gratitude with this statement, quote, i am greatly honored by the endorsement of senator cruz, we have fought the battle and he was a tough and brilliant opponent. i look forward to working with him for many years to come in order to make america great again. one of the reasons cruz listed for coming around on trump after all this time is because trump said he would consider utah

senator and cruz friend mike lee for the vacant supreme court spot if it was trump's job to fill it. that means that lee is one of 21 justices trump has put forward. the list that he has is very popular with conservatives and what's really interesting about it is that normally at this point in an election, candidates are sprinting to the center. they are trying to bring independents on board, and trump is certainly trying to do that but he's also managing to get members of the far right part of the republican party to join him as well. >> all right. peter, thank you very much. so, it's clinton versus trump and you can be sure fox news will have complete debate coverage all day on monday, live at the university on long island leading up to the big event. it is 9:00 p.m. eastern. it's the must watch television moment of this campaign. you will watch it right here on the fox news channel. >> yeah, they say maybe 100 million people will be tuning in. we'll see monday night.

back to the news this afternoon. five people have been killed, one wounded and a gunman remains on the loose in washington state. the shooter opening fire last night inside burlington's cascade mall about an hour north of seattle. four women and one man were killed, investigators releasing the surveillance photo of the gunman. that's the suspect. this shooting comes nearly one week after a knife wielding man went on a stabbing spree and injured ten people at a mall in minnesota. some branded that one an act of jihad, but authorities say this suspect, the man you see there, they describe him as hispanic. dan springer is live outside the scene of the shooting at the mall in burlington, washington, with the latest. hi, dan. >> reporter: yeah, hi, eric. there are well over a hundred police officers involved in this man hunt for a mass killer, the shooting took place in this mall behind me about 40 minutes drive mt. canadian border but terrorism is not suspected here. they have no connection that they have found to terrorism

thus far. police have put out several pictures of the gunman as he walked through the cascade mall around 7:00 last night. in the first picture, he did not have a gun, but then a few minutes later, he is saying carrying what looks like a hunting rifle, which probably means that he scoped out his target, went back to his car and got the weapon and came back in. a witness in the fitting room said she heard a man yell a woman's name several times just before the first gunshots. four women and a man killed near the make-up count ner macy's. >> i don't know what his motivations were to do this. i don't know what his motivations were to continue. i don't know what his motivations were to stop. but i certainly plan to find out through the investigation. >> reporter: police found a rifle at the scene, but the suspect was gone, last seen walking toward interstate 5, which is less than 100 yards away from the mall. i-5 runs north and south from canada to the mexican border, 200 cops were involved in the

search last night but so far nothing. local residents are being asked to stay in their homes with the doors locked and police are asking for the public's health in identifying the gunman. burlington is a small town of around 8,000 residents. >> hold on. >> this is a -- a senseless act. it was the world knocking on our doorstep, and it came to our little community here. we just want even in the community to know that we're going to get beyond this. >> police say the suspect is a hispanic man in his late teens or early 20s around 5'9". now the fbi is involved in the investigation but they are not taking the lead. that's being done by the local authorities because, again, as i said, terrorism is not suspected. eric. >> all right, dan, hopefully they'll get him soon. thank you. julie? on to another story now, the fbi releasing about 200 pages of

new documents from its investigation into hillary clinton's private e-mail server. now, some of the documents show the former secretary of state and her aides were careless in the handling of classified information. this comes as republicans find some of clinton's former staff members were actually granted immunity deals in exchange for their cooperation in the fbi probe. kristen fisher joins us now live to pick up the story from washington with the rest. hey there. >> hey, julie. well, just days before the first debate, another document dump and this time, several of the key witnesses in this case and they include more ammunition that donald trump may try to use to bolster his belief that clinton exhibited extreme carelessness with classified information while she was secretary of state. for instance, in one interview, clinton's former assistant said that she had to receive security counseling after a classified document was left behind in a russian hotel room. quote, d.s., that's short for

