kenny shot and killed 19-year-old tony robinson in march. egedly assaulted two people and was running in traffic. according to the report kenny forced himself into an apartment that robinson had run into. authorities said robinson and kenny got into an altercation inside the apartment where kenny shot and killed robinson. the aclu released a statement on today's decision that reads in part, the aclu of wisconsin regrets district attorney ozanne's decision because it leaves a cloud of uncertainty over the circumstances of and the responsibility for tony robinson's death. if officer kenny did not violate the law, then is anyone legally responsible for mr. robinson's death? does the criminal law protect individuals like mr. robinson from deadly force exercised by police officers? are police officers above the law? joining me now is the contributor to "essence" magazine, joy reid and john kelly, defense attorney. joy, what do you think about the reaction from the aclu here? what they're making an argument for is that we've got to establish a base

all seven shots hit tony robinson jr. at close range. this was confirmed on autopsy. all bullets hit robinson from front to back. there were seven casings, which were recovered from the scene. and i believe it is reasonable to conclude all shots had to have been fired near the bottom of the stairs. all shots were filled within three seconds time span and all shots hit tony robinson from front to back. now, officer kenny's statement indicates when he exited his squad, he could hear sounds of a disturbance. sounds of the disturbance seem to be coming from the upstairs apartment. he wept around the corner to verify where the sounds were coming from. the sounds were coming from the upstairs apartment. he heard incoherent yelling and screaming. when he got closer to the stairwell, he could hear yelling and what sounded like a fist hitting something. and items being thrown or breaking. he heard someone say what are you going to do now, expletive. he indicated he believed tony robinson was the person he was looking for and was upstairs possibly assaulting someone else. he rad

tony robinson jr. the incident occurred near 1125 williamson street across from the gas station. the third call came in at 6:32 p.m. it was reported the caller was at the gas station when tony robinson jr. was screaming across the street. he said tony was acting kind of crazy and then came up to him and tried to choke him. but he was able to get tony off of him. tony was also seen trying to assault two people on the sidewalk. tony had his shirt off and was roaming around blocking traffic. tony was then seen trying to break into 1125 williamson street apartment no. 2. each of the callers were interviewed and confirmed the information they had reported in their 911 calls. dispatch conveyed the general information from the calls to officer kenny. that was that there were three possible victims. tony robinson was a male black, light skinned, jumped in front of cars no weapons and seems to have entered 1125 williamson street upstairs apartment. this was conveyed by officer kenny through radio transmission.

that man tony robinson just 19. robinson's uncle tells cnn he is expecting no charges against the officer, the aunt as well shared the same with me when we spoke last hour saying he acted out of self-defense. we'll let you know what happens. we'll bring that d.a. announcement live in a while now. >>> in nepal, breaking news. more than two weeks after a monster earthquake killed more than 8,000 people and then today, another one. the 7.3 quake striking nine miles deep along the border with china. at least 68 dead more than 1,200 injured. we'll take you to cat plan you do in a moment. but first, we are getting more information about the u.s. marine helicopter that is considered missing currently in nepal. we can tell you that six marines and two nepalese were carrying out disaster relief outside of the capital when apparently their helicopter vanished. first barbara starr at the pentagon. and barbara, it is after midnight in nepal. incredibly mountainous region communication difficult in general. what are you hearing

he hit tony robinson with all seven bullets and that's how tony robinson died.s a 12-year veteran of the madison police department, who is white. tony robinson is bi-racial. in the two months since madison has seen large and peaceful protests in tony robinson's name. the demonstrations started soon after his funeral. madison, as you know is the state capital. they have filled not only the streets of madison but also the state capitol rotunda where the state started its investigation into the shooting, tony robinson's family said they did have faith in the process. his uncle telling reporters, quote, we want them to act strictly as fact-finders and that's what they've assured us. we believe that and we have confidence in that. well, the wisconsin department of justice carried out the investigation into the shooting. then they handed over their findings to the prosecutor, to the district attorney in madison, in dane county, wisconsin. over this past weekend specifically on mother's day, on sunday, that prosecutor announced that he had reached a decision in this ca

