grandfather and attorney ben krum will be joining us momentarily. let me go back to you, james cavanaugh. she said -- the eyewitness said he put his arms up. he was compliant. are witnesses accounts like these now a major part of the investigation? >> absolutely. that's a major part of the investigation. all the witnesses and forensics. the bullets, number of shots from where they were fired. all the details will get into the facts in the homicide bureau and the fbi will look at it, the use attorney and the district attorney and make a decision. look, we have a name in the criminal justice system for shooting a man standing there with no weapon in his hands up. it's called murder. if those facts hold like the young woman said and if the forensics match, that's a crime. murder is a crime in the united states. it doesn't matter who commits it. whether it's the police or not. >> how will the fbi proceed? how will they go about their investigation? you see people standing up. it seems the symbol now is holding up the hands which is really making the poi