diplomatic security, found a classified document from the briefing book in the suite during a sweep following clinton and thanly departure. we also learned that clinton's former chief of staff, cheryl mills, and two other staff members, had been granted partial immunity in exchange for they cooperation with the fbi. the republican chair of the house oversight committee called the news stunning. >> i'm just so disappointed in the fbi. this is not a real investigation if you're handing out immunity agreements like candy. >> the clinton campaign is suggesting that house republicans leaked news of these immunity deals to coincide with monday's debate. quote, house republicans are trying to make something out of nothing but rummaging through the files of a justice department investigation that was closed months ago and without any charges whatsoever, and leaking selective details three days before the first presidential debate. now, congressman jason countered

by saying they'd been requesting those documents for weeks but the fbi only provided them yesterday. >> thank you. reporting live from washington. eric? the russian backed syrian military intensifying, air strikes in aleppo. this is syrian troops reportedly have captured a rebel held area on the edge of that ancient city today. take a look at this video, a 5-year-old girl being pulled from the rubble of a collapsed building of an air strike. her parents, three sisters and a brother, we were told, were all killed in this attack, such heartbreaking, chilling, disturbing scenes reminiscent of that little boy who was covered in dust at the ambulance prompting calls for the world leaders to do something more to stop this humanitarian catastrophe that has so far claimed upwards of half a million lives. john is live with the very latest tonight from our middle east bureau. hi, john. >> reporter: yeah, well, eric, we continue to see images like that because russian and syrian regime air strikes continue to

pound rebel held eastern parts of aleppo. in fact, an estimated 200 since friday, since yesterday, and to make matters worse, eric, now nearly 2 million people are without water as if the humanitarian crisis isn't bad already, and that's because one of those air strikes damaged the main pumping station in eastern aleppo on friday and then in retaliation, another nearby pumping station that supplies the rest of the city was shut off. it's unclear by whom. possibly rebel forces. that's not confirmed, but unicef leaders say that this could be catastrophic with people now having to use contaminated water and then of course the threat of water borne disease continues to rise. now, the air strikes have intensified since the collapse, as we know, of the cease-fire monday an estimated 100 people have been killed since friday. that number could go up because people continue to be pulled from the rubble, men, women, and

children. and syria's government says the air strikes will continue as regime forces gear up to launch an offensive on rebel position in eastern aleppo, government forces and opposition fighters are currently locked in battle for control of northeast aleppo. the syrian government forces said they had control but the rebels launched a counterattack, so that battle continues as we speak. now, the cease-fire started to unravel last weekend when the u.s. coalition mistakenly accidentally bombed a syrian military position, killing 60 syrian soldiers. the military and the pentagon launched an investigation into that and apologized to syria through russia and then on monday, a humanitarian aid convoy was attacked, killing at least two dozen people. the u.s. blamed russia, saying russian su 24 russian jets were over that precise location just before the attack. russia then blamed the united states, saying a predator drone was in the area and that started to a back and forth between

moscow and washington, again, negotiations falling apart. add to that, today, syria's chief opposition negotiator said, eric, that there's, quote, no longer any use for partial truces and then syria deputy prime minister blamed the u.s. for the failed cease-fire and also said that the u.s. deliberately attacked that convoy, as i said, last week, and calling it a cowardly act of aggression, virulent words that certainly don't bode well for any more peace. >> sadly, it goes on and on. thank you. and a fox news alert revisiting our top stories. we've been talking about the shooting in north carolina, which has sparked days of protest, but now, the protesters are getting what they have been protesting about and that is that dash cam video and that body cam video that was, in fact, on the officer at the time of the shooting. we're also awaiting this news conference coming out of the charlotte.

the police department will be speaking there, they will be talking about the shooting as well, giving us the very latest there, so of course stay tuned. >> meanwhile, back on the campaign trail, hillary clinton and donald trump, well before their big meeting, they're going to have the big meeting tomorrow, they'll be holding separate sit downs with israeli prime minister benjamin netanyahu. what they will say to him, what he could say to them and how that could affect mideast policy for the u.s. back in a minute. you don't let anything keep you sidelined. that's why you drink ensure. with 9 grams of protein and 26 vitamins and minerals.