juan: in a show of support for tony robinson's family, hundreds of people marched peacefully to the state capitol on tuesday. the protesters vowed to continue demanding justice for robinson. one of the groups organizing the demonstrations has been the young, gifted and black coalition. the group announced they'll rally this morning in front of the apartment house where robinson was shot and killed. they're calling for a "black-out wednesday" where people stop business as usual and come out on the streets to demand police accountability. activists are also calling on madison to address racial disparities in incarceration rates. a 2013 race to equity report found african-americans in madison's dane county made up less than 9% of the youth population, but nearly 80% of those incarcerated in juvenile prison. amy: well, for more, we go now to madison, wisconsin where we're joined by "m" adams. she is a madison-based activist and organizer with the "young gifted and black coalition" and "freedom inc." m adams, welcome to democracy now! can you talk about the announcement yesterday? the da sayin

matt kenny shot tony robinson on march 6. calls that the 19-year-old had assaulted two people and was running in traffic. police say that robinson was unarmed, but attacked officer kenny. we will bring that to you when it happens. >>> and u.s. physicians are saying a u.s. marine helicopter is missing in nepal after providing assistance there in the wake of another massive earthquake. let's head overseas to richard engel. >> reporter: first of all, a developing story. a u.s. military spokesman says that an american marine helicopter with two nepalese soldiers and six u.s. marines on board has gone missing in nepal. that hamndlers lost communication around 7:00 p.m. local time. it was reportedly on a rescue mission when it suddenly disappeared. attempts are under way right now to establish some sort of communications with that helicopter. and to find out exactly why it went out -- doctor xhunwhy communications were lost. this came after another make quake hit nepal, 7.3 magnitude. it came as the country was still coming to term

all seven shots hit tony robinson jr. at close range. this was confirmed on autopsy. all bullets hit robinson from front to back. >> joanining me "outfront," tony's uncle. i appreciate you taking the time. this is a very difficult time for your family and not the way that you all had hoped this day would have gone. the d.a. declaring your nephew's death the result of lawful use of police force. you heard the d.a. talking about how tony was shot of course those seven times at close range. which i know is horrible for you to have to keep rehearing. the decision was not to bring charges against that officer. the decision was what he did was justified. what's your reaction? >> i think it's important to keep in mind that this was not the trial of matt kenny, rather the decision to indict him, and the decision if there's enough sufficient evidence that there should be a trial. and as citizens of this country, i believe that we should have had that due process and had a trial by our peers and a jury of our peers, rather for them to ultimately decide matt kenny's innocence or

name is tony robinson. >> reporter: robinson's death ignited several days of protests. his mother called it a massacre. >> what they didn't do was give my son any respect and they didn't do a thorough full investigation. >> reporter: the prosecutor said officer matt kenny had followed robinson to a nearby house, heard a disturbance and encountered robinson just inside a doorway. >> he said tony robinson immediately turned the corner and struck him with a closed fist. >> reporter: the prosecutor said kenny fired seven shots while retreating. >> this is not what democracy looks like! >> reporter: outside, defiance, as protesters gathered for a march to the state capitol. are you surprised by this? >> i think i'm concerned about how our community responds. >> that was nbc's ron allen reporting. >>> let's turn to business and reaction to the big news from the tech world that verizon will buy aol for more than $4 billion. verizon shares closed slightly lower after news of the deal but it was a good day for aol, closing up nearly 19% to more than 50 bucks a share. cnbc's stev

attorney here is set to announce whether officer matt kinney will be charged for shooting 19-year-old tony robinson to death. robinson did not have a weapon. this happened march 6th when officer kinney responded to a 911 kbaul tony robinson jumping -- call about tony robinson jumping between cars attacking people. the family reportedly says robinson may have been on hallucinogenic mushrooms, what they told the local paper. kenney says when he reached the scene, the door was open. he went inside where robinson assaulted him, forcing him to shoot. an autopsy found robinson was shot in the head torso, and arm. his lawyer says the officer suffered a concussion. joining me now is the aunt of tony robinson. she is laurie ann carter. my condolences to you. >> thank you very much, brooke. >> you are about to learn what happens, fate of this officer, in an hour from now, i understand. one of tony's uncles says he is expecting a non-indictment. what do you anticipate happening? >> i expect a non-indictment. my nephew who was a victim was criminalized locally as well as nationally. the way that they have trea

