finally officer michael rapiejko, you see it.t here speeds his car up and slams into valencia. >> the unit stay live -- man down. >> if we're going to choose between maybe we'll let him go a little farther and see what happens, or we're going to take him out now and eliminate any opportunity that he has to hurt somebody we're going to err on the side of in favor of the incident people. >> valencia was taken to the hospital in serious condition, released on custody two days later. he faces 15 charges including aggravated assault and armed robbery. >>> new details in the actions of officer michael slager in the shooting in south carolina. investigators say slager refused to speak to investigators who it arrived at the scene an hour later after he fatally shot officer scott when scott was trying to flee. cell phone video shows slager firing eight shots at scott as scott runs away. slager was fired from the force and charged with murder. >>> robert bates, the deputy who fatally shot a suspect after pulling his gun instead of his tase

his name is officer michael rapiejko. he accelerated to 40 miles per hour and plowed right into the suspect, who did survive. police say the suspect was a man named mario valencia and that he was on a crime spree that day. that spree included the theft of a high-powered rifle from a walmart. on an audiotape that was just released officer rapiejko explains to investigators why he took the man down in the way that he did. >> knowing what i believed to be a locked and loaded based on the round he fired into the air, there are two occupied businesses there are two other officers attend of the street. this is what i deem at this point to be a lethal force encounter. >> rapiejko has been cleared of any criminal charges. an administrative review is under way. the police chief praised his actions, said they may have saved lives. but valencia's lawyerlear case of excessive force. >>> new at 11:00, university of virginia administrator may be preparing to sue rolling stone magazine over a discredited article about rape on campus. as

officer michael rapiejko said he had no choice. he didn't feel comfortable shooting at the suspect with businesses and other officers nearby. >> he's holding what i believe to be a locked an loaded rifle. he's fired in the air. there's two officers at the end of the street. this is what i deem at this point to be a lethal force encounter. i have two thoughts in my mind. i need to shot him to stop the threat. or i need to run him over to stop the threat. >> the police chief defends the officer's action. the suspect's attorney says it's excessive force. >>> a federal judge will determine if the man who tried to kill president ronald reagan can get more freedom. the 60-year-old now divides time between his mother's home and a mental hospital. hinckley's attorney says he's in remission. prosecutors disagree. >>> former hp ceo carly fiorina is set to join the fray next month. she will keep things low-key with an online announcement may 4th. retired surgeon ben carson is set to join a field of gop hopefuls on the same day. and former ark

>> reporter: dash cameras in two patrol cars were rolling as marana, arizona police officer michael rapiejko accelerated and aimed his cruiser directly atre man with a loaded rifle. >> that's not an easy decision right there. that's a tough, tough, tought decision. >> reporter: marana police chief terry rozema defends his officer's action last february claiming it prevented a potential shoot-out with the suspect, 36-year-old mario valencia, who was suicidal. >> this guy walked away out of t the hospital two days later and was booked into jail to be held accountable for his crimes. >> reporter: but valencia'se defense attorney michelle cohen metzger disagrees. >> how can you believe you're attempting to save a person's life by almost killing them. >> reporter: surveillance video from earlier that day showed valencia allegedly stealing a rifle and ammunition from a wal- mart. he was already the suspect in robbery, arson and auto theft that day. r he had the rifle pointed at his head when officers caught up with him. >> you don't want to do this. you don't want to do this. >> reporter: instead

. >> reporter: this is a graphic view from officer michael rapiejko's car as he slams into the suspectt 40 miles an hour. >> outside of the box, it's unusual. but if he doesn't take that action, i believe we'll prob answer questions to a much horrific tragedy. >> reporter: mario valencia was hospitalized but survived crash. booked for holding up a convenience store, trying to burn down this church, robbing a home, hijacking a car, then driving to a walmart whe police say he stole a rifle. marana police officer dan rowan spots the suspect holding the rifle to his chin. >> the gun to his neck. [ gunshot ] >> reporter: a single shot is fired into the air by valencia. >> one round just went out. >> a unit -- stand off, stand off! the gun is loaded! >> reporter: moments later, the officer rams the suspect. >> oh! >> reporter: valencia's attorney outraged by the use of force. >> i do believe the intent was to kill my client. it's a miracle that he's not dead. >> reporter: with officer rapiejko cleared of all criminal charges, tonight there's public debate whether the action saved lives or di