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this is a fox news alert. we are awaiting a very important police conference in charlotte issuing a statement on the fatal shooting of keith lamont scott. we also brought you breaking news just moments ago that police will be releasing that dash cam video and that body cam video that protesters have been insisting on seeing. well, they will get their wish.

what will they talk about at this press conference? we will wait and we will find out just minutes from now. stay tuned. eric? great music, and america's election headquarters on your screen, we're back to the campaign. it's only 48 hours to go. we wonder if everyone in america will be tuned in on monday night for the presidential debate. this is of course the final weekend before that first head to head match-up between hillary clinton and donald trump, and right now, workers inside that debate hall, well, they're busy putting the final touches on the debate stage that we will all see on monday night. mrs. clinton reportedly putting in long hours with top advisors while mr. trump, some say he's going to be relying on instinct, while others say he's been pouring over briefing books and talking with advisors. what can we expect on monday night? allen combs is here, and brad

blakeman. professor, public policy and politics at international affairs at georgetown, university. allen, the first goal or the major goal for both of them, probably, is to appear presidential. how do you think donald trump is going to do? >> the thing with donald trump, it's all about lowered expectations. if he can stand up there for two hours, not call a woman a dog or a pig, and horns don't grow out of his head, he's exceeded expectations. that's the problem. everybody thinks hillary clinton's going to win, she knows policy. the other thing is, we keep hearing which donald trump's going to show up, good donald trump or bad donald trump, the donald trump that belongs at the kiddy table or the one that belongs at the kind of event this, you know, that this is an honorable event. so, the fact that you even have to ask that question about which donald trump will show up shows his ineligibility to really be worthy of this stage. >> brad, what about what allen says and those horns. if they don't sprout out there,

then what? he's okay? >> i think donald trump's going to do just fine, and hillary isn't boning up. she's resting up for this debate. there's no doubt that people are going to be looking at hillary to determine not only is she able to be president with policy but is she able to be president in health. she's had serious health concerns in the last couple weeks and i think that's where people are going to be looking at but we don't have to worry about donald trump. donald trump hasn't disappointed. he knocked out 16 other contenders and contentious primaries, more debates than hillary has ever been in. this is not going to be scripted. this is free wheeling, something that hillary is not familiar with, nor does she care for, so i think this is going to be the thrower at hoff extra. it's a 15-minute, six-round match where you have to go the full distance. and i think that this is going to be something where the american people can see the ultimate contrast between the ultimate insider versus the ultimate outsider. >> what about that?

90 minutes, and he's had a lot of people on the stage before. now it's just one on one. >> well, he hasn't done one on one debates, she has. so you know, this thing about her health, can she hold up for 90 minutes, this is a woman who sat before congress for 11 hours and answered tough questions. now we're going to hear all kinds of conspiracies, it's a body double, she has an ear piece, maybe she's got someone who steps in in the middle of the debate as a body double. she'll be fine. you know, i think this is the goal of the right, to lower her expectations so that helps trump. >> and what about the optics of it? back in 2000, remember when rick was running as the republican against mrs. clinton. the debate was up in buffalo. i was there and i remember when rick walked across the stage to hand mrs. clinton at her podium, there it is, a piece of paper. when you're in the room, it didn't look very -- it looked innocuous and he was trying to make a point but on television, there was a fire storm that he was getting in her space. so, brad, who does donald trump

have to do on monday night to try and prevent the same thing that happened to rick? >> go after hillary on her record. the truth is what donald trump has to get to and if lester holt allows it, trump will prosecute the case against hillary. she has to do a lot of explaining and donald trump can be the person that can really stick et to her, something the press has refused to do. and make her answer the questions. >> the subject of this is national security, you know, donald trump's going to bring up libya and isis and brad he's going to probably bring up these points fairly strongly. >> if donald trump has to get to the truth, we know it's going to be a very long trip, which he may not be able to make in an hour and a half because facts and truth are not something with which he is familiar. a lot of the things the media hants focused on, trump university, foundation, he uses other people's money to pay his debts and charity, what kind of

