>> tonight, protesters demanding justice for breonna taylor. clashing with police after a grand jury declines to directly charge any officers in her death. >> this is definitely not justice for black people. >> now behind the grand jury decision, why it chose not to bring murder charges and what's next in the investigation. plus, vice president pence on the hot seat. how the trump administration plans to tackle everything from the supreme court vacancy to a grim covid-19 milestone. >> no other country has suffered as many deaths as we have. as head of the coronavirus task force, how do you explain that? "nightline" starts right now, with juju chang. >> good evening.

thanks for joining us. tonight, fury once again spilling out on the streets of louisville, kentucky, the city where breonna taylor once served as an essential worker and was shot and killed in her own home in the spray of police bullets. for those calling for justice for breonna, the fight is far from over. tonight, a city on edge. >> this is definitely not justice for black people. we are so used to the system not working for us that officers get away with murdering us with impunity. >> a scene so familiar, laced with so much pain. police and protesters swirling louisville, kentucky. as a grand jury finished its investigation, nearly 200 days after the death of breonna taylor. >> when you murder someone you're supposed to be charged with murder. we believe they should have been indicted on murder charges. >> no murder charges were filed,

nor manslaughter charges either. against the officers for taylor's killing. the grand jury did indict hankenson on three counts of wanton endangerment. for gunfire endangering the neighbors. a lot of outrage surrounds this idea that the indictment names neighbors but not breonna taylor or kenneth walker in listing of vick continues of this action. >> yeah. it's heart wrenching to see who the victims are in this case. with this indictment what we're basically saying or louisville's actually saying is that no killing occurred here. >> i think critics might argue that the law protected officers in this case. >> if anything critics would be correct in saying that this criminal justice system as they call it, worked to the benefit

of these officers. the phrase is infamous. you can indict anything, even a ham sandwich, yet you cannot indict a ham sandwich if it's wearing a badge, and that's what happ we're seeing here. >> investigators say sergeant cosgrove fired the shot that killed breonna. >> use of force was justified to protect themselves. this justification bars us from pursuing criminal charges in ms. breonna taylor's death. >> how crucial is it that kenneth walker fired that first shot? >> i think it is absolutely crucial. but for that first shot there would have been no reason for an officer to shoot a single bullet, let alone the dozens that penetrated the apartments. >> the dozens of bullets shattering a quiet night at home for the emt and her boyfriend, kenneth walker. >> she actually dozed off. so i watched the movie myself. >> at the same time, louisville officers are looking for her

ex-boyfriend, jamarcus glover who they think may have been keeping drugs or money in breonna's house. this connection would lead police to her apartment originally with a no-knock warrant, then revised to require police to announce themselves before entering. and at 12:40 a.m., to kenneth and breonna's surprise, a bang at the door. mattingly would tell investigators they did not announce during the first two knocks. >> this will be a recorded statement from john mattingly. >> we were still announcing "police, come to the door, police search warrant." i probably banged on the door six or seven different time periods. >> evidence shows that officers both knocked and announced their presence at the apartment. >> but kenneth walker remembers it differently. >> it was a loud bang at the door. she pops up out of sleep. it scared her to death. me too. first thing she said was who is it?

no response. so we like what the heck. we both get up. another knock at the door. she's look, "who is it", loud at the top of her lungs. no response. >> several witnesses telling abc news they did not hear the police announce themselves that night. you've seen the crime scene photos. you know a lot of the details of what went wrong. what did go down? >> well, i think what you had was you had a huge mistake by both parties, not knowing who they were. not answering the door. now if you have a phone call, call breonna, we're outside, we're coming in. that's what i would have done, to be honest with you. i wouldn't have hit the door. in new york we do a 6:00 entry in the morning. >> the horror playing out in 911 calls. >> 911, operator harris, where's your emergency? >> i don't know what's happening. somebody kicked in the door and shot my girlfriend. >> is she alert and able to talk to you? >> no. bre.

>> in total, six bullets struck ms. taylor. medical evidence obtained by our team indicates that only one shot was fatal. >> the grand jury's findings came as no comfort to breonna's loved ones. attorney benjamin crump tweeting this is outrageous and offensive. last week her family reached a $12 million settlement with the city of louisville. >> it's attempt to avoid a trial and discovery. as that case might have progressed, we might have learned more and more and more about that case that might have been very damaging for any potential criminal trial. >> the louisville police department agreed to make sweeping changes. what changes do you think breonna taylor's case will usher in? >> no no-knock warrants. banned in kentucky and also body

cameras will also be worn as well. >> in the end, you're saying her death will not be in vain. >> i don't think it will be. her name will be ingrained on everyone's consciences. across the country. there's change coming. and there's no change there's change in the criminal justice system in our country. we need to go forward and tap down on these things. >> protests springing up around country in response to today's decision. the city of louisville under a state of emergency. police confirming tonight that officers were shot at during the protests, at least two were hit. both with non-life-threatening injuries. one suspect is in custody. in the heart of the city, at kingdom fellowship church, pastor tim finley and dr. f bruce williams, leaders both in faith and protests here say justice has yet to be served for breonna. >> to have police presence now and have them board up and cage off areas is communicated as if

they expect animals to be out of control, when in fact we are exercising our first amendment rights. >> our community is traumatized. our community continues to deal with these types of injustices. what needs to happen is justice. that's what needs to happen. that's what we need in this community. these are ongoing conversations. >> hard conversations for hard times. and for so many in louisville and across the country, a call for change. >> i tell them what i told them when george floyd was murdered. i tell them what i told them when eric garner was murdered. we constantly deal with the fact that our communities are under attack, are terrorized. this is the same conversation we continue to have year in, year out. and that, that is the unjustice, that is the injustice of all of this. >> and coming up, one on one with vice president mike pence. how he explains this picture of a crowded trump rally in the age of covid-19.

