to appeal or not to appeal? i guess that's the question. good afternoon. i'm krystal ball. right now all america is talking about is the tom brady deflate game four game suspension. so as we came on the air yesterday, i reported this in real time. the clock is ticking on patriots quarterback tom brady's possible suspension for his role in deflategate deflategate. if you listen to sports talk radio outside of new england, it's not a question of if, it's just when. well, the clock did strike midnight for brady and the patriots when the nfl announced its ruling. tom brady is suspended four games without pay. patriots organization fined $1 million along with also

forfeiting their first round draft pick in 2016. and their fourth round pick in 2017. all of that for violations of the nfl policy on integrity of the game and enforcement of competitive rules. where you you stand on this pretty much depends on where you live. most of america supports punish punishing brady and patriots while in new england they thinks's ridiculous that it's two games more than the ray rice suspension that he got itfor punching his then fiance and also more than they get for drug abuse. steve kornacki is back outside of the patriots home field gentleman gillette stadium. is it today patriots nation versus the world? >> reporter: a lot of fans feel it's been that way for about eight years now thinking the worst of help going back to spygate in 2007. but in terms of what is going on

right now we have news just in the last few minutes and that is that ted wells, the attorney who was hired by the nfl to do in a investigation that was completed last week, that led to the punishment, ted well just held a conference call and he hit back very hard at the patriots very hard at tom brady to put in perspective, let's set it up with what the patriots said yesterday when these punishments came down. first you had this statement from bob kraft, owner, saying despite our conviction that there was no tampering with the footballs, it was our intention patriots organization to accept any discipline levied by the league. today's punishment however far exceeded any reasonable expectation, it was placed on completely circumstantial rather than hard or conclusive evidence. and kraft adding tom brady has our uncon al support. and don yee, the agent, said the discipline is ridiculous.

it was break determined, no fairness in the wells investigation whatsoever. so that is the background. ted wells on this conference call in the last hour a couple highlights from what he said. first of all he pointed to jim mcnally. he's the locker room attendant patriots employee who had access to those footballs before the game potentially and who also in those text messages called himself the deflateor. ted wells pointed to that text message and said that is not circumstantial evidence, that is hard evidence. he said no one can ignore the implications of that text and he chided the pay chided the patriots for not making him available when he found the text. and ted wells saying tom brady was totally cooperative with their investigation except in one key area and that is the text messages digital records from his phone that ted wells said would shine light on that deflator text and on the other

texts that he discovered from patriots employees and ted well saying he offered this deal to tom brady's camp you give me documents responsive to my questions and i will take your word. in other words, you don't have to hand the phone over to me i'll take your word it's from the phone and they still refused. so that is ted wells just in the last hour firing back at the patriots. >> interesting stuff. it does seem a little suspicious that tom brady would not turnover his text messages. steve kornacki, thank you so much. joining us now with more on the fallout from deflategate we have sports columnist jordan schultz and also nfl writer greg bedar. thanks for being with us. so jordan do you expect tom brady's appeal to be successful? >> i think two is realistic but i don't think it will be

successful. roger goodell is trying to get black to that hammer. and when it happened with ray rice, i think goodell dismattered as a leader. this is like a saving grace for him to say i'm back i'm going it lead you. this will not be tolerated. and since domestic violence is now a six game suspension, so that kind of answers at least quells some concerns people saying why did brady get more than ray rice. but i think the bigger question here is on the bigger theme here, hey, whether or not you believe it was a competitive advantage to deflate the balls is immaterial. what is important is the intent and that's why it's a four game and not a two. >> i trust your opinion on sports. you've followed it pretty much your entire life. do you think the suspension is fair? >> i think egtsit's fair. if anything, i would go further. i think six to eight could be -- >> do you think this has been going on for a while?