character is this person. republicans for years have said character counts. this is something that she can really hit him on because that's where he is very vulnerable. >> and brad, that's a good point because national security deals with allegations of being pro-putin and praising putin and other people in this company. how does he deal with that? >> i think what donald trump does is he talks the way things are, and that's what people like. i think what republicans and democrats are fed up with is politics who talk around subjects and not get to the point. the good thing about donald trump is, you never leave a meeting saying, i wont what the guy thought. the american people are going to understand where donald trump is coming from. and by the way, allen talks about the foundation of donald trump, what about the foundation of the clintons? they used their official capacity for pay to play. >> no evidence of that. >> you want to know -- >> there's no evidence of pay to play. >> stop saying that. there's enough circumstantial evidence to believe that there were crimes committed by the clinton foundation and the official capacity -- >> well, we actually know that

donald trump may have broken tax laws. he actually may be more vulnerable, legally, than ig hillary clinton has done. >> he has no current -- >> there's a preview of the debate right here. >> we'll do a predebate. >> pre-debate. still going to watch it, though, right here on the fox news channel. of course everyone will be. brad and allen, thank you so much of course for weighing in as always. julie? a fox news alert, we are moments away from a police press conference in charlotte, north carolina, so will they answer protesters' demands and release that dash cam footage of the shooting? also, the body cam footage that they are insisting on watching and seeing of the death of keith scott. we'll have more answers right after this. there's something out there. that can be serious, even fatal to infants. it's whooping cough, and people can spread it without knowing it. understand the danger your new grandchild faces. talk to your doctor or pharmacist about a whooping cough vaccination today.

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there's a fox news alert, the police news conference in charlotte underway. we expect that authorities will be releasing those dashboard and police tapes of the shooting of keith lamont scott. let's listen in. >> as many questions as we could possibly facilitate and do our best to get those questions answered so without further delay, chief. >> good afternoon. first of all, my thoughts and prayers go out to the scott family and the family of all of our officers who have been impacted. these are tough times for our city, but we're going to get through it. throughout the entire process, and that's really what i'm talking about is the sequence of events that got us here, the process that led us to being able to release additional evidence and video footage that will explain what i believe are the absolute facts, which have not changed.

my authority has been throughout the whole investigative process to maintain the integrity of the investigation, because that's essential. that's essential in a fact-finding process that leads you to the truth. i've stated throughout the process that i was unwilling to deviate from that stance. well, today, after having a conversation with the state bureau of investigation, the lead agency in the investigation at this point, i have decided that we are at a stage where i can release additional information without adversely impacting their investigation. so, now, it is appropriate to release this information. doing so prior to this point would have had a negative impact on the integrity of the investigation that they were conducting, independent of cmpd. what i'll let you know is, we

were starting our investigation, obviously, tuesday, after the incident, and then thursday, were in a position where, you know, two days later, we had a lot of facts and were ready to present those facts. i am the custodian of that information, and could release them at that point. however, during the course of those two days, the family requested to the district attorney's office that we have an independent investigation, that being the state bureau of investigations. after that has been -- had been made known to me, we transitioned our files, our documents, all evidence over to them to conduct their independent investigation. as i said before, cmpd remains the custodial, the functional custodian of the evidence. therefore, i do have the authority to release. and now that it won't impact the

investigation, we're going to do just that. it is also my understanding that the release at this point is appropriate not to taint the fact-finding mission that the fbi has been conducting over the last two days. i believe it's in the community's best interest, obviously, i felt that way thursday, and i definitely feel that way today. what we're releasing are the objective facts. what we're giving you is the most complete puzzle that we can without trying the case out in public. and i committed to you -- to everybody that i would not do that. and i'm going to do that as well. i'm going to stick to it. and it's a complex case. all of them are. it's an officer-involved shooting. it's a tragic loss of life. and what i can tell you is there's no single piece of

evidence that proves all the complexities involved in this investigative process relative to this case. as i said, it's a tragic -- it's tragic incident. we as a community have some work to do. i know there's some distrust. we've been working on that diligently for quite a while sly, we have more work to be done. in the spirit of transparency, you're going to get everything that we can deliver, facts, footage, and an explanation of where we stand today relative to the investigation. at this point, i'll take your questions. >> go ahead and raise their hands so we can keep some type of order. >> chief, can you say clearly so that no one has any questions, are you planning on releasing these two police videos that we know? the governor had said that you decided to do so. we just needed additional information.

