i want to go now to walter scott's brother, anthony scott joining us along with the scott family attorney. anthony, first, i want to say how sorry we are for all your family is going through certainly the loss of your brother but seeing it playing out again and again. we're thinking you have as you go through this. i want to ask you if i can about that encounter. as you went down to the scene of the shooting and he told you he had this video. we just heard from him for the first time tonight. describing the moments before the shooting where him saying the police officer in the case had control. he didn't appear to be under threat for your brother. i wonder if he told you the same thing when you spoke with him and what was your reaction to that? >> he said you have to look at this video. he said that your brother showed no resistance at all. >> no resistance. you can see that in the video there. it's good as well to have you there chris stewart. i wonder this video has played such an important part many this case. the police saying there's another video of the shooting dash cam video from

amy: that is walter scott's brother, anthony.t is quite astounding kevin it is quite astounding how brave this filmer was. i will not say "shooter," we often say the person taking the film is a shooter, but the person filling this and staying with it, not only filling him being shot at eight times -- a fairly five shots one pierced his heart. but the officer then handcuffing him as he is spaced down on the ground not clear if he is dying or dead. those away ,-- goes away, soort of trots away, grabbed it appears to be the stun gun, and it appears that he places it next to this dying or dead man who is facedown on the ground, kevin.you know , kevin: if the idea for the police officer that the person shooting the film is invisible and the person he shot was subhuman or an animal, that he would lie and say that the man tried to take his son gun, and you can clearly see him planning this, getting best on gun and drawing it under his body, and in the way that he disrespected a man lying dead on the ground by handcuffing him, and people

i want to bring in anthony and rodney scott, brothers of walter scott, and also the family attorney jordan stuart. how are you doing? anthony, can you hear me? >> we are doing fine, don. >> anthony, i want to know what orange originally happened to your brother? >> i can hear you. >> oh i lost my feed. originally i was told that originally i was told that my brother was in a traffic stop. and that ataser had been used. >> i apologize for the delay to you and the viewers, because it is a long delay, but we are going to continue. and the officer, and you mentioned a taser, and the officer appears to have dropped a object near the body of the brother, and also the police reports say that the officer performed cpr while waiting for the responders, but you don't see it on the tape. what is your reaction after you saw this video for the first time? time? >> when i saw the video for the first time i was deeply hurt that someone would gun down a human being in that way. and we just couldn't believe it. >> you said that you recently saw your brother at a function and he was in good spirits. the onl

let's bring in anthony scott, walter scott's brother.o with him, chris stewart, co-counsel for the scott family. thanks to both of you for being here. anthony, my deepest condolences on your loss and the horrible circumstances surrounding your brother's death. what did police and the city initially tell you and your family about your brother's death before this video emerged? >> they initially told us that there was a struggle for the taser and that my brother was accidentally shot. >> the person -- >> after that struggle. >> the person who -- >> by the police officer. >> yeah. the person who filmed the video brought this video to your family. when was that and what was your reaction and your family's reaction when you saw it? >> i was shown the video on sunday. >> and your reaction to it? >> i didn't bring it to all my family. it was just me. my reaction to it was that we have to get ahold of the video. and that this was key evidence key evidence in this case and we had to get it. we had to get it. the country had to see this. >> were y

. >> joy, you spoke to walter scott's brother anthony who told you about the police confiscating the camera when he took photos of the scene. listen to this. >> i went down there and tried to get some photos and they took my camera. >> who took your camera? >> the north charleston police department. >> have you gotten it back? >> i have. >> are there still photos on it? >> yes, there is. and the tape. >> when they took your phone, why did the officers say they were taking your phone? >> because i took the pictures. >> did they say you didn't have a write to take pictures? >> that's what they told me. >> that's a striking claim, joy. i mean what's your take on that? >> yeah absolutely. so anthony scott and rodney scott arrived separately to the crime scene on the day that their middle brother was shot. both of them described not being treated with compassion by the north charleston police. they described essentially being told to get back behind the tape, they were not given information. when anthony scott you heard speaking identified himself as a brother and began taking pictures fr

