>> from washington and good evening live pictures of the city of atlanta and protesters have now taken over i 75 and i 85 the major interstates do one of america's largest cities they are upset over the shooting of the 27 -year-old black man by atlanta police officer shot after police and he got in to a fight over night. he grabbed one of the officers tasers and began to run. once he was on the run he turned around with one of the officers tasers in his hand and was shot by atlanta police and kill demonstrations began

overnight at the wendy's where he was parked where he failed a field sobriety test of our protesters have congregated and lit fires alluding wendy's and destroying with riots possibly other businesses nearby there has been tear gas at the scene now we bring in ted williams former washington dc homicide agent and federal agent in the lawyer among the washington police officers union with a lot of experience in cases like this. we talked earlier today thinking about less than 24 hours the police chief of atlanta has resigned and the mayor has said she wants her officers fired that were involved in the shooting and yet still we see these mass protests resulting in highways being shut down and possibly businesses burned.

>> this is a very unfortunate course of events. but, we must try to look at what we know that the officers were called to this wendy's they got there and did a sobriety test and after the sobriety test the gentle man, mr. brooks was able to get a hold of one of the officers tasers and took off running and the officer took off running after him we can see in the video where mr. brooks fired the taser in the direction of the officer and the officer returned fire with his weapon and as a result the mayor of atlanta called for the dismissal of the officer from the force and then conducting the investigation i have to tell

you i would have much preferred they would have put this man on administrative leave pending the outcome of the investigation. >> which is standard in any police shooting typically with any other agency other than the one involved we are watching the fight between those two officers and mr. brooks who failed the field sobriety test and in a couple seconds he will break free from the officers with one taser and keep on running here is the surveillance video from wendy's the jura one - - georgia of your investigation has released just that split-second decision made by these officers when this went down. screen left looking at the protest if you want to call it that.

we have what appears to be the atlanta police department with riot shields on the major interstate and then a group of protesters with cars and the traffic on them in the meantime reports on the ground from a local affiliate fox five says wendy's continues to burn their our protesters possibly eluding a gas station nearby although that is unconfirmed we are just beginning to see that what is going to those officers mines as they confront the protester on the highway? you don't want to escalate obviously with a day like this with tempers where they are but at the same time how do you keep the destruction and rioting from happening in atlanta again cracks we saw what happened a couple weeks ago when things got out of hand. >> this could get out of hand in a hurry and they will have

to swarm those barriers with law enforcement officers and may have to call in the national guard because unfortunately rioting and looting are taking place in the city of atlanta people that are legitimately out there protesting and then you have other individuals that are more or less using this incident for those area businesses. but if you look at this from a legal perspective when can a law enforcement officer is a revolver under these circumstances? the supreme court decision tennessee versus gardner says you can shoot a fleeing felon if he possesses a threat to officers or others. and what we have here unfortunately the officers

having to struggle with this man so he is considered a freeing on - - a fleeing felon. what we can't answer tonight about the force if a person has a taser can use a service revolver? >> there will be so many questions in time as you point out we have it on the air talking about this for six minutes 15 seconds. the decisions made in that surveillance video we are watching on the right and the time brooks breaks free from the officers as well under 15 seconds and the shoot or new no shoe decision it is a

fraction of a second to decide all of the nuance is lost on these protesters with those on twitter who are on the scene are not waiting. is much as you can burn a cinderblock building down and now stopped traffic on this interstate protesters or rioters broke into cnn center a large mall to riot and destroy a number of police vehicles they are now watching these aerial shots where the riot police have formed a picket line and then fox news correspondent who was both in minneapolis now it is home base of atlanta.

and what you're putting together on the ground. >> two things are happening right now southeast atlanta near the wendy's is the real action we have cars backed up for miles because protesters have been blocking a 75 and now a massive police presence on i 75. detaining the protesters without a great deal of iran on - - violence. in the effort to reopen that highway. at the same time a short distance away you have fires going on in and around the wendy's where this took place on friday night. to centers of activity. one a wendy's where a man was shot and killed on friday and that wendy's is on fire.