>> indeed i have, and indeed i will. the body cam footage, body worn camera footage and the dash cam footage. >> sir, associated press, why are there only two bits of video when there were several officers on the scene? >> sure. these are the specific -- this is the specific footage that gives you, from a visual, of what transpired. there's a lot of footage that would be showing you people, things, traveling toward the scene but nothing relative to the incident. and other thing is there will be more footage that will be released once the investigation is complete and there's been a definitive decision on the part of the prosecutor. that's when everything else can be released for viewing and consumption. >> chief, you mentioned additional evidence. anything other than the videos you're releasing, and can you tell us anything else about -- >> sure. we're releasing physical evidence. we're talking about dna evidence. we're talking specific to a lot

of the -- we all know there's a lot of stuff floating out there about what has happened, what was not on scene, was it a book, is there a gun, we're releasing evidence that we believe, based on our fact-finding mission, that it will give you indisputable evidence that the facts we started with are the facts that remain today based on two independent investigations up until this point. >> chief, people are asking why the detective that shot had on a body camera -- >> absolutely. all of that is under review. our tactical units don't all have body worn cameras at this point. we have -- we have an ongoing process to outfit all of our officers so that when they're on duty or off duty, they will have body cams and a part of that is all units, all functional units, and even our tactical units moving forward. we're working through that. we tried to be intentional,

because it is me. my concern is showing tactics and locations of officers who were doing a lot of the high risk encounters, but the counter to that is why we're here today. unfortunately, i have to do everything i can to protect our people, even if it doesn't do it. >> chief, you alluded to this during your comments but i wanted to be exactly clear. yesterday, you seemed to suggest there might be a while before this might be released. what exactly changed? >> what exactly changed is what i need is confirmation that when i release what i'm going to release, there is no adverse impact on the state bureau of investigation's investigation. and i have that assurance now. i did not have that assurance. >> just a quick follow-up. does that mean that the state bureau of investigation signed off on it once you spoke with them yesterday?

they were okay with this? >> i'm sorry? >> they were okay with this, that they signed off on it? >> they have given me the assurance that it would not adversely impact their investigation. as far as signed off on, i am the custodian and i'm going to release as soon as i can. all i needed to know is will it impact the integrity of the investigation. they said no. so we're here today giving you everything that we can distribute at this point. >> chief, you've seen the video, obviously. are you concerned of putting this video out in the public, what the reaction will be, now that people can make their own decision. >> i stand by the truth. people can interpret anything they want based on what piece of evidence -- and i can tell you, i suspect they will, based on the video footage. but what i say is, you have to put all pieces together. we interviewed a lot of people. we've interviewed all of our officers involved and the consistent theme was the facts, and that's what i stand by. >> and those facts, you think your officers did the right

thing? they followed protocol? >> what i can tell you is, if laws were violated, i would be taking different actions. i won't get into policy because that's another parallel investigation. >> we've seen hundreds of protesters taking to the streets over the last few days. did their protest, their message, calling for the release of this video, impact this decision at all? >> what impacted this decision is the information i've been getting from this community all along. as soon as you appropriately can, release the video. and that's what i was going to do anyway. our policy is when we can release information that won't be detrimental to the investigation itself, we release. and what i can tell you too is i just want to remind people, we're four days after the incident. we're talking about two independent investigations, and they take time. i'm going to -- i'm going to insist we do it right, not fast. >> so, did this have anything to do with keith scott's wife's video coming out yesterday?

that cell phone video. >> ma'am, listen, our practice and our public policy to release as soon as we can. what is out there, i can't control, nor am i concerned about. i'm standing behind the facts, and today, because it won't impact the second investigation that is being conducted nor ours, i'm releasing it because it's appropriate to do so. there are no other factors that influenced that. there's a lot of information out there, but the only pressure i had is to make sure our people get it when i can give et to them in a way that i can maintain the integrity of what i'm charged with doing. >> when can we expect to see the tapes? >> the link to the footage -- i say tapes too, but i think we've progressed a little bit. the footage will be in a web link to you and that should be coming out very, very soon, i would say within the next half hour. >> chief, earlier, you said transparency is in the eyes of the beholder. is it your expectation that the release of this footage will calm the city of charlotte? >> well, i can tell you this.