>> colts and other folks think this as been going on for a while p. >> yeah, i do. and this didn't just happen in the afc championship game. it's happened before. it's happening in other locker rooms is it not important. the fact that new england has been cheating and i think their history, the reason i say six or eight for brady is that goodell specifically has said that part of the suspension stems from spygate in 2007 and new england's history, patterned history. >> greg, let's bring you in. there is an interesting editorial. the punishment is vindictive and overly harsh for the crime, but the reason the pats are a million dollars poorer today and brady's legacy at the least somewhat tainted is the way the patriots organization handled everything. so this seems to be about more than just you deflated the balls and the in-telling grit difference the game. it's that plus brady being

evasive during the investigation. kraft being defiant saying the patriots would get an apology before it's over. is all that with all this together? >> it is. first point that i'll make personally, i think it's ridiculous that they held spygate against the patriots. the report totally exonerates bill bell click who bill belichick who was at fault if spygate. so it's two totally different things to me. but as to what you're saying about it being -- having to do with basically the coverup, you're absolutely correct. i mean i said this last week the patriots were going to get nailed simply for the fact that they did not provide mcnally at the end. because i think the patriots knew exactly -- everybody in the nfl knows what happened in the bounty scandal with the saints. nfl got and you would their

ducks in a row they saved greg williams for last. they said we know you're lie ppgwould their ducks in a row, they saved greg williams for last. they said we know you're lie ppg ppging. he admitted it he rolled over. ted wells was doing the same thing here. he had all the e-mails this time around. he had all the evidence. he was ready to go in front of jim mcfallkcnally. and patriots counsel said that's not going to happen. maybe he will roll on us, but we're not going to take that chance. >> i'm glad greg brought that up. to that point, roger goodell basically in 2008 if you try to circumvent the rules in any capacity whether or not you're gaining a competitive advantage you will pay. and this is why it's four games and not two or not merely a fine. >> so greg let's me ask you something. you take this whole punishment as is.me ask you something. you take this whole punishment as is. do you think it's a determent to other teams acting this way in the future? >> i think there's no question p

and i think really the signal that troy vincent and roger goodell were sending were you better fully cooperate with any investigation that we have. if the investigate tore is asking for an interview with a subject again, you better comply.tore is asking for an interview with a subject again, you better comply. if he asks for your cell phone, you better comply because everything will be dullouble. and that's what the ben alities were. i think if the patriots fully cooperated, everything would have been cut in half. maybe a second round pick half a million dollars. brady was looking at a two game suspension maybe cut to one on an appeal. everything was doubly worse. and the nfl can't let that stand. if they did, then every other investigation, teams would say we're not going to take the chance that we'll get busted. we'll go hide this witness. pe just won't produce him. the nfl could not let that stand. that's why it was so bad in this case. >> coverup at least as bad here as the crime. greg and jordan thank you so much. we have a lot more ahead

including more are on deflategate. we'll look at the pr aspect of all this. what does it mean for brady and the path's image. and plus big political names right here in the cycle oig. ar ari sits down with mike lee who is at the center of a new fight over the patriot act. and abby goes one-on-one with kelly paul, wife of rand paul. and progressives unveil their own agenda pushed by a familiar face. we have sports politics and what is cycling now overseas. all covered as we roll on. ugh... ...heartburn. did someone say burn? try alka seltzer reliefchews. they work just as fast and taste better than tums smoothies assorted fruit. mmm... amazing. yeah, i get that a lot. alka seltzer heartburn reliefchews. enjoy the relief. hey! have an awesome vacation everyone! thank you so much! you're so sweet. yummy! key lime pie at 90 calories. it is so good for not giving in.

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rand paul is back in new york to key senate votes. but first, i had the chance to sit down with the woman who plans to join him in the white house. his wife kelly, paul. we melt over a milk shake for a cycle exclusive. and kelly told me her big concern about her husband's presidential bid is that he'll be mischaracterized to the voters. and some of that stems from his interview with a van in guthrie. kelly says the attacks that he's sexist are in-and he can really inaccurate. >> i think back to the announce the day when there was a lot of critics saying he's harder on women reporters for example. what are you telling him when it feels like the world is coming at you? >> that's a perfect example for

me. all you have for do is look at any interviews that rand has and if you want to make a criticism of him that he's not smooth or he's an bankruptcy or he gets frustrated, fine that's legitimate. but don't say somehow this massage any or something against women. you can look at interviews with men, i can give you several examplesany or something against women. you can look at interviews with men, i can give you several examples that are very similar. so to ascribe this when the map i've been married to for 25 years had a long time surgical partner who was a woman. i would say with rand, he's a person would values what someone brings to the table in terms of their intake length, their character, their abilities, their skills. no one values that more than rand oig. he doesn't judge people on their gender or anything else. one thing that rand and i have always said to each other, don't get too thrilled over the good things that people say about you, don't take that to heart too much. or the bad.

