. >>> now i want to bring in eugene o'donnell, professor of law and police study at john jay college you for being here eugene. >> thank you, rev. >> if you were on this case, what are you doing today trying to see if hate motivated this? >> well that's really what it is. clearly it's a criminal act, a horrific criminal act. the issue really is going to be could the prove beyond a reasonable doubt it is hate motivated. so parsing these interactions some of the victims did wear distinctive clothing that identified them their religion. there were some facebook posts. i think this guy is a self-proclaimed atheist, so he's not unaware of religion he's made some elliptical references. is the attorney says they're not there, i believe the folks are still -- but the fbi is monitoring this. the world is watching so i hope they're giving it a full-court press. >> let me press you on this. the suspect posted facebook messages, as you referred to that referenced religion. one that read quote -- people are saying nothing can solve the middle east problem. not mediation, not arms not financial ai

the former police officer eugene o'donnell is skeptical. >> there is only one shot. if you miss the shot -- and police in 80% of the cases miss the shots -- you have to go lethal. >> reporter: he worries about the split second decisions in deadly force situations, however. >> there is a crucial window of time that may be lost. you may forfeit valuable time in trying to adapt your mindset to using this weapon. >> reporter: the alternatives impact has never been tested on a person but criticism of police shootings has many agencies wondering if it is time to give it a shot. mark straussman, los angeles. >>> an unlikely place where a sex offender can lurk, but police say it happened here. hear how one person made a difference. >> the family of an arizona woman held by isis confirmed their daughter has lost her life. i am craig boswell on capitol hill and what may happen next. >> jesse mathew finally charged in the death of hannah graham. why some say it is okay that the death penalty is not being pursued at this point. >>> tonight an arlington woman has a quick-thinking

former police officer, eugene o'donnell, is skeptical. >> there is only one shot. e police in many places miss 80% of their shots then you have to go lethal. >> reporter: o'donnell said he hasn't used the alternative. but he worries about those crucial split-second decisions in deadly force situations. >> there might be a crucial window of time that would be lost. you might forfeit valuable time in trying to adapt your mind-set to using this weapon. >> reporter: how quickly can he snap it on? >> we have a three-second rule. if it the officer cannot safely do it in three seconds, we tell them do not think of our device. >> reporter: the alternative impact has never been tested on a person. but criticism of police shootings has many agencies wondering if it's time to give it a shot. for "cbs this morning" mark strassmann, los angeles. >> i think everybody is for better solutions, right? but the notion that you can somehow then spend the time to put this on when you're trying to make a split-second decision -- >> while the bad guy has a weapon that doesn't have it. >>

also from chicago, eugene o'donnell, professor of law and a former nypd officer. want to come to you first. is the standard of proof for the fed's too high u or do we want a high standard before our federal government can bring charges against us? >> i don't think that's an either/or situation. you don't want someone brought up on hate crimes charges when they were considering liking someone individually. that would be ridiculous. that was the scare tactic used to make sure the high bar was put into place. but the attorney general was right. the standards don't fit with the kind of race relations that we have right now. these are standards to protect people who have been lynched. these are not standards to protect people living in a current racial situation. the best evidence for that is when you have a more reasonable bar like the pattern and practice things that the division of civil rights gets to do with whole departments, then you have a whole set of investigations that yield agreements and consent decrees that the community can get. behind and you see less o