there's some people, regardless of what they see -- and here's the thing. everybody goes back to the footage. the footage itself will not create in anyone's mind absolute certainty as to what this case represents and what the outcome should be. the footage only supports all of the other information, physical evidence, the statements from witnesses and officers, and all of the other information, scientific and physical, that creates an entire picture. so, the video footage is insufficient. i've been very clear. >> just remind us how this all began. was this initially a case of mistaken identity? >> no, sir. but all of that will be laid out too. what i can say is there was a compelling reason for them to make this encounter. it was beyond a possession of a gun. it was because of criminal activity that heightened their level of awareness and they had to -- things were focused on the priority of taking a wanted suspect off the street to encountering mr. scott.

>> so you're saying mr. scott definitely did have a gun, and are any officers being charged? >> officers are absolutely not being charged by me at this point. but again, there's another investigation ongoing, and yes, based on the totality of what we see, he absolutely was in possession of a handgun. >> chief, when the other video was released yesterday, there was a lot of conversation about you couldn't see the gun on the pavement. was the gun underneath mr. scott? was it underneath the foot of one of the other officers? will we be able to see that? >> i respect that question. i'm not trying to case here. you have to make your own judgments, and i got -- the process is not done, and i'm not going to try the case. >> are you going to be giving us the statements of some of the officers? . >> no, ma'am. i'm going the give you a layout of sequential of what happened, because that, again, is presentation for if this case were to go to court. that's when all of that becomes discoverable. no, ma'am. >> chief, the city attorney's

office told us that officers were not in the process of trying to arrest or detain mr. scott at the time that he was shot. so, what then would you say the officers were doing -- >> repeat that, please. >> the city attorney's office, thursday afternoon, told us, wb tv, that officers were not trying to arrest or detain mr. scott at the time that he was shot by police. what, then, were officers doing when they approached his vehicle and asked him to get out of the car? >> i'll have to let you see the facts because i can tell you they were intentionally detaining mr. scott. that is how we got there. >> so why did the city attorney's office tell us otherwise? >> i'd have to defer that duo them. >> so, you're -- they were trying to detain him at that time? >> that is the only way you can actually arrest somebody, so absolutely, sir. i don't know what their interpretation is. i can't speak for them. i don't have a law degree, but they'll have to address those concerns relative to what they said.

>> chief, how much video was recorded during the incident and how much will we see today? >> you will not see all that was recorded today. you will see what is pertinent, specifically, where it starts, where it ends up with the end of the shooting, to be quite frank. >> do you have about a time frame, what that -- >> i do not, because it's two different videos. we're releasing everything through that point. and the reason we're doing that is the rest of it is, again, going to be coming out as a process in, not during the investigation. >> chief, sources talked about the dna. was mr. scott's dna recovered on the firearm? i'll ask you again. was it lawful for him to possess a firearm? >> it was not lawful given the circumstances, but what i can tell you is the reason i say that is -- what i'll say is there is a crime that he had committed that caused the encounter, and then the gun exacerbated that situation.

and i -- you'll see -- go ahead. >> so, previous to the incident, was it lawful for him to possess that weapon? or would you say during the incident it became unlawful? >> here's what i'll tell you. and i'm trying to be transparent. the reason for the encounter is because laws were broken and the possession of a weapon with that law violation caused the officers to escalate their attention on to him. they were specifically looking for somebody. that's why they were there. and to be quite honest with you, what i'm going to tell you is there's marijuana there that they weren't focused on and they saw him with it until a gun was produced. and you'll see all that. i don't want to get into it. i want you to read it for yourself so you can see specifically why i say the facts are the facts and they will not change. >> chief, it's unfortunate whether we see the video or not, people have made up their minds. it's pretty split. i want you to address the sentiment that these two key narratives, one from the scott family, one from the police, he