because you're going for hear both all the time. >> a lot more of my interview posted right now on nbcnews.com. the link is also up on our facebook page as well. >> great stuff there. two big stories playing out on capitol hill. first the senate just blocked a chance to fast track the president's signature trade agenda, a major setback for the upcoming transpacific partnership with 11 nations. but the unsuccessful vote is this line for the new 13 point progressive agenda being laid out debris senator elizabeth warren and new york city mayor bill deblaze blasio. among their 13 points is opposition to what progressives call unfair trade deals like the one the senate just blocked. >> over and over american workers have taken the brunt of

bad trade deals. >> this donecountry does not have to choose between the success of its working families and the growth of this economy. >> we have a moment we have to grasp if we're going to save the very concept of the american middle class. >> msnbc political reporter alex seitz-wald is on the hill for us. alex, tell us what are these 13 blanks in the contract with america. >> this is a lot of the issues that we've been hearing from the new populous agenda since de blasio was elected in 2013. we're talking about income inequality raising minimum wage expanding education, and really trying to recreate the american middle class which has fallen so much in recent years. and also addressing income inequality, going after people at the top. and this trade deal is definitely a key part of it and the fact that it failed in the

senate, just a procedural vote, but opponents and people out there with de blasio right now are saying that this givens them a momentum that shows they're winning the fight inside the democratic party against barack obama and against others that they see as the more corporate wing. and they are trying to influence hillary clinton to get pler toher to adapt the same points. >> all right. thanks very much. let's bring in dana milbank. for a long time i felt like the conservative agenda is fairly clear to a point where -- sometimes it seems like a litmus test. the progressive agenda some of the things you know what they are, and some things you don't. so to get a clearer progressive agenda on the books is really valuable for the left. do you think? >> i think it is. and i also think coming on this day is particularly important. this is a symbolic victory as

alex was saying. it's possible they will revive this, but i really think what we've seen just in this last hour is a turning point here. this is really the first time the populous wing within the party, the warren wing has really flexed its muscle and won on a big issue, defying the president, defying the republican majority, defying corporate america. this is a pretty big win for them. and i suspect you'll be seeing a lot more of it. it reached critical mass within the party, so that makes the rest of the agenda all the more important because i think the whole notion of sort of the moderate new democrat is now old. >> and it's pretty remarkable here. dems ended up quite united on this vote. you had carper voting for the procedural move. cory booker not voting at all. but everybody else on the democratic side voting in unison which i think is pretty remarkable. let's talk about the politics though, and how they play with the american people.

because i also think it's good politics for democrats to oppose trade deals like this. i used to live in a little town in ohio that had been decimated by globalization. i can tell you people there, you say and a half take, and that is a dirty word. just because another politician is saying this time is going to be different, that doesn't count for a lot with them. >> it clearly doesn't. and the democrats clearly got the message. even voting against basically his open legislation was ron white and the democrat from oregon who was feeling a great deal of heets. and i think what has come out here is it's not the trade deal per se. you can have free trade deal but you have to ploekts the workers who lose their jobs. that's what they do in europe and elsewhere. so you have a and a half take and these other deal, you don't spend enough on worker retraining, on infrastructure and all the other things and american woeshrkers take it on the chin. if president obama had made more

of a push to protect american worker, he'd be getting a very different vote right now. so it's not a trade deal as much as people saying this is enough and it's reached a crisis. >> and senate democrats have hung together to block the procedural procedure that senator mcconnell is taking. harry reedid on the floor saying they will stick together they wanted this package of four votes. all of which goes to trying to have some other side or labor protection if you are going to go toward with these things. so dana what do you think of that reid argument that he was making basically that mitch mcconnell has to work with him if republicans go want ss do want to get action on trade? >> reid is being clever. he's opposed to this as well, but he came up with a way essentially to block it for this procedure all reason. the key here is democrats who are supporting this legislation