jr. >> reporter: that decision related to the death of biracial tony robinson shot by matt kenny. march 6th kenny responded to multiple calls that a man was running into traffic, shirtless in the winter air, that he had attacked one person and attempted to strangle another. robinson's family would later say he was under the influence of hallucinogenic mushrooms. even though he was unarmed, the lawyer says he was lawful in shooting tony robinson. >> the officer was confronting a deadly threat and acted accordingly. >> reporter: demonstrations followed on the streets of madison. large low uneventful they resulted in only four arrests. demonstrators have doubted that charges would come and accused the district attorney of being part of a corruption system. and the question mark kenny is not on the job and will remain on administrative leave to see if he violated police procedures separate from the criminal investigation. police say they have received credible threats of violence but what we are seeing here manifest on the street largely is a very peaceful protest, particularly compare

robinson's friends asked for help. >> a male black, light skinned tan jacket in teens, name tony robinson robinson's death ignited several days of protest. his mother called it a massacre. >> what they didn't do was give my son respect, do a thorough investigation. >> the officer said matt kenney followed robinson to a nearby house, heard disturbance and killed robinson just doorway. >> he said tony robinson immediately turned the corner and struck him. >> prosecutors say kenney fired seven shots while retreating. >> this is not what democracy looks like. >> reporter: outside defiance as protesters gather for a march to the capital. >> are you surprised about this? >> i think i'm concerned about how our community responds. >> the prosecutor a lifelong resident emphasized he like robinson, is biracial with a black mother who worries about her son. >> that was nbc's ron allen. >>> in nepal, a search for a missing marine helicopter. this is what it looks like on board six marines and two nepalese soldiers. the chopper disappeared during yesterday's 7.3 earthquake. the latest quake left over

a bullet that hit tony robinson at a downward trajectory and killed him. and that makes no sense. >> reporter: tuesday's announce drew swift criticism from robinson's family. >> i just want to say this is politics and not justice. >> reporter: madison police say officer kenny still faces an internal probe to see if he violated any procedures. >> the family attorney asserted that officer kenny created an unnecessarily violent situation by entering the building without back backup. he said he entered because he thought there was a fight going on. no other person was ever found. >>> saudi arabia prince and crown prince are meeting in washington. the saudi king chose not to come himself. the white house and saudi leaders insist it is not a snub. >>> the european union has unveiled a new plan to deal with its migration crisis calling for mandatory quotas. >> by the end of this month, the commission will propose a temporary relocation mechanism to help relieve the immediate and exceptional pressure on front line countries. people in need who have already reached

for tony robinson's mother there is no easy day since march 6th. for six months she's been mourning her son and waiting to hear if the man who shot her will be charged. and and re join -- andrea joins us. and the decision today not to press charges against officer kenny, what is your reaction? >> as we were listening we were holding out hope he would change his decision. i was almost sure he was not going to indict. the things that we heard, it is not accurate it is missing information. so i actually can't stay in the room. i'm heartbroken, and i'm angry. i'm more than upset. i'm almost something i can't describe right now. >> what in particular angers you. >> -- >> the way that things were spoken about my son. there was a lot of lack of information, the fact that his friends were the ones that called and the fact that -- they are trying to say that all of the things that matt kenny claims happened they said within a 20 second time frame and we're sure it was an 18 second time frame and things do not add up and with the investigation that we've had

when he got inside he was faced with tony robinson. there was a struggle. three shots fired, tony hit three times and died. we have a 911 call from that night that we'll play for you right now. >> look for a male black light skinned tan jacket jeans outside yelling in front of cars 19 years of age, name is tony robinson. >> now tony robinson was unarmed and his family believed he was on drugs, shot three times, like i said before, once in the head and chest and in the arm. in the days after this shooting, the family really called for calm and peace. there were several marches going on. young folks took over the capital at one point. making sure their voices were heard. that same thing is going on. several people in this community believe the officer will not be indicted and they're preparing for that. we're told there will be a massive march on wednesday. this community in terms of the young people really got behind this cause especially with so many of them knowing tony robinson. he was 19 years old and had just graduated from high school. people knew of t

his name is tony robinson. >> his death ignited several days of protests. >> what they didn't do was give my sony resbekt, and they didn't do a thorough full investigation. >> reporter: officer kenny had followed robinson to a nearby house. heard a disturbance and encountered robinson just inside a doorway. >> he said tony robinson immediately turned the corner and struck him with a closed fist. >> prosecutors said kenny fired seven shots white retreating. >> this is not what democracy looks like. >> outside defiance. protesters gathered for a march to the state capital. are you surprised by this? >> i think i'm concerned about how our community responds. >> the prosecutor a lifelong resident had emphasized that he is also biracial with a black mother who worries about her son. demonstrators are gathering not far from here. many are not pleased by today's decision either. police have been preparing for this day for some time. so far, no confrontations lester? >> ron allen in madison tonight, thank you. >>> jeb bush is in damage control mode trying to clarify how he answered a question