so many questions about why officer michael rapiejko made that decision. tonight, in this new police audio tape we hear him explain what went through his mind when he saw that suspect. >> holding what i believed to be a locked and loaded rifle, based on the transmission that he shot into the air. there was occupied businesses. two other officers at the end of the street. this is what i deem at this point to be a lethal force encounter. i have two thoughts that go in my mind. i need to shoot him to stop the threat or -- >> that police force defending that officer, saying he had a difficult decision to make. >>> we turn now to boston tonight. deciding whether dzhokhar tsarnaev should live or die. tonight, right here the video, never seen before. shown in that courtroom today. tsarnaev pacing in his holding cell. jurors then shown what he does next, straight to that camera. the prosecution arguing it proouchls he is unrepentant. abc's ron claiborne in boston for us tonight. >> reporter: this is the new image prosecutors want seared into the minds or jurors. d

officer michael rapiejko was once sued while a member of the nypd. accused of pointing a gun at a man and choking him during a parking dispute. the case was settled. >>> tonight, for the first time, we are hearing the terrifying 911 call from that worker, trapped in the cargo hold of that plane flying from seattle to los angeles. passengers recording the moment from inside. shortly after takeoff, you can hear him banging from below. [ banging ] the man was trapped as he was banging. we now know he also called 911 for help in midair. and as you're about to hear, the operator on the other end of the phone, in disbelief. here's abc's neal karlinsky tonight. >> reporter: the voice of that panicked baggage handler calling 911 on his cell phone. >> 911. >> hello, i'm trapped in this plane. >> reporter: after waking from a nap inside a speeding 737's cargo hold on takeoff. >> you're where? >> i'm inside a plane. i feel like it's moving in the air. flight 448. can you please send somebody to stop it? >> where are you in a plane at? >> i'm inside the plane. >

finally officer michael rapiejko as you can see here, plows into valencia in his patrol car. >> man down're going to choose between he -- maybe we'll let him go a little farther and see what happens, or we're going to take him out now and eliminate any opportunity he has to hurt somebody you're going to err in side of and in favor of the innocent people. >> valencia was taken to the hospital and released into custody two days later. he faces 15 charge including aggravated assault and armed robbery. >>> new details in the case of michael slager. investigators say slager refused to speak an about hour after. cell phone video shows slager firing eight shots at scott as scott ran away. slager was fired from the force and charged with murder. >>> robert bates the deputy who mistakenly shot a man with his gun testify hisinstead of his taser. prosecutors accused bates of negligence. his attorney claims the deputy made a split second mistake during a frantic arrest scene. >>> it took almost three months but a jury has been seated for the trial of james holmes accused of killing 12 people and wou

some are questioning officer michael rapiejko's use of force.e say before the encounter, mario valencia committed a series of crimes including stealing that rifle from a walmart. >> i need to shoot to stop the threat or i need to run him over to stop the threat. >> the suspect survived the crash and the officer has been cleared of any criminal charges. mario valencia's lawyer said this is a clear case of excessive force. >>> takoma park's effort to go green could cost the city millions. the plan is to convert streetlights the more energy efficient ones. in the end, the city could save $200,000 a year but the cost to convert all the streetlights to l.e.d. through pepco is estimated to be $2.7 million. >>> well perhaps a face only a mother could love. take a look for yourself. that's how a lot of you are describing the new national security agency's mascot aimed at encouraging employees to recycle. dunk is his name. pink shorts, some sneakers. >> i'm trying to hear if it has a creepy voice. >> twitter is lighting up with your comments. you called

him, ended up ramming him with a patrol car and the officer driving that cruiser is officer michael rapiejko, and the officer will not be charged criminally, though still under administrative review. the police chief says his decision probably saved the suspect's life. valencia spent two days in the hospital before being booked into jail and faces as many as 15 charges, and while this video is disturbing, language is graphic, the suspect survived the incident. take a look. >> never mind. >> one round just went out. into this guy. and unlock now. definitely loaded. be prepared. >> 10-4. is it the subject or did you shoot? >> negative. did not shoot. unit right there. just stand off. stand off. the gun is loaded. unit, stay off. >> oh. jesus christ, man down. [ bleep ]. >> 435. 454. >> he's down. he's down. >> unit right there, just stand off. stand off. the gun is loaded. unit on -- stay off. >> christ, man down. >> i don't know what to make of that. what do you make of it? >> i wish i knew more about the circumstances. look, the car can be a weapon, a lethal weapon just like the gun might be

footage from a police dashboard camera shows marana police officer michael rapiejko running down a suspectolice say was armed with a stolen gun. the suspect, mario valencia, was hospitalized but survived. , prosecutors say they lacked evidence to prove the officer had "the requisite criminal intent for aggravated assault." he is a former nypd officer who was previously sued for excessive force. the justice department has admitted almost every member of an fbi unit specializing in forensic hair samples who gave exaggerated testimony in nearly every case. according to the "washington post," a review has found 26 out of 28 examiners overstated forensic matches in ways that favored prosecutors in more than 95% of trials examined so far. the trials took place over a 20-year period before 2000. they include 32 cases in which prisoners were sentenced to death, including 14 who were executed or died in prison. oklahoma has become the first u.s. state to approve the untested use of nitrogen gas for executions. a new law signed by the governor establishes s as a backup method if lethal and direction