figured they need ten democratic votes, a real strong vote out the senate to get it through the house where it faces a much bigger fight. and i think after today when you see it actually go down in a fairly lopsided way, even if they were to revive it in the senate now, it will embolden the opponents in the house and i think you wouldn't want to be betting a lot of money on this trade deal right now. >> clean shaven dana milbank. thank you very much. next money talks and the story everyone is still talking about today. tom brady's deflategate punishment. out of 42 vehicles based on 6 different criteria, why did a panel of 11 automotive experts name the volkswagen golf motor trend's 2015 car of the year? we'll give you four good reasons. the volkswagen golf. starting at $19,295, there's an award-winning golf for everyone.

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tom brady came in to the nfl with an unheralded sixth round draft pick who did not start until the starters got injured. no one saw it coming. a man who built a pristine image as a winner and nice guy. his marriage to super model

gisele only enhances the notion that he's living the dream. he currently endorsements earns him $7 million a year. patriot fans seem more certain than ever that brady is a saint who has been unfarirly judged by a league that lacks a smoking gun. tom's image seems to be going on two directions. foefrg for everything you want to know let's bring in andrew brant, business analyst and former vice president for the green bay packers, and bob dorkman, from baker street advertising. andrew, i think we all have to think differently of tom brady, but we also have to step back if we're going to look at the whole

world of football and think now there are going to be two schools of thought about brady. >> well, i think like you said, people that are in love with brady won't fall out of love with brady on this. and people that are kind of indifferent i guess may have some bit of a stain on this. i think the one thing we have to find out is this story is not over. we'll have an inevitable appeal the appeal deadline is thursday. i would expect to be filed before that. and then we'll get into what did or didn't happen, how much he did or didn't know. so again, they have reparation possible on the legal side coming up. and then on the playing side this is not like a barry pondbonds or lance armstrong where it's done. he has years left to play and at most he'll miss 25% of this year and play for 75%. so he has a lot of image to repair and has a lot of time to do it. again, people will think about this, but it may be in the rearview mirror when we look back. >> so farther endorsements are

sticking by their man. under armour uggs smart water, he's very selective in terms of who he wants to use his branding. different in an paythan peyton manning. so this sort of a wait and see game maybe they will pull the plug at some point? >> they will stick with him. they won't pull the plug over this. i think again advertisers are maybe considering using him may say wait and see. but i don't think tom is even considering anything else right now. he's very selective. he's probably turned down more deals than he accepts. he's faithful to his advertisers and they will be faithful to him. they may go dark for a little bit until this blows over but i do think it will blow over and i think his image will be safe. >> let's talk about the nfl. i happen to notice this article from the "washington post," it

says a lot of people noticed that had tom bradydy got twice as long a suspension as ray rice. what is the status of the nfl brand at this point? >> the nfl is a little bit of a disarray right now. obviously they reverted on the ray rice punishment and made that a lot worse. but still a lot of people are using that as an argument for this and they're saying this is like a matter of gamesmanship that somebody was punished a lot floor for, you know spousal abuse, rapist, concussions. just a lot of bigger issues that the nfl has right now. and i think they have to tread carefully over this. >> andrew, will tom brady make it into the hall of fame? >> i think he will. i mean, i think he's first ballot hall of famer with or without this. this is not the stain i guess in baseball of steroids. this is not something that will linger. again, people will put this as an asterisk to his career but i

don't think we're going there yet. listen this is something where i think -- a comment on this ray rice thing. first of all, it's been resurrect resurrected, it's been a year suspension and ray rice hasn't signed a contract. he may have played his last down before that incident. so now we look at the nfl and this this prve ear error, post rights video era where i believe they're overpunishing. they never want to be accused ever again after what happened last year of underfinishing. so we have all these incidents. and, yes, you could look at this as maybe it will be appealed down from four games to three or two. maybe even the patriots will be appealed down from a million to lessor from a first round pick to a second. but again, the nfl is not going back there in the underpunishing phase. they're in the overpunishing phase right now. >> hopefully they still have that hammer when another gles it tick violence situation arises. thank you so much. next richard engel updates us on the latest aftershock to hit