reporter: he described a violent and chaotic night with 911 callers saying robinson had assaulted several people. >> he said tony was acting kind of crazy and then came up to him and tried to choke him. >> reporter: police radio calls. robin robinson's friends had asked for help. >> look for a male black, light skin tan jacket in jeans, outside yelling in front of cars. 19 years of age, his name is tony robinson. >> reporter: it followed days of protests. his mother called it a massacre. >> what they didn't do is give my son any respect and they didn't do a thorough full investigation. >> reporter: the prosecutor said officer matt kenney had followed robinson to a nearby house, heard a disturbance and encountered robinson inside a doorway. >> he said tony robinson immediately turned the corner and struck him with a closed fist. >> reporter: the prosecutor said kenney fired seven shots while retreating. >> this is not what democracy looks like! >> reporter: outside, defiance as protesters gathered for a march to the state capitol. are you surprised by this? >> i think i'm concerned about how our community respond

the building firing for a seventh time, the seventh shot into the building, a bullet that hit tony robinson at a downward trajectory and killed him and that makes no sense. >> tuesday's announcement drew quick criticism. >> i want to say this is politics and not justice. >> the robinson family attorney asserts officer kenny created and unnecessarily volatile situation by entering robinson's apartment without backup. if you remember, kenny said he entered because he thought there was a fight going on between robinson and another person, but no other person was ever found. >> friday is endangered species day. this week, we're looking at animals most in need of help and there is no place where more exist than in africa. let's bring in nicole mitchell for today's environmental impact. nicole, where are these animals most in danger, really what types of animals are we talking about? >> there was just a study that came out this month looking at larger animals like camels, wild horses, including zebra elephants, anything over 100 kilograms, which to us is 220 pounds. of those there are 74 species

mortal por parte de la policÍa y no se deben presentar cargos contra el oficial por la muerte de tony robinsonndÍa robinson de 19 aÑos luego de que Éste, al parecer, atracara a dos personas. el uniformado dijo que fue apredido por lo que sacÓ su arma y disparÓ. otra llamada al 911 respaldÓ esta versiÓn. >> la madre del joven, quien participÓ en protestas de dÍa y vigilas de noche frente al sitio donde muriÓ su hicho, manifestÓ su dolor. >> en realidad yo no podÍa quedarme en la habitaciÓn. estoy con el corazÓn roto. yo estoy enojada. es mÁs, mÁs que molesta. es casi algo que ni siquiera puedo describir en este momento. >> el informe lo realizÓ el deepartamento de justicia de wisconsin. una ley estatal ordena que si un policÍa usa su arma a, las veces aciones las realice otra agencia. >> esta decisiÓn no era era una admisiÓn de culpabilidad o inocencia en lo que respecta a matt. esta decisiÓn decidÍa si habÍa o no pruebas suficientes para ir a juicio y a nosotros nos han quitado esa opciÓn. >> las pesquizas determinaron que aunque robinson estaba desarmado agrediÓ fÍsicamente al uniformado lo q

came to the scene that his body damaged the wall of the stair well where he met this young man tony robinson a number of meetings in which community leaders sought to encourage people not to react violent picasso violently. the main difference is that the facts are muddled in this case and this community appears to be more prepared than baltimore and ferguson. >> in that context what could you think is likely to happen? >> well, what is happening right now as we speak is a march towards the capital the capital of wisconsin, that is. there is peaceful protest going on and people are talking about a black spring modeled on the arab springs. this there are up risings although they insist they will be peaceful up risings although we've seen those up risings in other towns have not been peaceful. in baltimore they were pretty violent and there were major clashes between police and protesters. they'll make sure that what happens outs in the streets this growing protest over the police shooting of young unarmed men does not devolve into the kind of violence that occurred in those other cases. >> th