officer michael rapiejko drives around the police car and hits valencia.ended up saving lives. >> that's a tough, tough, tough decision but he made it. >> reporter: the marana police department cleared officer rapiejko of any charges. >> this is policing as it is. >> but his attorney says the police are out of line. >> they say they saved his life. i find it a strange statement to use deadly force against that person by almost killing them by plowing into them with your vehicle. >> reporter: maana say they treated this kaz the same way they would in an officer-involved shooting. he's back at work and the didn't is now conducting an internal review. gayle? >> thanks elaine. >>> there are new charges in tulsa after an unarmed mans with shot during his arrest. people chanted and marched for eric harris earlier this week. he was killed during a sting operation. >>> the tulsa shooting and other cases of police brutality led yesterday to a national day of action. hundreds marched across the brooklyn bridge in new york and blocked traffic. police arrested some of

officer michael rapiejko had been pseudobefore when he work frd the nypd. that case was settled.f is defending his actions saying the officer made the right decision to stop the armed suspect. >>> a judge says gm cannot be sued in connection with dozens of deaths and injuries blamed on faulty ignition switches because the problem occurred before gm emerged from bankruptcy. the ruling could save gm $10 million in lawsuits. >>> mothers looking to have another baby may want to hold off longer. 30% of moms looking to have another child became pregnant again in less than 18 months. women should space out pregnancies at least 18 months apart to give their body time to recover and increase their chances of carrying the child to term. >>> well a big scare at a condo development in florida. you see there hat is lurking just outside the door? sharks like this one are getting way too close for comfort. they blame fishermen for putting bait in the water and atacting the sharks. >>> big news for "star wars" fans the trailer for the next "star wars" movie comes out today. people lined up overn

no criminal charges for officer michael rapiejko. who was behind the wheel. according to a police report, he was concerned about the surrounding businesses that were occupied. telling investigators he believed using his duty weapon would be more of a risk to the community than using his vehicle. valencia's attorney says they're investigating the incident. and based on the video it seems like an obvious excessive use of force. it's a miracle he's not dead. police say valencia was on a crime spree. he's be charged with 11 felonies including starting a church fire, stealing a car, stealing the rifle and ammo from a nearby walmart. the officer is back on duty. the police argue, do you let the suspect continue and see what happens? or do you act? they say they erred on the side of saving innocent lives. the officer has been cleared at this point. >>> now to the volunteer sheriff's deputy charged with fatally shooting an unarmed man. in oklahoma. the insurance executive says he mistook the gun for the taser. and he turned himself in on tuesday. good morning, ryan.

michael rah rapiejko spoke with investigators.t he had to do. >> reporter: his running down the suspect caught fellow officers by surprise. >> i had two thoughts going through my mind. i need to shoot him to stop the threat or i need to run him over to stop the threat. >> reporter: in an interview with investigators right after the february 19th incident, ma rana arizona, police officer michael rah pico explained why he rammed his car into a suspect. >> this is going bad quickly. >> reporter: 36-year-old mayo valencia was believed to be suicidal and armed with a loaded rifle he's accused of stealing from a nearby walmart. investigators say he also had committed armed robbery and arson earlier that day. when police caught up with him, va lensy fired into the air and headed toward homes and businesses. officer rapiejko realize head had a small opportunity to stop him and take options. >> the only option i felt i had to stop was to run him over. >> reporter: valencia was not seriously injured and is now facing more than a dozen charg

. >> reporter: this the graphic view from officer michael rapiejko's squad car as he slams into the suspect an hour. >> outside the box and it's unusual, but if he doesn't take that action i believe we're probably answering questions to a much more horrific tragedy. >> reporter: mario valencia was hospitalized but survived the crash. booked for holding up a convenience store, trying to burn down this church robbing a home hijacking a car, then driving to a walmart where police say he stole a rifle. marana police officer spots the suspect holding the rifle to his chin. >> he has the gun to his neck. >> reporter: a single shot is fired into the air by valencia. >> one round just went out. >> the gun is loaded. >> reporter: moments later, officer rapiejko rams the suspect. >> i believe the intent was to kill my client. it's a miracle that he's not dead. >> reporter: with officer rapiejko cleared of all criminal charges, there is public debate whether the actions saved lives or displayed excessive force. >> anybody okay with that? >> i think we need a "morning joe" medal and we can go pin it on