in second highway which is now gradually taken over by a massive and quick police presence. >> i'm not sure if you can see our air but on screen left we have the aerials of the wendy's that is burning and we have a ground shot of the protesters that have converged. and southwest atlanta eyewear university avenue comes in. as best we can tell no firefighters are on the scene and then to deliver a report so what do you make of politics happening in atlanta right now? the police chief has resigned and i'm unclear why but the two officers as standard procedure on administrative

leave what you think of what's happening in atlanta with the mayor demand these officers be fired before we have anything and those ten seconds of video? >> we are seeing a very quick response by atlanta by the mayor who said there was no justified use of deadly force they are already making a verdict and to get the chief of police to resign so quick action politically and also on the ground with the chief of police to reopen i 75 so many of these protest in the city see violence get out of hand with the delayed response by authorities that is not the case here despite the wendy's being on fire here in atlanta. >> the police certainly seem to be ready for this in a way they weren't when things got

out of hand at cnn center when the cars were vandalized and they had that overwhelming force to regain control of the situation the local affiliate reporters in atlanta was there on the scene talking to her local station we will see if we can dip into her life report. >> i have to say this gas station is right next door to the wendy's and the fire continues to grow. it seems instigators do light up another one but i have to reiterate this does appear to be a different group of people from what we saw earlier today those that had signs mr. brooks family was out here and they themselves ran away from the teargas we saw that happen we saw his sister and

other close friends run away from the teargas and now what we see is a new group of people who are fired up and serious like those we have seen over the past 15 days of protest and we continue to hear shattered glass and lighting bushes and trees on fire at the wendy's it's interesting to hear police are looking at the situation for my 85. i can't help but wonder is that because there are still protesters? i know that just about one hour ago they were encouraging others to leave and go down to change the scene because they felt it wasn't safe so it's interesting to hear there's a large police presence. would tell you if i could better force we are a quarter

of a mile away. but yes to his your original question. yes. >> that was alex miller the fox affiliate they are in atlanta who appears to be across the street from the wendy's that is burning and our correspondent from atlanta said more protests and riots perhaps and anybody in television news is on the phone with us why did you make by alex is reporting people are fired up and furious and she still here is broken glass despite the breakup of that protest on the highway we are

watching on the left side of the screen? it seems to be a recipe for a long and combustible night. >> it could go in that directio direction. with those groups the people peacefully blocking traffic on the highway and then a short distance away smashing windows and lighting things on fire. keep in mind this city was already protesting the death of george floyd for three weeks now. there has already been violence in georgia in atlanta because of george made and now it appears they have their own space and their own backyard so where do the protests go from here? you see an aggressive stance by the mayor to come down hard on the protesters that they disgrace to their city by the violence and alluding where will they go after the latest case? we just see more widespread violence or will there be

quick aggressive response by the police? >> interestingly enough interestingly enough about man shot south of atlanta not by police officers but a lot of accusations that the shooters receive favorable treatment they were white the victim was black now they are charged with murder but the general one - - georgia bureau of investigation plays a central rule where they charged at least two people in a think a third person now they are leading the investigation

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>> a fox news alert watching the deteriorating situation in atlanta georgia ground-level shot of a wendy's have protesters or rioters set fire to because overnight a 27 -year-old black man shot by police sitting in the drive-through and then ran off with a taser he was shot and killed by police during the foot pursuit. on the left side of the screen i 85 i-95 the biggest court or in america in the southern part of atlanta and it appears traffic has just begun to move once again.

thousands of cars were backed up on the highway by the atlanta police department and even possibly the state police to clear the highway protesters using flash bangs and teargas to see the heavily armed swat teams

to clear i 75 and i 85 to keep people moving. from the aerial shot the wendy's is fully engulfed in flames we bring in add friend with us now. as we heard from a reporter on the ground, a furious crowd fired up how do they keep this from turning into another minneapolis or a takeover of malls in the last couple of weeks? >> it is a strategic and tactical challenge. they have their work cut out for them. but what is the most distressing is the reporters covering the acts of vandalism and arson to see them as protesters outraged by justice. there are a lot of people in the streets right now outrage by perceived injustice and are exercising their constitutional rights peacefully and appropriately. but when you get to the arsonist and looters the same you are in charge making those decisions what is the right amount of force to exert to keep those looters from running amok in atlanta tonight? now we see fireworks around the wendy's around the more inviolate things of the past two weeks. what is going through the commands to rent control to escalate the situation.