tony robinson's mother said she will file a civil lawsuit instead.he family is looking at a number of legal means including a civil lawsuit. they apparently started their own investigation. this was investigated by the wisconsin division of criminal investigation, a separate entity from madison police department which employs officer kenny. ultimately the district attorney decided he would not push forward with charges. >> good to see you. thank you. >> a lawful shooting. >> thank you. >>> developing now overseas in nepal where the search continues in the eastern part of the country for the u.s. marine's helicopter that went missing on tuesday. u.s. military helicopters and a drone are being used to track it. the chopper carrying six marines on board similar to this one shown was delivering tuesday's aid in one of the district's hardest hit by the two major earthquakes that hit nepal. the death toll continues to rise now at 96. fear of even more activity has forced many residents to decide to spend the night in tents outdoors. >>> a hammer attack. a

he pulled his weapon and fired three times killing for tony robin robinson. officer's attorney spoke days ago about what he thinks should happen in the next coming days. >> they are cognizant of the fact that tony robinson's family has suffered a tragic loss. that weighs on them. since the incident occurred to hear officer kenny referred to as a racist and murderer when there's been so little information that's been in the public view i think has been very difficult. >> reporter: now a lot of people have been talking about this investigation and why the officer did not use a taser. i can tell you in madison officers are not allowed to pull their taser unless they have backup. the officer felt like his life was in danger. we heard those 911 calls that he had to respond once he went in and that struggle started and people want to know information and what happens today and once again protests are expected again. >> all right. we'll get back to you. thanks so much. at the top of the hour we're expecting to learn more on another high profile police shooting. this

lawful use of deadly police force. >> he described a deadly and chaotic night, robinson had assaulted several people about. >> tony was acting kind of crazy, and came up to him, and tried to choke him. >> police radio calls. robinson's friends had asked for help. >> i look for a light skinned black male 19 years of age, his name is tony robinson. >> his death ignited several days of protests his mother had called it a massacre. >> what they didn't do is give my sony respect. and they didn't do a thorough full investigation. >> officer matt kenny had followed robinson to a nearby house. heard a disturbance and encountered robinson just inside a doorway. >> he said phony robinson immediately turned the corner and struck him with a closed fist. >> prosecutors said kenny fired seven shots while retreating. >> this is not what democracy looks like. >> outside defiance. >> are you surprised by this? >> i think i'm concerned about how our community responds. >> the prosecutor had emphasized that he like robinson is biracial with a black mother who worries about her son. demmen straighters are gathering not far from here.

. >> look for a male black, outside yelling in front of cars 19 years of age, and his name is tony robinsonther call said robinson was trying to strangle somebody and the first officer on scene reports he made a commotion in the apartment, and he forced his way through the door and a fight started and he was hit in the head by robinson. 30 seconds later. >> shots fired. >> robinson died after being shot. >> he was unarmed, and that's going to make this all the more complicated for the investigators, for the public to accept and understand that deadly force had to be used. >> this is not the first time officer keating has been involved in a deadly shooting. in 2007 he shot and killed a man in what the police chief described as suicide by cop, and he was exonerated of any wrong doing. >> i want to bring in cnn's ryan young who is live. how are they preparing for the announcement? >> reporter: you know people are talking about protesting regardless of what happens, and so people are looking forward to that and police shut down the streets, and you remember when they took over the capitol a few

officer matt kenny opened fire on tony robinson during a violent struggle in march. tors say that witnesses claim that robinson appeared disturbed running through traffic and attacking people. robinson's family though is outraged. >> i just want to say, this is politics and not justice. >> my decision is not based on emotion. rather, this decision is based on the facts as they have been investigated and reported to me. >> and prosecutors say officer kenny used lawful deadly force fearing for his life after he was staggered by a punch to the head from robinson who they say was out of control from hallucinogenic drugs. >> another day of severe weather for millions of americans across the middle of the country with the torrential rains triggering flash flooding, even spawning funnel clouds. this is one you're seeing in texas. this is near the beach. more storms are on the way. busy an's ryan owens has the latest for us now. >> large parts of the lone star state are flooded. the water stretching for miles in this town south of dallas with more rain in the forecast, there'