and he said -- this is anthony scott, walter scott's brother, he said he never really bought the story as it was told to him originally. he did not think his brother would be one to confront a police officer, so he was sort of skeptical at that point, and he was approached by a man who said he had something to show him, and he pulled him aside and showed him the video that is now infamous. at first the man did not want to go public with the video. he hoped the police would tell the full story themselves. and then walter scott -- excuse me, anthony scott -- stayed in touch with him and he did release the video. that is sort of how he came to secure the video. but i think the interview it was, of course -- he was still shocked by what happened. as you would expect and i think -- he remembered his brother as sort of a good family man. yeah. >> the man who had the video, why was he hesitant to release it? >> well, he told -- anthony scott told me that he was -- that the video -- the man with the video basically was hoping that he -- he didn't want to be thrown in the spotlight. he was conc

joining us now is walter scott's brother, anthony scott, as well as the scott family attorney, chris appreciate you both being with us tonight. i know it has been a very difficult time for both of you. >> yes, it has. >> mr. scott, how are you holding up? how is your family holding up? >> we're not doing very well right now. but we feel a little relieved that the arrest was made and he was charged with murder. and hopefully justice will be carried out. >> mr. scott, can i just ask you to describe what you first saw? i know that you actually arrived at the scene. i'm told your mother called you to say your brother had been tasered in an encounter with the police. can you tell us what happened and what you saw that day? >> well, when i got to the scene, the first thing i saw was the cop -- the police car and my brother's car wrapped in tape, police tape. they secured the area. and i knew something was wrong at that time. and then when i walked up to my nephew, he told me that my brother was gone. and then i proceeded to ask what happened to my brother. i know, because a traffic stop, t

scott's brother, anthony scott. let's listen to this. >> all we wanted was the truth. i don't think that all police officers are bad cops. but there are some bad ones out there. and i don't want to see anyone get shot down the way my brother got shot down. we've all seen the video. if there wasn't a video, would we know the truth or just have gone with what was reported earlier? >> justin bamberg, i was struck tonight by the grace with which these family members are bearing their burden. anthony scott, his brother who we heard speak there, what has been your experience with the family members in the last few days and how they're handling this new information tonight? >> well you know it comes in stages and i think i have seen many different levels of grief. there was the initial grief of losing a loved one, and that's something that's going to be around for a long time. he's not coming back, and they will essentially have to come to grips with that. i think that this makes it easier, because they now know exactly what happened. when word was dropped that the officer wa

. >> anthony scott said his family is in mourning over his brother's death but grateful a witness came forward with the video. >> if there wasn't a video, would we know the truth or would we have just gone with what was reported earlier? but we do know the truth now. >> the family and their attorneys say they are pursuing the right path through the courts and are calling for calm not the violent protests seen in ferguson, missouri and other towns. >> that does nothing whatsoever to help the situation. it only makes it worse. >> reporter: officer slager was denied bail and is awaiting his next court appearance. omar villafranca, cbs news aiken, south carolina. >>> a man killed by florida police will have a video reviewed today. he was shot in february after family called for assistance. he has a history of mental problems. the police gave a dash cam video tom the lawyer of the family. >> this video is a blockbuster. it's a bombshell. >> hall's family has viewed the video of the moments leading up to the shooting. they say it contradicts the police account. they've filed a wrongful death

when i talked to anthony scott he said that he is happy with the way things are going, thus far, but he is skeptical until he hears "guilty as charged." of the other thing to say is you are right, there are not a lot of videos in instances that could be similarly tragic. one of the things police departments are doing as a first step to address the issue is police body cameras. that is something that we saw just this week. the killing of eric harris in oklahoma. this was caught on police body cameras, and the officer was immediately charged. this is something we might see going forward that hopefully will address what we are talking about. host: donna from washington state, hello. caller: the whole police department is responsible or culpable because before the video came out, everything was just as this as usual. when they bounce the facts he said he was fighting for his life. but when you look, the distance from when the bullets hit him does not match the police report, but they did not say anything. that means the police department supported -- and a shooting that police do without