so they are important to keep clear so that response they have to have the climate safe enough for the fire department so that is significant assets 70 thing they do is an overreaction. they are trying to figure out a way to have a perimeter.

and then to put out the fire. after that it's a very fluid situation and then to be opportunistic and from that perspective to keep the eyes on small groups to direct where they are headed is important in the overnight hours. >> what about the atlanta police allowing things to get way out of hand? even the mayor said they were disgracing their city with their acts of vandalism and criminality. what were those lessons learned when things got out of hand to be applied tonight? >> it's not unusual for a high-quality police department to be caught flat footed with a flareup of violence making plans of reevaluating again and undoubtedly the chief was part of that reevaluation. and was indicated, this was fostering a progressive leader. that is the nature of these events as they play out in real time. it is important with the atlanta police department right now, that they've thoughtfully move their assets around, it would be

great if the fire department came in and kept it from getting worse. >> this fire has been going for 30 minutes. the fire department has not felt safe. a season of situation to go there. one of our local reporters indicate that there were people trying to set additional buyers. we now have ed flynn with us. we appreciate your expert expertise, the wendy's is still on fire, a number of people have continued to gather. they are very upset about a 27-year-old man who was shot after a fight with police, rashard brooks. you can see the images on the left of the screen that chief ed flyn was talking about. they are trying to figure out where the heart or troublemakers are as they talk about this is they're going next. it is 10:28 p.m., in atlanta,

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>> a fox news alert as the violence continues in atlanta, georgia. protesters are what you might call writers have set a wendy's restaurant on fire, the police arrived at the drive-through. they asked him to get out of the car, he failed a field sobriety

test. as they tried to arrest him, there was a scuffle that turned into a fight. rayshard brooks grabbed one of the officers tasers and he ran. as he ran he was shot and killed by atlanta police. there were peaceful protests earlier today, it led to much more violent protesting and writing this evening. we were told by a local reporter that they are fired up and furious in the southern part of atlanta where the protesters have blocked i-85 and i-75, two of the major areas through atlanta. now it appears that they have regained control from the police of the highway. you can see the stopped traffic in at least one direction, thousands of cars are backed up on the highways. we are joined by kevin carroll who is an expert use of force.

as applies to the police and their actions, we also have a former attorney in him as well, we appreciate you joining us, kevin. okay, looking at these pictures right now, we are told that there could be teargas and flash bang grenades. there has been a lot of dispute in terms of what force police are allowed to use and what are otherwise arguably peaceful protesting. people are not trying to go to jail. they they're trying not to take people to jail. so what are the engagements when it comes to less than lethal means? >> thank you for having me on. the situation where the traffic is backed up on the highway, it does present some danger. emergency and police need to get real, people need to get back to

their homes. it is reasonable for the police to use reasonable force to take care of that situation. i think it is distinguishable from controversy two weeks ago when we are talking about clearing people from the park. clearing people who are walking traffic off the roadway, it is a core mission of the highway patrol. and so it is acceptable for the police to do so in a circumstance such as that, i think. >> considerably this could go from destruction too dangerous and deadly. the wendy's is next door to a gas station. a gas station where it is highly combustible where you could have a fire spread and things become awfully dangerous awfully quickly. so is it surprising to you that the police have sort of taken a step back from wendy's, the area off the highway as you watch the marchers go through? >> you are right, it is very dangerous. i'm reluctant to put men and

women on the ground. arson is, as you say, extraordinarily dangerous. the police have arrived to use force to prevent death and serious injury. that includes not only homicide, but also arson. because arson has the potential to kill the occupants of the building, to kill the firefighters, or in this case, potentially they have a gas station that could go up in flames. >> also, they try to keep the firefighters safe as they go into this area to turn off, to extinguish it, forgive me. but clearly there is a reason that the fire department has not showed up there in terms of what the assessment of people on the ground is. we are going to put up the video now, the second, there were seconds before rayshard brooks was shot. and there have been a lot of things happening in the past 24 hours since the shooting.