officer matt kinny who shot and killed unarmed 19-year-old tony robinson jr. on march 6th will not face charges. the officer was responding to calls that robinson assaulted two people at an apartment and was running in traffic. police say robinson attacked officer kinny. today a decision from the prosecutor. >> for the lawful use of deadly police force and that no charges should be brought against officer kinny in the death of tony robinson jr. >> moments ago tony robinson's family spoke out. >> this was a 19-year-old kid whose life was cut short before he was able to fully realize his potential. >> i wear a sweater because this is the only comfort i have left. i don't have an option to hold him anymore, and i want you to know that i miss him and really love him. he's a great kid. >> the shooting set off peaceful protests in madison and in two months produced a decision. but we're seeing a different kind of process in cleveland. after five months still no decision about charges in the police shooting of a 12-year-old boy. why? that's next. ...and takes the whee

tony robinson was shot just on the outside of the apartment right there.saulting people, and the officer arrived and said he heard a noise, and the reports are he suffered a concussion after the encounter, and he pulled his gun and fired shots, and tony robinson was shot and killed here and some are asking why wasn't a taser used? people in the community want to know what is going to happen they want to know from the da will charges be filed? it's something we are going to hear later this afternoon. >>> you know that screening equipment that all of us go through the airport, and it turns out a bunch of it doesn't work. the inspector says the tsa is mismanaging the equipment. the traveling public was left vulnerable to terrorists attacks because of it. >> technology needs maintenance. >> it does. it just does. it has to be infuriating to taxpayers. >> everybody who waits in the lines, everybody suspects that all the things we were doing, taking off your shoes, you hope it's working. >> you have had that experience -- i know some of them don't give any tips

. >>> what happened in the shooting death of tony robinson, jr.? soon a decision is expected and whether to charge the police officer that shot and killed the unarmed teenager. it could bring to an end weeks of uncertainty in madison, wisconsin, but how will the community react? >>> the most severe penalty ever issued for being generally aware that something probably happened to a football. has the nfl lost its senses? just throwing that out there. >>> hello, everyone. i'm kate bolduan. >> i'm john berman. the breaking news this morning. a new powerful earthquake rocks nepal. this one magnitude 7.3. triggered widespread panic as buildings and mountains began to crumble. the quake was centered in remote city of namche. it allows for the possibility of severe damage. >> it's about the same depth as the previous earthquake that hit nepal killing more than 8,000 people less than three weeks ago. that country is still picking up the pieces clearly from that first devastating earthquake and then this new one hit. ivan watson is tracking the latest of wha

wisconsin say no charges would be filed against the officer involved in the shooting death of tony robinson. >> plans for police body cameras in d.c. scaled back. find out why after this. >> up i'm first alert meteorologist erica grow. it is gusty out here on the wester terrace. that's going to continue throughout the day. we're going to see more sunshine building n. you see the glimmers of sunshine. 67 to 74. much cooler than yesterday but still pretty seasonable. we'll stick with it for the rest of narrator: rural communities across the country are coming back thanks to bipartisan support for the renewable fuel standard. expanded renewable fuel production has created over 850,000 jobs. and the american biofuels industry produces the world's cleanest fuel from agricultural waste. but the oil industry wants the epa to protect their profits and foreign oil. the epa now faces a choice: cave to the oil industry? or keep their commitment to america's rural communities. paid for by fuels america. >>> welcome back. gusty winds have started to move in. you probably felt them last night as the cold

jr. >> and what we also have heard throughout the day, the uncle of tony robinson saying that he did that earlier today and many people saying they did not expect to see that there would be any charges filed against this police officer. nevertheless there have been plenty of people who have been out here on the streets protesting holding up signs, and marching. and they are expecting more protests tomorrow wolf. >> it was really an emotional experience for this dane county district attorney. you couldn't help but notice every few minutes he would take out his handkerchief and wipe the sweat off his brow. it was obviously a very, very difficult decision for him. >> you could feel the tension that he brought. you could see him taking deep sighs before he started. the sweating was profuse. but i will say this. i did note that once he stopped talking about how he could relate to this personally as a biracial man himself, and he started talking about the law and the reason why he was making the decision that he was making he seemed more comfortable, still sweating but not sweating as much

so the mother of tony robinson received a phone call from authorities on mother's day. this is the first mother's day after her son was shot and killed by a police officer letting her know that the 48-hour notice had been out and that authorities would announce on tuesday whether or not the police officer, matt kenny, would be charged or not. so this was heartbreaking for this mother because she was surrounded by her living children when this phone call came through and they were trying to ease her into mother's day because of what has happened to this family. and here's what the spokesperson said happened when she received that phone call. >> getting this call right as you're receiving gifts from your other children and seeing your other children then be frustrated with the fact that they're now going to have to take a back seat again and they couldn't just enjoy their mom for this day. >> the mom described it as a bit cruel to do that to anybody. they are hoping for justice, of course. they say that that would come in the form of whether officer matt kenny is charged