. >> reporter: the victim's brother anthony scott says he doesn't believe all officers are bad cops. >> but there are some bad ones out there. and i don't want to see anyone get shot down the way that my brother got shot down. but we do know the truth now. >> reporter:

anthony scott is the victim's brother. >> if the video had never surfaced, i don't think we would have had the results as soon as as we did with what we have. >> reporter: the video was shot by a local barber. a woman at this local restaurant, who says she used to be his boss, says she watched the video soon after he shot it. she says he told her he was afraid of the police. >> i said, "you know, you don't have to be scared. you know, this is america, you know. they can protect you, you know, by that kind of stuff." >> reporter: slager has been an officer for six years and was with the coast guard before that. he had one prior complaint of unnecessary force with a taser. he was exonerated. more video from a police dash-cam is expected to be released tomorrow. there was also a passenger in scott's car, who may have witnessed what happened. the city's mayor told protesters he doesn't know if other officers at the scene will be disciplined. the police report says they tried to administer cpr but there isinose evidence of that on four minutes of video. scott, there were seven officers on t

one of those who spoke inside poignantly was scott's brother, anthony scott, and he said god selected brother as a candidate for change for america. the other one who spoke was the pastor of the church and he was more direct. he said that walter's death was motivated by racial prejudice. it was he later said an act of overt racism but the theme of the service was talking about change and that change must be the final epitaph, if you will of the death of walter scott. now the burial begins and this will eventually be the end of the day of mourning for him. poppy? >> martin what's the sense you get being in the community? you know you hear the words from the pastor that you just told us about, how does this community come together after something like this? >> reporter: well the community is still watching. you know of course we have not seen violence. there's been protests but no violence here. despite the fact that, of course you're witnessing on that video a shocking and horrific death. i think the reason that so far you have not seen problems is that immediately it was announced you

scott's brother, mr. anthonyd that he has a record of about ten arrest and most of those are for owing back child support. >> and this is the second part of the video that he was running away and you can see slager is looking around afterwards and looking around and look ging around, and what is that telling you, casey? >> he should have tunnel vision on the man he shot. he doesn't know if the man is armed or what. he is looking around to see who saw what i just did. that is not a normal reaction and he should be tunnel visioned looking at the man who, if it is a justified shooting who just threatened his life. >> neil? >> i am amazed how focused he was when he fired the eight rounds. i mean steady in the stance and took aim, and very foecused on mr. scott when he was running away and it is not like a knee jerk reaction and he fired two rounds, and said oh my god. >> it is seeming intentional to you and in control? >> absolutely. >> and you have trained police officers, and everybody said that he has made a bad d

but this could happen to anyone. >> and anthony, your mother, judy scott, told our anderson cooper, thatt forgiveness in her heart for officer slager. do you? >> not at this time. >> that's absolutely understandable. what do you want us to remember about walter scott? >> what do i want the world to remember about walter scott? >> yeah. >> they took away a great man, a great father, a great son, and a great brother. and we can't bring him back, so we want to make sure that this thing doesn't happen to any other family again. >> anthony, once again i'm very sorry for your loss. i appreciate you coming on cnn at this time. thanks to you and your lawyer chris stewart joining us from south carolina. thank you very much. >> powerful words there from walter scott's brother. we're going to take a very short break. still to come, as the u.s. withdraws from afghanistan, people in kabul are being forced to find a new beginning. we'll tell you how their options are limited. g entirely new is being built into bounty. dawn. new bounty with dawn. just rinse and wring, so you can blast right through tou

walter scott's brother anthony scott said he went back to the scene after walter scott was killed by officer michael slager. he was taking photographs come and the police confiscated his camera. the young man santana, who filmed this whole thing, is remarkable. but what are people's right? when do they get arrested? do they have to give up their cameras? >> the courts have been crystal clear on this matter. you have a right under the first amendment of the constitution to take photographs or video of anything in public when you are in public. there have been attempts in some states to pass laws curbing this right. they have been struck down by the courts and the supreme court has refused to review them. so there's no ambiguity about the law. the only problem is, a lot of police officers continue to think that they can go up to you and say, you need to turn at camera off, ma'am. that is not a lawful order or a constitutional order. it it is one that continues to happen all too often. and they certainly don't have the right to look at your camera or sees your phone without a warrant. a

anthony scott said of his brother that he had been especially selected, he said, to be a candidate for change in america. change was a common theme throughout the service. he was mentioned many, many times. towards the end, it was said by the pastor, there's going to be change so that walter's death will not be in vain. and then the service came to an end. the burial was private. this service was open to the public. to the other side now, and that is officer michael slager. his mother and wife were able to visit him in the detention center yesterday. now that this funeral has come to an end, there had been a moratorium on protests today, and many of the public officials said that they weren't going to speak out until after the family had a chance to grieve. that time has come and gone, which means the controversy is likely to start up again. beginning tomorrow. back to you. >> that was our martin savage now. cell phone video was the key to bringing that to the public's attention. and later, we'll show you a new app that could help bystanders record and automatically upload controversia