and they have a mayor that is demanding that he be fired, the investigation has been taken over, and it appears that something like this in these times of decision in a case like this involves a lot more nuance than perhaps what we have saw in the case of george floyd. >> exactly. nobody would defend what happened in the case of george floyd. this morning it was the worst case of police brutality according to "the new york times." so here it looks like a much different situation. the fact is i understand them, he said force, or it that he was unresponsive, he suspected of driving under the influence, he resisted arrest. he stole a police officer's

weapon and then he turned with the weapon and appeared to possibly fire the taser at the officer. one thing that i would add is that these officers carry on their gun belts, i'm not sure that that is the best idea in the world since they look like firearms, but they do look like firearms. so it could be that please officer then fired the fatal shot thought that they were about to be engaged and on fire. so it is the fact of determination. the legal standing is that the police have to have an objectively reasonable belief, an objectively reasonable belief that their life is at risk and that did happen according to this case. >> and they only had mere seconds to make that decision. kevin carroll, he has been in

many cases involving these situations. we continue to watch the crowds growing in atlanta. the wendy's where rayshard brooks was shot is on fire, and the protesters are not letting the fire department get anywhere close to it to put it out. as the fire burns out of control next to a gas station with hundreds of people, perhaps thousands on the street. they're on university avenue and one of the major interstates that goes north and south through atlanta, shut down by protesters on a saturday night, and we will be right back yeah? we can see you on your phone. oh, my bad. you can continue. [ clicking continues ] [ cellphone chimes ] i think she's still on the phone.

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that he had taken, he was shot and killed and in the past 12 hours massive protesting has begun in atlanta and at nightfall those protests have turned decidedly violent. i-85 andi-85 and i-75, the major interstates and atlanta have been shut down, and the wendy's you can see is fully engulfed in flames. it has been burning for more than an hour without even an attempt for the fire department or the police department to come in and clear the protesters away. making it safe for the fire department to come in. bringing in steve harrigan, he has done more coverage possibly than anyone else on these topics, joining us now from atlanta, his hometown. we saw the police clearing the interstate taking a hard line, now the interstate is shut down, at least a number of lanes are after the teargas and the flashbangs, they are allowing the wendy's to burn without

making a move at all. what are your sources talking about in regards to the police overnight here? >> well, with the drama of the wendy's going up in flames now, the fire department would like to try to put out those claims, but they have made it clear that they are simply not able to go in at this point for safety reasons. but let's keep it in perspective right now. right now there is one building on fire. the fire department is there, and they have prevented it from spreading anywhere else. they have determined that no one is inside that building. and while it is a very dramatic picture, there is one holding on fire. there has been a second group of protesters on the highway, on interstate 75. it's partially blocked, some have been detained, some are still blocked, but they are trying to reopen traffic and they have done that so far without violence. but this is a city that has seen violence the past three weeks. since the death of george floyd.

and it could easily be violent again. what we have seen up to now has been a quick response by the city leaders, the police chief is out. the mayor has barred he said that this is not a justified use of deadly force i the police and the georgia bureau of investigation is involved and prosecutors from fulton county were on the scene immediately after the shooting took place. so it is clear that with a the heavy police presence, also with the lawmakers, they are trying to show that fast action is being taken. and so the one building on fire is not going to go further, we held. >> when it comes to the reports of where they were furious and fired up this evening, we have seen the aerial shots zooming in on a number of other buildings, with people now outside of them.

