there were four shots reportedly, two struck acosta sanchez and killed him.oximity was carlson when he fired his shotgun, and where were the injuries, what was the trajectory and what did other people hear. these are fact that is the grand jury has to consider. jenna: brian, just a quick final thought from you, could the police department in any way be liable for this situation because this man had eluded arrest and because they're not on 24/7? >> well, look, you know, you can't expect the police to be everywhere simultaneously, and the reality is we have money problems in this country, surprise. you know? we don't have resources to have law enforcement like we need them. but this is where the liability will be. if the only eyewitness says he didn't see a murder, this might be a case of false arrest, and that's where they maybe liable. jenna: that would be interesting to see if that, indeed, happens. dan and brian, great to have you both. thank you so much. >> thank you. jon: well, the shutdown is over, but the tea party might soon feel some heat over its tac