after a prosecutor announced he would not charge the madison police officers involved in shooting tony robinson. the young gifted black coalition called on people to walk out of work and school this morning and have called for and non-violent protests since robinson's death. >>> nearly 5 million vehicles worldwide are added to the airbag recall including the ford suv and pickup. they can deploy abnormally and to date toyota has recalled 8 million vehicles because of problems with the takata airbags. >>> coming up live coverage on the port richmond amtrak derailment. we'll have people that have escaped the tragedy. hear what happened at the moment of impact and how he used his cell phone to help people get to safety. so many stories that are coming out of this deadly derailment coming up at 4:00 and take us with you on the go if you have not downloaded our news app, can you take us with you on the go. >> your accuweather forecast is coming up when we come right back. >>> david is back with a check of the accuweather forecast. cooler today. >> cooler and windy stormtracker 6 live double scan show

in madison, wisconsin following the night police officer matt kenny shot and killed 19-year-old tony robinson. >> we had a 19-year-old african-american man slain last night. >> my son has never been a violent person. never. and to die in such a violent, violent way is -- it bastles me. >> the story begins on march 25th 2013. he had assaulted two people and running through traffic. officer kenny arrived on scene and investigators allege he was attacked by robinson. kenny opened fire leaving robinsonson dead. >> i want to be very transparent. he was unarmed. [chanting] >> my hands are stained with the blood of my nephew. we all are left to deal with the aftermath. >> i want to hold my baby. i want to let him know that i'm there. because he is alone and he needs me. >> and fox news correspondent mike tobin is live in madison wisconsin my favorite city. mike? >> and greta we just heard from the mother of tony robinson andrea irwin who said her fight is just beginning. she expressed throughout the day that what she wanted to see was a peaceful expression of anger. that's largely what you have got.

police said 19-year-old tony robinson was unarmed, but was shot after he punched the officer. the district attorney said today the use of force was legal, and he urged the community to remain peaceful. >> i am reminded that true and lasting change does not come from violence but from exercising our voices and our vote. >> ifill: tony robinson's family has criticized the prosecutor, and called today for a new march to the state capitol. "rolling stone" magazine now faces a defamation suit for a discredited story about a gang rape at the university of virginia. the school's associate dean of students sued today for $7.8 million. police have said they found no evidence that the alleged rape occurred, and a columbia university review cited "rolling stone" for extensive journalistic failings. in economic news, telecommunications giant verizon will buy a.o.l. for $4.4 billion. the move is expected to turn the nation's largest wireless provider into a major player in mobile video and advertising. a.o.l.'s holdings include "the huffington post" and "tech- crunch". on wall street today

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>> the family of tony robinson says they'll fight the decision not to charge matt kenny.obinson robinson's mother says the investigation was not thorough enough. they marched tuesday evening after getting word there will be no charges filed against the madison, wisconsin, police officer who shot and killed a 19-year-old. >> every single life, every single breath taken on this planet is worth something. >> reporter: toxicology reports that robinson had been using drugs when witnesses say he acted erratically and attacked two people on march 6th. he punched matt kenny when he responded to the scene and the shooting was justified. >> this tragicic and unfortunate death was the result of a lawful use of deadly police force. >> reporter: he said he, too, is biracial and understands the sensitivity of this case. >> it is through this lens that i approach and accept my leadership responsibilities. >> reporter: but robinson's family says the case should have gone before a jury. >> at the end of the day, the police were called in an effort to help tony and he was murdered. >> repo

be filed against a white police officer who fatally shot an unarmed by racial man. 19-year-old tony robinsont in madison earlier this year. police say officer matt kenny was responding to reports that robinson assaulted two people and was running in traffic. they say robinson attacked officer kenny. more details have not yet been released. protesters have demanded officer kenny be charged. >> lawyers for accused cop killer eric frein have withdrawn their request to have his trial moved to a new location for now. frein is charged with murder. the attack killed corporal bryon dixon and injured trooper alex douglass. frein's attorneys wanted the trial moved out of pike county saying the district attorney referred to frein as a murderer in a campaign mailer. even though the request is withdrawn the defense plans to raise the issue again later as part of a larger push to move the trial. >> philadelphia police need your help finding two men who used head lamps and a baby stroller to steal thousands of dollars in tools. this is surveillance video from the 400 block of acker street in east oak lane.

