this is eric gartner who has been put into a chokehold by police. and there was a video filmed and we were showing it right now and he died after this and there are charges being filed against the officers for the chokehold that resulted in his death. so the nypd put out a statement and they have been under fire for this thing that members of the police are legally allowed to record police interactions and interference and violating the first amendment. >> the point is this is that the situation of police misconduct is getting torpedoed what is happening in missouri. with respect to this issue, i don't think anyone will disagree they shouldn't put someone in a chokehold. but in this particular situation, it wasn't just the issue at donalds, but these guys were in the middle of the fray in the aftermath. >> what about the two guys at mcdonald's? >> the aftermath of the entire situation is that the reporters are becoming a story instead of reporting the story that they're there were. they put themselves in the middle of this mess and harms way and i h