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and now to the wide-ranging sit-down interview with vice president mike pence. pressed on some of the biggest headlines sure to shape this year's election. from the covid-19 death toll to the battle to fill that vacant supreme court seat. here's linsey davis. >> as you well know, yesterday was the grim milestone, marking 200,000 americans passing from covid-19. no other country has suffered as many deaths as we have. we account for 20% of the death toll but 4% of the world population. as head of the coronavirus task force, how do you explain that? >> it's a heartbreaking meal stone, and really, our thoughts are with all of the families that have lost loved ones in the course of this pandemic. but linsey, in all of my time working on the white house coronavirus task force, i'm

convinced because of the actions of the president, the dedication of the health workers and sacrifices american people made that we saved hundreds of thousands of lives that could have been lost in the midst of this pandemic. >> i want to show you a picture. i don't know how well you can see that. this is a picture that president trump tweeted out. you've probably seen it at the rally last night in pennsylvania. thousands of people packed closely together, hardly any social distancing. as, again, head of the coronavirus task force, when your recommendation is for people, americans to stay away from large gatherings, how do you justify scenes like this? >> the recommendations from early on have been state specific. we've given our very best counsel to each individual state and many times to individual communities. because the circumstances are very different from one state to another.

we trusted governors in our states, and most importantly, we've trusted the american people. >> at a press briefing on september 16th, president trump said the blue states had tremendous death rates. if you take the blue states out we're at a level i don't think anybody in the world would be at. taking the factual accuracy out of that, because according to the "washington post," 53% of the deaths have been in blue states, nearly half, 90,000 in red states. do you think it's appropriate for the president at this time to be talking in terms of red states and blue states when he's the president of the united states? >> one of the realities that we saw from early on in our response to the coronavirus pandemic is that it impacted states in areas of the country individually. we first saw in seattle, and then in the greater new york and new jersey area, then new orleans, then detroit. and one of the reasons that i believe we've saved hundreds of

thousands of lives is because at the president's direction we focussed resources, we focussed testing, ppe and supplies on the states that were being most impacted. and after the american people made those sacrifices for 45 days as a nation, we truly did slow the spread. we flattened the curve. but when the sunbelt outbreak happened after memorial day weekend, once again, we focussed the resources. so i think the president's approach here has always been to recognize that the success that we have been able to have to make sure that no american that ever required a ventilator was denied a ventilator. >> sir, now the supreme court, you've said in the past with regard to roe v. wade, that it should be thrown into the ash heap of history where it belongs, if this nominee does get onto the court, can you assure americans roe v. wade will be overturned? >> well, first, this week we

will mourn as a nation a true public servant in the passing of justice ruth bader ginsburg. she led an inspiring life and a tenacious advocate for her judicial philosophy. and we honor her service and mourn her passing. and this saturday, i have every confidence that president trump will introduce to the nation a woman who will bring a judicial philosophy in the tradition of justice antonin scalia, to uphold the constitution, to not legislate from the bench and apply laws as written. >> it's been reported that amy coney barrett is a top contender for the supreme court job. there has been some scrutiny from some about her alleged affiliation with a religious group, people of praise, in indiana. some people have suggested that they have practices that many

americans might find extreme. do you feel that there have any concern that she would be able to potentially keep this covenant with the organization at the same time serve the american people independently and objectively on the supreme court? >> judge barrett is an extraordinary jurist. and she's among a number of women that are currently under consideration by the president of the united states, but i must tell you, the intolerance expressed during her last confirmation hearings about her catholic faith, i really think, was a disservice to the process and a disappointment to millions of americans. >> switching gears now, in a speech yesterday you reiterated something you said during the rnc as well with regard to joe biden. you said joe biden says that america is systemically racist and that law enforcement in america has an implicit bias against minorities. you said it in a manner that sounded like you disagree with

that. is it your belief that a black man in america gets the same treatment as a white man in america by police? >> president trump and i believe the men and women who serve in law enforcement of every race and creed and color are some of the best people in this country. and we reject the notion from joe biden and others that there's an implicit bias toward minorities in law enforcement. >> lastly, in the bible, matthew chapter 12, it says out of the abundance of the heart the mouth speaks. obviously, you'd understand, if you want to determine where someone's heart is you listen to what they say. how do you square that to a president who frequently resorts to name-calling, sleazebag and losers and far worse. >> president trump has a heart for the american people. like no president i've ever known. i see it in the way that he's worked every day to keep the promises to the american people.

when we took office, our military was hollowed out by years of reckless budget cuts. this president kept his word. the men and women of our armed forces, we rebuilt the military, restored the arsenal democracy and passed the largest pay raise in more than ten years and i truly believe that's why you're going to see four more years of president trump in the white house. the people that are rallying around our cause and have supported us every step of the way know with this president, this vice president, there's been promises made and promises kept. >> thank you very much for your time. really appreciate it. >> thank you. >> our thanks to linsey. up next, the solemn tribute for a champion of justice. tribute for a champion of justice. is now a good time for a flare-up? enough, crohn's. for adults with moderate to severe crohn's or ulcerative colitis, stelara® can provide relief, and is the only approved medication to reduce inflammation

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finally tonight, a fond farewell at the supreme court. standing at attention.

very ep ep embodiment of justice ruth bader ginsburg's legacy. more than a hundred of her former law clerks flanking the steps as her casket arrived. among those paying their respects, the president who appointed her to the high court and pint-sized admirers, empowered by the legendary pioneer. it seems fitting that on friday, justice ginsburg will become the first woman to lie in state at the u.s. capitol. that's "nightline." we'll see you right back here tomorrow at the same time. thanks for staying up with us, goodnight, america. tomorrow at the same