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then i tried certain dri. it's different. it stops sweat before it starts. add some color to your life with certain dri. breaking news how. more than two months after 19-year-old tony robinson was shot and killed by madison, wisconsin police, the county d.a. is set to announce if they will charge the officer involved. matt kenny shot tony robinson on march 6. the officer was responding to calls that the 19-year-old had assaulted two people and was running in traffic. police say that robinson was unarmed, but attacked officer kenny. we will bring that to you when it happens. and u.s. physicians are saying a u.s. marine helicopter is missing in nepal after providing assistance there in the wake of another massive earthquake. let's head overseas to richard

engel. >> reporter: first of all, a developing story. a u.s. military spokesman says that an american marine helicopter with two nepalese soldiers and six u.s. marines on board has gone missing in nepal. that hamndlers lost communication around 7:00 p.m. local time. it was reportedly on a rescue mission when it suddenly disappeared. attempts are under way right now to establish some sort of communications with that helicopter. and to find out exactly why it went out -- doctor xhunwhy communications were lost. this came after another make quake hit nepal, 7.3 magnitude. it came as the country was still coming to terms trying to get back on its feet after an even bigger earthquake just around two weeks ago. that one a 7.8 magnitude. so for the people of nepal when

they femt the ground shake, they thought this is going to happen again and there was a panic this kathmandu. people ran outside of the building rap out seedn outside for open spaces. not only were they afraid, but after the one two weeks ago, buildings that didn't collapse, a lot of buildings were damaged. the foundations were cracked, wall were cracked. and people if they were in these buildings were frighten that had this latest earthquake would bring those buildings down.that had this latest earthquake would bring those buildings down. luckily the epicenter was nowhere near kathmandu. it was much closer to mt. everest in an area that is very sparsely populated. the epicenter wasn't very far from a town called namche bazaar. we were there just a few days ago. takes

it is a tinyville allege, a series of sherpa villages that indicator to trekkers, to mountaineer, the people who go to not only hike in the himalayas, but also try to make their way to every restest base camp and to reach the summit itself. yak herders sherpas who provide services to the mountaineer, no road what is whatsoever. elevation starts at 10,000 people. so extremely difficult area to launch any kind of search and rescue operation. back at home rand paul and ron wagner are threaten to go filibuster a vote to renew spaying pow are's first granted under the bill after 9/11. powers that a federal appeals court ruled i will will he just

last illegal just last week. it's designed to push a vote on a bill that is an alternative. i just sat down with mike lee to discuss his view of the constitution and his role in the potential paul or rubio administration and why the way the ns after the currently monitors americans is wrong. >> they collect this on you regardless of whether you have any connection with anyone who is suspected of engaging in sort of foreign intelligence gathering activities. and this is wrong. >> patriot act is up for a key vote this month. and you been like manyunlike many republican, senator lee wants to limit what he calls unconstitutional spying. >> we can't ever allow government to be operating completely unfettered. >> lee had a front row seat to debates at a young age. >> felt like church in a foreign language. you had to sit really still be really quiet, and for a 10-year-old, boy, that's not always interesting. >> reporter: he used to tag

alone to the court with his dad, rex lee. 21 years later, lee was back at the court working on a prestigious clerk ship for justice samuel alito, which informed his approach to governing. >> i'm constantly thinking about how things might play out in court. >> reporter: as republicans turn to the courts to stop president obama's agenda, lee's legal credentials have been in demand. rode a tee party wave to a senate upset in 20 10rks the senate's youngest member at just 37 and now pushing the constitution as a limit on federal power. >> it's important to make the constitution relevant to our national political dialogue. the conditionsstitution should play a role in decisions within the political branches. >> reporter: lee sat down to talk about his new book can traces how the court gave congress the power to regulate business. >> there was a big shift that