. >> i'm anthony scott. and from the beginning, when it happened the first day, all we wanted was the truth. and i think through the process we received the truth. we can't get my brother back and my family is in deep mourning for that. but through the process of justice being served -- and i don't think that all police officers are bad cops. but there are some bad ones out there. and i don't want to see anyone get shot down the way that my brother got shot down the way my brother got shot down. we have all seen the video. if there wasn't a video would we know the truth? or would we have just gone with what was reported earlier? but we know the truth now. and i ask that everyone continue to pray for my family, that we get through this because we do need prayer. because prayer changes things. it changes things, and justice will be served. >> first i just want to thank everybody for coming out. right now, what i want to request of you and everyone watching is that you keep this family in your prayers. what is

. >> i am anthony scott. from the beginning, when it happened the first day, all we wanted was the truth. i think through the process, we have sought the truth. and we can't get my brother back and the family is in deep mourning. for the process, justice has been served. i do not think all police officers are back on it. there are some bad ones out there. and i don't want to see anyone get shot down the way my brother was shot. we have all seen the video. if there wasn't a video. would we know the truth or would we have gone with the report earlier. we do know the truth now. and i just ask that everyone just continue to pray for my family, that we get through this, because we do need prayer. because prayer changes things. it changes things and justice will be served. >> first i just want to thank everyone for coming out. i'll be brief. right now what i want to request of you is that you keep this family in your thoughts and prayers. we'll be with them every step of the way. what is done in the dark typically

. >>> the brother of walter scott, anthony scott, joins us from outside the family home in charleston, south carolina. you see him on the right of the screen. in the center now is chris stewart, attorney representing the family in what are very difficult days. welcome to you both. anthony, i'm very sorry for your loss. i appreciate you joining us on cnn today. before the important video emerged, what did police tell you about what happened, and was there any question about the sequence of events initially? >> yes, there was. initial i they told me my brother of stopped for a traffic, broken taillight on his car. and then once they said he was stopped for a broken taillight, they said he proceeded to run out of the car after the officer ran his license. they said that in the pursuit of him, he was there for a taser. they said he took control of the taser. and i heard he was tasered more than one time. i thought that he was okay. but by the time i got to the actual site, my nephew told me he was gone. i said, how is he gone? they said he tried to take the officer's taser away from him.

when i talked to anthony scott he said that he is happy with the way things are going, thus far, butal until he hears "guilty as charged." of the other thing to say is you are right, there are not a lot of videos in instances that could be similarly tragic. one of the things police departments are doing as a first step to address the issue is police body cameras. that is something that we saw just this week. the killing of eric harris in oklahoma. this was caught on police body cameras, and the officer was immediately charged. this is something we might see going forward that hopefully will address what we are talking about. host: donna from washington state, hello. caller: the whole police department is responsible or culpable because before the video came out, everything was just as this as usual. when they bounce the facts he said he was fighting for his life. but when you look, the distance from when the bullets hit him does not match the police report, but they did not say anything. that means the police department supported -- and a shooting that police do without checking the

. >> we're joined now by anthony scott, he is the victim's brother and attorneys justin vanberg and chris stewart representing the scott family. mr. scott first of all my condolences of the loss of your brother. i don't know what to say except that tape is beyond disturbing. when you see that, what is your reaction? >> it looks to me like he was shot down like an animal. >> you know i know that they're saying and claiming that your brother grabbed for the taser and that's why he used deadly force. even if that were the case and i think there may be evidence that it's being at least talked about that that's not in fact true but why would you shoot somebody running away from you and posing no threat to nobody nobody whatsoever. i can't understand for the life of me why somebody would do this. >> i couldn't either. >> yeah. let me ask the attorneys here, justin, when something like this happens, you know, a lot of times i've been a person that says don't rush to judgment wait until all the facts are in. but i also know a lot about police training. and under no circumstances on what i see on

anthony scott said of his brother that he had been specially selected, he said, to be a candidate for change in america, change was a common theme throughout the service. it was mentioned many, many times. towards the end it was said by the pastor there's going to be change so that walter's death will not be in vein. then the service came to an end. the burial was private. to the other side, that is officer michael slager. his mother and wife were able to visit him in the detention center yesterday. now that this funeral has come to an end, there had been a moratorium on protests today and many of the public officials had said they weren't going to speak out until after the family had a chance to grieve. the time has come and gone, which means the controversy is likely to start up again beginning tomorrow. back to you. >> that was our martin savidge there. now there are new and troubling questions stemming from that video, and it is graphic. officer michael slager is seen apparently dropping something near walter scott's body. at this point he is actually face down. now some are askin