didn't have a gun, he had a book, he had a gun, what's it like to put out facts as a police chief and have people still not believe what the police are saying here in the city of charlotte? >> it's like -- it depends. because i can tell you, the vast majority of people i'm hearing about want this day to get there just as badly as i do. they want to see the factual, objective facts, and that's what we're presenting. so, it's -- it's disappointing and it's a little frustrating that you can't release more, but i'm not going to sacrifice the integrity of the investigation because i'm not -- but how does that feel? it's disappointing but it's part of what we do. a lot of what these officers who put their lives on the line every day have to deal with is there's some people who won't appreciate it, regardless of whether or not they're doing what they should be or not. >> and the family and the family's attorney continue to say that he was unarmed. we spoke to a coalition of

clergy today that say they saw a black glove, not a gun. >> the facts speak for themselves. >> chief, a second ago you said that mr. scott produced a firearm. did he make any motion to point that gun at the officers, and can we see that in the video? >> i've already talked about. that there is no definitive visual evidence that he had a gun in his hand. you can see something in the hand and that he pointed it at an officer. that, i did not visually see in the video. but what we do see is compelling evidence that when you put all the pieces together, support that. >> chief, you indicated that you're going to release a portion of the video and that the rest of the videos will be released later but on october 1, the law changes here, and you won't be allowed, by law, to release the video. so is it accurate -- >> you're right. i misspoke. what can happen after october 1, and i'm sure nobody in this room would do it, but they can go to

court in front of a judge and request. that would be the process. but the other side is, if i want to release it, so can i. but right now, let's i want to can i. but again, right now let's deal with where we are now. and by october 1stky tell you we'll be in a much better place to address that question than we are today. but the intent is when i'm done the investigation and they make the determination, my intent is to give up everything legally they and be --. >> in other words you're the custodian of the video. >> yes. >> will you remain the custodian of the video? >> yeah.

>> you said he shouldn't have had the weapon. is that because he was a convicted felon? >> listen, i'm not going to try this case today. but there are reasons he -- there are reasons our officers acted appropriately in seeing what he was doing, breaking the law and having that weapon. that's what i'm saying. >> are you saying he was legally prohibited from having the weapon? >> that is not what i'm saying. >> what crime did he commit? >> would have been which is possessing marijuana. but when you are in possession of marijuana and then you have a gun that is a public safety issue our officers. >> was the marijuana possession the only thing that draw your officer's attention to mr. scott? >> no. what i said was that was the first thing they saw. but that was not the priority. they were still focused on apprehending the suspect. when they see the weapon and they see the marijuana, they say uh-oh this is a safety issue for us and the public. we need to address this before

we try to serve a warrant. >> so you are saying he was smoking marijuana and was the gun registered this his name? >> i did not say any of that. >> how did they say. >> they were conducting surveillance trying to warrant. i'm sorry. conducti conducting surveillance. trying to serve a warrant. the car is closely parked and they look in the car and they see the marijuana. they don't act and they see the gun and they think they need to. >> -- >> interviewing all available witnesses that would talk to us. i don't know what that specific number is. but we can find out. >> -- shoot to kill? -- and why does this keep happening across the united states. >> the first question is why do we shoot to kill? we don't. we shoot to stop the aggressive

act that justifies our use of lethal force. our shooting is to stop the eminent threat of such act. what happens across the country i can't control. i wish i could have controlled this incident right here at home. >> -- [indiscernible]. look into this. there's going to be reforms. but keeps happening. >> i'm not telling you what's going to change in the country. i'm just telling you the engagement opportunities and what we're doing and what we'll continue to do here to impact the level of trust. the outcomes of shootings, sir, i wish i could control. but i can't. >> the follow up on that. you began by saying your thoughts and prayers over this conflict. >> yes, sir. >> can you assure the seven children and his wife that every effort was made to avoid using lethal force? >> sir, what can i tell you is this. at every encounter people can make a decision, right, to

follow, lawful, loud, verbal commands and prevent some things like that. that is what i can tell you. can i give assurances to anyone of hypotheticals, no. >> [ inaudible ]. >> as i can tell you, they were reacting to what they saw. and they have a duty to do so. so in the encounter they perceive an imminent lethal threat by a handgun and they react to that. that is whatky tell you. >> listen we're going to take two more. >> chief, when officers go to apprehend a suspect, is it protocol to start swarm [inaudible]. >> i'm sorry is this. >> when officers go to apprehend the suspect. when they get there, is it protocol to search surrounding vehicles and other -- >> context is going to matter. in this particular case you see somebody who has marijuana. they say that is not a priority