occurred on april 12 1937 in a case call nlrb versus jones and lofton steel. basically any activity said to affect interstate commerce in a are considerable substantial way is subject to congressional authority. >> so on the specific federal power under commerce, you would like see it go back to about 1936? >> i'm not sure that's possible at this point. you have to start with the government that you have. i think it is important to have some limit on government power. >> reporter: he's in a debate on how far judges should go back to roll back the national regulatory power. lee concedes some of the new deals labor protections should remain on the books. >> you're talking about a lot of the era of the supreme court often called the loughner era

looking at an early 20th century case that said states couldn't limit the number of hours people worked. do you think that case was rightly decided? would you like to go back to that approach? >> no i think lockner is a good example of act itity vichl occurring on the stream court in a supreme court on conservative direction. and it expands one provision of the constitution or another is just as wrong if it's pursued for conservative ends as it is for more liberal ends. >> reporter: crusades have drawn liberal allies. >> government right now is collecting information on your cell phone, anyone you've called, anyone who has called you over the last five year. how long you've talked. and what time you talked. >> this is an that will gus to thewarrants. >> reporter: that view puts lee

at odds with republican leaders who say patriot surveillance is fine as is. >> nothing in this extension has ever ever been found to be unconstitutional. and most of these authorities have never even been challenged in court. >> his legal statement, part of that statement that goes to the legal issues he's correct as far as that statement goes. but listen to what he's saying. none have ever been found to be unlawful. and most of them have never been challenged. until quite recently, the american people weren't aware of this program. so it's not exactly something that could be challenged right away anyway. but secondly, regardless of whether any of these have ever been found to be unlawful, in a doesn't necessarily mean that it's fully consistent with the text and the historical understanding of the constitution. >> reporter: that argument got a boost from a new federal court ruling that the very program lee is fighting can opposed by ward snowden is illegal. lee is optimistic.

>> i think the timing is right. we could win this. we have strong support, we have the committees both the house intelligence committee and also the house judiciary committee have signed off on this. >> reporter: lee says he will continue to fight no matter who is in the white house. >> what do you say to people who criticize part of the conservative movement part of the tea party for seeming to care more about government abuse only when barack obama came into office? sgri >> i understand the concern. i can tell you regardless of who becomes president in 2016 even if it's a republican, this concern for me spts suddenly going to go away. >> reporter: with a career devoted to constitutional advocacy some have suggested lee would be a formidable tea party nominee to the supreme court. >> would you consider an appointment to the supreme court if asked? >> if one of my friends running for president got elected and

asked me to consider that the question is whether i'd consider it the answer is yes. >> and there is more reporting from the interview on our website. next, are some of the laws designed to protect women and minorities actually holding them back? we'll dig into that question. and we're continuing of course to watch madison, which is wednesday and those possible charges against the police officer who fatally shot a 19-year-old. across america people, like basketball hall of famer dominique wilkins, are taking charge

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>> the d.a. set to announce whether charges will be against the officer. let's listen.

>> are we ready? good afternoon. i'm the dade county district attorney. i'd like to thank every for coming today. i'm here to render my decision on the officer-involved shooting which took the life of 19-year-old tony robinson jr. on march 6, 2015. on march 6, 2015 a young man lost his life far are too soon. now, whether we are policing

teaching or parenting, when we use violence to control, we do so as a tremendous cost to the person to our community, and ultimately to our humanity. although tony robinson jr. was over six feet tall he was just past the age of majority. we must remember he was still a young man. i have privately extended my condolences to tony robinson's mother andrea irwin. and i do so now again today. i am so very sorry for your loss.

i am a lifelong resident of dane county, a husband, a father of two intelligent, beautiful, and caring daughters. i am a person of color from a biracial marriage. i am the son of a black woman born in aniston, alabama. who at the age of 17 in 1964 in mississippi became the youngest member of the student non-violent coordinating committee. and participated in the freedom summer. i am the son of a black woman who still worries about my safety from the bias of privilege and violence that accompanies it.