. >> reporter: anthony scott said his family is in mourning over his brother's death but grateful that a witness came forward with the video. >> if there wasn't a video, would we know the truth? or would we have just gone with what was reported earlier? but we do know the truth now. >> reporter: the family and their attorneys say they are pursuing the right path through the courts and are calling for calm, not the silent protests seen in ferguson, missouri, and other towns. >> that does nothing whatsoever to help the situation. it only makes it worse. >> reporter: officer slager was denied bail and is awaiting his next court appearance. omar villafranca, cbs news, aiken, south carolina. >> the scott family attorney says the family will be filing a civil lawsuit for walter scott's death. >>> meanwhile the justice department is vowing an appeal after a legal setback for president obama's executive order on immigration. a federal judge in texas refused to let the -- lift the stay on a decision granting a preliminary injunction requested by 26 states. next step for the justice department i

i have spoken to anthony scott on several occasions. and every time that i speak to him, his demeanor his behavior is always the same. they are very warm hearted and caring. "the daily news" is reporting that the scott family does have a request. it's requested that al sharpton stay away. why do you think that is? >> i don't have any idea why that is. that would be something to deal with the media blitz but i'm not sure at all. >> if sharpton participated the family would be concerned that it would create a circus and they don't want a circus-like atmosphere like what happened in ferguson. do you think that's wise of them? >> i'm not sure of the reasoning and rationale not to have that there. i don't think it has anything to do with ferguson. issues in ferguson are different than what happened here. >> i understand that. but there is a lot of media attention right at the moment right, and they just don't want to bring more media attention to a tragic situation, am i reading that right? they think by bringing al sharpton into this it will

. >> reporter: the victim's brother anthony scott says he doesn't believe all officers are bad cops. >> but there are some bad ones out there. and i don't want to see anyone get shot down the way that my brother got shot down. but we do know the truth now. >> reporter: a truth that scott family attorney chris stewart believes came to light based on the video. >> that the officer said that mr. scott attacked him and pulled his taser and tried to use it on him. but somebody was watching. >> reporter: if convicted, slager could face life in prison. susan mcginnis, cbs news. >> and you can see the exclusive interview with the brother of the shooting victim on "cbs this morning" beginning at 7:00. >>> >>> time now 5:01. >>> an escaped santa clara county inmate is back in custody after a month on the run. 40-year-old johnell carter is a suspected child molester. in march he overpowered a deputy during an appointment at the santa clara medical center in san jose leading to a two- day search for johnell carter involving dozens of deputies, san jose cops and the chp but there was no sign of h

. >> that was walter scott's brother, anthony yesterday in an interview with joy reid. n attorney for walter scott's family. thank you for being with us this morning. >> oh good morning and thank you so much for having me. >> we know about the emotions all of us feel and you all are feeling there. from your point of view what legal questions are out there in this case this morning? >> well basically, there are blanks that having to filled in. as you know the original incident reports from the north charleston police department are out there and essentially, what the reports say to us is see no evil, hear no evil speak no evil. there is not much detail in terms of what the officer saw at the scene. they clearly do not really vibe with the facts as we know it. essentially mr. scott being gunned down. it is our firm position based on what we have seen after the shooting, the officer did, in fact, pick up the taser from where they were on the ground. he then took it back to where mr. scott's body was and essentially planted the taser directly beside mr. scott's body. >> mr.