it does not appear as though those businesses are open. it is unclear why these crowds are congregating outside. this has probably been not to leave flowers on the door. one can imagine that things have the potential to get out of hand here in atlanta. steve, the question is this, they are taking a hard line against the protesters, they say they are disgracing the city of atlanta as they burned police cars and tried to break into the cnn center, also taking a heavy hand or however you want to characterize it, how is she viewed in the city? does she have the confidence of the police and the citizens or is it to one side? >> i think she's taking action on both sides. taking action against police, several police officers who pulled an african-american couple out of the car, very quick to punish those police officers and at the same time

she has the violent demonstrators saying that they were not appropriate followers of martin luther king jr., that they disgraced the city, she has been hard on both sides and i think that it has come off as a national figure. her profile has certainly risen in this. but this is an open question now when you see a building on fire. a major highway blocked. and atlanta did see violence in the wake of george floyd. what is going to happen tomorrow night at a bar or a restaurant? is this response going to be enough and fast enough? and temper the anger that we have hardly seen. it is really an open question and there's a lot of people in atlanta, many are angry. and many are afraid. they are just beginning to get their businesses back open, and now this is playing on their television screens. >> steve harrigan, critical local knowledge and local analysis. the fire continues to burn at

the wendy's, we have seen crowds migrate around the city of atlanta in what could be a very long and violent night. we certainly hope that it will not be. but it has the potential here, 10:49 p.m. thank you, steve, we will be right back and now, there's boost mobility... ...with key nutrients to help support... joints, muscles, and bones. try boost mobility, with added collagen. and now she has those same oils scentser chill in the laundry room ahh... new gain with essential oils detergent noticks and fleas?o simplifies protection. see ya! heartworm disease? no way! simparica trio is the first chewable that delivers all this protection. and simparica trio is demonstrated safe for puppies. it's simple: go with simparica trio.

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>> this is a fox news alert. you are looking for live pictures in atlanta, georgia, tonight. a fire has taken over a wendy's there am i a black man was shot friday night into saturday morning. he got into a white with leaves after he took one of their tasers. he was shot as he ran away, pointing the taser at the police officers. a peaceful protest was that much of the area near university and i-85 and i-75. tonight, more violent protesters and rioters have blocked off much of the interstate. steve rogers is part of the notley, new jersey, police department. steve, we appreciate it. the atlanta police department made a tactical decision to not put the fire out at the wendy's. the police say they cannot secure the area, and the fire department is appeal comfortable going in. what do you make of this?

>> the fact of the matter is they don't have the manpower to secure the area to get the fire department and. but let me say a fact. we also saw the video. it might opinion, the police officer did the best he could to a life saved. he grabbed the weapon, he grabbed the taser, and he pointed it at the cops. what did the mayor expect the police officer to do them at what we are seeing in atlanta tonight, and putting that at the lack of the mayor for quickly judging a police officer that probably in his mind was attempting to save his own life. >> we understand the georgia bureau of investigation is looking into the shooting. often time there is an independent agent he who comes in to investigate. we are speaking to steve rogers, part of the joint terrorism task force, and erica resigned this morning. it brings up an important

question. in a time like this, where it is a department look to for use of force to clear a highway or be able to get people there at the wendy's, get the fire department in? >> there is probably someone right now acting, but my recommendation would be to get someone from the state police or from the prosecutor's office, get somebody in there to take command that knows what they are doing. those cops are under fire. and i have to tell you that when politicians stick their noses into things at this mayor did, it is inflaming thing across this country. they need to calm people down, for goodness sakes. >> toe testers and rioters, they were disgracing them a couple of weeks ago. the night is still young in atlanta. steve rogers, stick around with us on the other side of the break. we are bringing back ted williams, to talk about how the

police department is keeping rioting and looting from happening in the next few hours in the next few days in the city. we will be right back. and the loco. ♪ incomparable design makes it beautiful. state of the art technology makes it brilliant. the lexus nx experience the crossover in its most visionary form. experience amazing at your lexus dealer.

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>> "fox news" alert at 11:00 p.m. eastern. we are looking at live pictures from atlanta georgia. full angleton claims. overnight last night police officers confronted someone who was unresponsive and a car in the parking lot about wendy's. there was a fight between the officers and brooks. brooks took one of the officers tasers and ran and turned back towards where the officer have the taser, brooks was shot and killed. peaceful protest today turn to violent protest and clashes with police officers. the wendy's is full angleton claims for t