for suspect they are after. then they see the handgun so then they focus their attention on mr. scott at that point. -- scenarios are going to be hard to really capture in one -- >> did say see the handgun? and how many officers fired shots at him? >> they saw the handgun initially when he was in the vehicle. and we know of only one officer that fired at this point. and again those are details that some of which are still ongoing. >> guys we appreciate you. we're going to get him back to work. just wanted to take care of some housekeeping. reference to the video, accompanying the video are going -- >> that was chief putney of course saying in the next halve hour authorities will release those tapes. he calls them objective facts. the dashboard and police body cam of the shooting of keith lamont scott. the --. authorities -- you just heard

him say the tapes are inconclusive. they don't show mr. scott pointing a gun. and by the way mr. scott was shot by an frsm police officer. for more let's bring in rod wheeler. former d.c. homicide detective. rod duke this is going to satisfy the protesters and lead to answers? >> i hope it does. however i'll tell you that it's been too long. the chief should have actually released that video on friday. the shooting took place on thursday. so the chief should have released that on friday and then he probably would have avoided some of the riot. i think there was going to be some pushback anyway. even with releasing the video tonight there is going to be pushback. some are going to review and think it doesn't show he had a weapon but at the same time the fact of the matter remains he resident leased the video and that is what's important. >> and what about the fact he said it started with marijuana?

that's new. and a gun. >> and that's a good question. i'll tell you why. when he said that, i'm thinking to myself throughout the whole interview, the chief doesn't really need to say a whole lot, to be honest. he needs to just show the video. but it was almost like he was defending the things we're going to be seeing on the video. and that is not what he should be doing. overall the guy had a gun. we talked about this yesterday. i think the decedent had a gun. i think the officers had to use lethal force. >> the protesters will probably jump on that and say wait you're still trying to hide something. >> absolutely. they are. that is exactly what they are going to say eric. they are going to say why not release the whole video. why just bits and pieces of it. and that is why i really wish the chief would just release the whole video and let's put this behind us. long he drags out someone is going to think the police

department is trying to hide something. i don't think they are at all. i i think they need to release the video and let people see it for what is. >> and they should have done this much sooner you think than this. >> i do. i said on friday. the shooting on thursday. i said on friday release the video and i can't help but to think about tulsa when the chief out there released the video. i agree 100%. that is what you have to do in these situations. >> rod it's julie. watching this you know this investigation is undergoing and when police are doing their investigative work, typically they do like too take all of their skpefd keep it close to them before they start releasing information, before charges, before a trial. what and how could this video in fact hurt their case. i believe they want to be forth right but could it hurt their case sf. >> well, you know, julie that is an excellent yes question. a lot of people want to know the answer to the same thing. i don't know all the facts and circumstances as the police officers doing the investigating. all i can tell you is from my

perspective -- and let me tell you've investigated police shootings before so i'm kind of familiar with how it goes. i can tell you that i don't see a reason why they should not release the video. they should have released the video initially anyway. and if they wanted to keep the protesters down but the chief decided to do it today and i think that is a good thing. and hopefully he'll release the whole video because like eric just said a minute ago, if he doesn't release the entire video there are going to be people that are going to slam him on why not release the whole thing. >> and that is the problem here. because one, they waited. if they are beginning to wait and if the protests could have been prevented? who knows. what if after the video is released. assuming you are going to release the video release all of it or nothing. but how might this effect the protesters. in north carolina they want them to end. this is going to potentially do that. do you think yes or no? >> no. i don't. he has to release the entire

video. once he release the entire video i think people will at least get the opportunity to see it. good or bad, right or wrong julie. but if he releases bits and pieces it is not going work. >> that video coming up within the next half hour. >> and i'll see you on the fox report at 7. picture . >> this is a fox news alert. breaking news out of charlotte regarding the shooting death of keith lamont scott. >> today after having a conversation with the state bureau of investigations the lead agency in the investigation at this point, i have decided that we're at a stage where i can release additional information. without adversely impacting their investigation.