i am a man who understands the pain of unjustified profiling, and i am the first district attorney of color, not only in dane county but in the state of wisconsin. i make note of this because it is through this lens that i approach and accept my leadership responsibilities. those responsibilities involve an oath i took to uphold the constitution in the united states of america and the constitution of the state of wisconsin. in this matter, my role and obligation is to weigh the facts and determine if officer kenny should be criminally charged. i am cognizant of the very real racial disparities and issues that exist in this county. in the past eight weeks, i have met with the following people in

groups. andrea irwin, the mother of tony robinson jr., who wants her son to be seen as a human being. and as her child, who was loved and cared for. high school students who expressed an interest in justice. but are mistrusting of law enforcement and the criminal justice system. many told me they will not pursue careers in law enforcement. when that is precisely where their views and experiences are needed. i have also met with a neighborhood watch group and heard their frustrations. i have met with black leaders in our community. many faith-based. who are asking to be included in reform.

i meet monthly with the dane county police chiefs and i hear their problems with persons of color recruiting for jobs. finally, i serve on the dane county racial justice improvement committee. these are all important voices in our community. these are all people who want the same thing. to feel safe. we must also remember law enforcement represents these same voices and these same people. my decision will not bring tony robinson jr. back. my decision will not end the racial disparities that exist in the justice system. in hourour justice is. my decision is not based on

emotion. rather, this decision is based on the facts as they have been investigated and reported to me. this decision is guided by the rule of law. and the oath i took to uphold the constitution. there is one preliminary determination i am required to make that is whether wisconsin statute 175.47 concerning the review of deaths involving officers has been complied with. the law requires that each law enforcement agency have a written policy regarding investigations of officer involved deaths that involve officers employed by the agency. the policy must require an investigation be conducted by at least two investigators, one who is the lead investigator, and neither whom is employed by the

law enforcement agency. that employs the officer involved in the death. in dane county, there has been a written policy in place for officer-involved incidents. that includes deaths prior to the passage of section 175.47. in this case the city of madison requested the division of criminal investigation, dci, from the department of justice to lead the investigation. the for all officer involved shootings that have occurred since the implementation of dane's policy and the passage of the new law. in this case i conclude there has been compliance with wisconsin statute 175.47.

now as to tony robinson jr. and my decision today. in making this decision, i hold myself to the reasonable doubt standard. in other words, what can be proven beyond a reasonable doubt. to begin, i reviewed the following evidence. the scene on the evening of march 6th. observation of the initial law enforcement response on march 6th. police reports including dcis, wisconsin state patrol and the city of madison police department. medical examiners' reports and autopsy, wisconsin crime lab reports, citizen interviews paramedic, emt, and firefighter

interviews. officer interviews including officer kenny's interview. surveillance footage from the spirit gas station. police squad car video. officer recordings. examination of radio communication and 911 calls. photographs. video of the scene itself. 814 pages of reports and documentation released by the city of madison police department. due to open records requests. a 911 call released by the dane county dispatch center due to an open records request. folt-up interview with one of the residents conducted by the district attorney's office.low-up interview with one of the residents conducted by the district attorney's office. at the conclusion of this review, the question to be answered is whether criminal charges are warranted in the death of tony robinson jr.

i begin with the known undisputed facts. there were three 911 calls prior to the officer's arrival on the scene. the first call came in at 6:28 p.m. from a friend of tony robinson jr. who was a resident of 1125 williamson street number 2. it was reported tony was chasing everybody and is really outrageous right now. the caller and his girlfriend are scared. tony is a light-skinned african-american. he is not wearing a shirt, but has a jacket on that is tan in color. it is not believe tony is armed. tony has jumped in front of a car, but doesn't appear to be hurt. tony is chasing the caller as

they drive off. tony had punched another friend prior to this call but everyone has left as things are really bad. tony is going crazy. he took shrooms or some type of drugs. caller said he couldn't talk to tony, he couldn't get through to him. tony is acting insane right now. and it is scaring the caller. the second call came in at 6:31 p.m. it was reported that a man was attacking pedestrians and had punched the caller in the face. the attacker was light-skinned, not wearing a shirt at this time which description fit that of tony robinson jr. the incident occurred near 11:25 williamson street across from the gas station. the third call came in at 6:32 p.m. it was reported the caller