martha: let me play a sound from anthony scott who is walter scott's brother.bout this. >> i want to change the cops, not unrest but change the cops. i think this key video not about the money. it is about the change. so that nobody else can go through this same thing. martha: leslie, with this new evidence, the new video, and these folks speaking out, what is your take on this story now? >> well i think that what police are finding, and let me be clear, the overwhelming majority of the police are good and enforce the law. there are people out there especially in the african-american community who fear based on incidents like this, that there are officers who take the law into their own hands. they say it takes a village. we have a village of cell phones. millions of people, until we have every police officer with body cams. these videos tell a story. everyone including this officer is innoncent until proven guilty even a man running from a police officer getting out of the car. but i think what is happening more and more, people are saying see, some of these i

we want to bring in now walter scott's brother, anthony scott. and joined by justin sandberg.. >> thank you. thanks so much. you are a late add so we're happy to have you there, but i do want to start with anthony. anthony, we can only imagine what these past few days have been like for your family. can you tell us when you first heard that something bad had happened to your brother? >> when i first heard something bad happened to my brother i just thought that he had went down maybe had gotten injured at the traffic stop. and when i learned that he was dead i just couldn't believe that something like that would happen from a traffic stop. and i know that he's -- he didn't have anything you know tremendous happening to him in his life so i'm like what could have happened? gone wrong, actually. >> and when was it that you and your family first saw this video? >> i saw the video on sunday. >> how did you process what it was that you were seeing on the video of your brother's last moments? >> well the first thing that i thought about when i saw the video, i was like nothing that

>> yeah both anthony and rodney scott separately went to the scene after their brother was shot and anthonyscene and that some of the officers from the north charlotte police department took his phone. he later did get the phone back and i did request comment from the north charleston police and did not receive comment and i walked back to the building to see if i could get the spokesman to comment on that but we'll await comment from the department. >> what did he say was on the phone? >> photos of the scene. the brother's body was under a blue tarp and he was just photographing what was happening because essentially he and his younger brother was in disbelief that this was their brother lying on the ground dead and they wanted to document is for themselves and precisely what we were discussing a lot of people even -- public officials are encouraging the public to do to get this information for yourself. that's what they were trying to do but the police told them they were not allowed to be there to photograph. >> joy reid, always appreciate your reporting and and insight. >> i want to bri

we are joined now about walter scott's mother judy scott, anthony scott and their lawyer success stewart scott, i am so sorry for your loss. you have all our condolences. please try and tell us when you first heard about this and what you thought when you looked at that tape. >> when i looked at that tape that was the most horrible thing i've ever seen. i am very very upset concerning it. i almost couldn't look at it to see my son running defensively being shot.e my heart to pieces and i pray that this never happens to another person. this has got to stop. >> and, anthony you first heard from your mother that something had gone wrong at this traffic stop. tell us what happened. >> from the look of everything once i arrived on the scene and seen all the police tape i know something had gone wrong at that time. because for a traffic stop you don't need police tape and things of that sort. so i knew that everything was wrong, something had definitely gone wrong. >> what did the police tell you? >> the police told me that he had died. >> did they give you any more information about what had

. >>> walter scott left behind two brothers, anthony and rodney scott. today joy reed got a chance to sit down with both of them to talk to them about their brother and his death. >> there were four days that passed between the shooting and the release of the video. in that interim period, what were police saying happened to walter scott? >> well, the disappointing thing about the entire situation is that the police department came out publicly, in the statement, their spokesperson recounted the story that the officer had told them. saying that the officer fought with mr. scott and took the taser and tried to use it on the officer, and then he quickly had to fire in fear for his life. and that perpetuated the wrong thoughts and beliefs on what happened. people immediately started writing it off as, oh, he deserved it, oh, you know, just another situation of a guy fighting a cop. just another thug. why would you run. he's african-american. it perpetuated the immediate wrong assumptions that occur. >> how did the family, rodney, deal with this initial stor

walter scott's brother, anthony, remembered him as a coast guard veteran and the father of four children. >> i have -- i had two brothers. i had two brothers. but now i have one brother. but out of my brothers he was the most outgoing out of all of us. he had -- he knew everybody. he knew -- he knew family i didn't know. he knew he had friends i didn't know. he was well known in the community. everywhere. and he was just an outgoing type of person. and loving and kind. that was just his nature. >> again, this is a traffic stop stemming from a broken taillight. city officials in north charleston also stepped in front of the cameras following officer slager's arrest. the mayor saying he is grateful someone was there to capture the shooting on camera and stepped forward with that video. and the police chief saying he's been devastated by the actions of his officer. >> the video is very demonstrative of exactly what happened. without the video, and that was the only witness there was, actually was the gentleman that was making the video, it would be difficult to ascertain exactly what did oc