said the suspect, tony robinson attacked keny and therefore, the shooting was justified., tom brady and the new england patriots are refusing to be sacked by the nfl for releasing air from footballs in the a.f.c. championship. they'll fight. brady's four-game suspension and the team's million-dollar fine. don dahler is on the story. >> reporter: tom brady's boss, patriots owner robert kraft originally said he'd accept the league's discipline until the discipline was announced. in a statement, "far exceeded any reasonable expectation. it was based completely on circumstantial rather than hard or conclusionive evidence." brady's agent, don yee called it "ridiculous." "this outcome was predetermined. there was no fairness in the wells investigation whatsoever." attorney ted wells led the investigation. he fired back in a conference call today with reporters. >> it is wrong to criticize my independence just because you disagree with my findings. the discussion that in some way the people at the league office wanted to put some type of, you know hit on the most popular iconic

prosecutors say officer matt kenny used lawful deadly force last march during a violent struggle with tony robinsonafter robinson, out of control from being on drugs, they say, punched him in the head. >>> new england patriots quarterback tom brady expected to formally appeal his four-game deflategate suspension today. an nfl hearing on the matter will likely take place within ten days. meantime, attorney ted wells, who wrote that deflategate report, he is firing back at critics saying he found direct evidence brady knew patriots staffers were deflating footballs. wells also said brady didn't fully cooperate with his investigation and that he refused to turn over his phone records. meantime, deflategate seems to be good for business. fanatics, the largest retailer of licensed sports merchandise, says sales of tom brady gear have spiked 100% since brady's suspension was announced on monday. >>> all right, when we come back, a man saves a dog from a hot car, but now he's the one being charged with a crime. >>> also, take a look at these two shirts. can you spot the difference? we'll tell you why that

officer matt kenny opened fire on tony robinson during a violent struggle in march.ision is not based on emotion. rather this decision is based on the facts as they have been investigated and reported to me. >> and prosecutors say officer kenny used lawful deadly force fearing for his life after he was staggered by a punch to the head from robinson who they say was out of control from an lewisnogenic drugs. >> severe weather for millions of americans across the middle of the country with rains triggering flash flooding even spawning funnel clouds. this is one you're seeing in texas. this is near the beach. more storms are on the way. ryan owens the latest for us now. >> large parts of the lone star state are flooded. the water stretching for miles in this town south of dallas with more rain in the forecast there's concern these choppers may soon be back in the air. these teenagers tweeting from their submerged truck. the ground in this state is so saturated, this cliff south of fort worth collapsed into the lake below. >> help, help. >> and this being texas, it's not

protestors floold the sheets after a madison wisconsin police officer is cleared of the murder of tony robinson in march after robinson attacked him and three other people while high on drugs. they decided the use of deadly force was justified. the robinson family now plan to go file a civil lawsuit against the madison police department. >> oo the man responsible for the report on deflate gate and tom brady's suspension mrashing out at critz ticks. he said the smoking gun text messages between the two patriot employees are the direct evidence he used to reach his conclusion. >> the decision in this report was one thing, it was the evidence. i could not ethically ignore the import and relevancy of those text messages and the other evidence. >> the patriots spendingending a strong message showing support to tom brady. his picture on facebook, twitter and instagram pages. >>> now to extreme weather to talk about. the flooding new jerseyemergency in parts of texas not over yet. brand new video shows one family desperate attempt to save their ranch from the raging flood waters. >> keep hollering at

officer matt kenny shot and killed tony robinson back in march. kenny told investigators that robinson punched him in the head and he feared for his life. >>> a dean from the university of virginia is suing the magazine. the dean nicole ramo filed a defamation lawsuit against the magazine and against the author. she said it cast her as a chief villain and suggested she discourage reporting of an alleged rape to police because she was worried about uva's reputation. >>> a law enforcement source calls it one of the most violent crime scenes in recent memory. tonight we're learning where the investigation is moving in a double murder in a quiet rockville neighborhood. pat collins is in the neighborhood with more on this. pat? >> reporter: because of what happened here many people who live around here are now on high alert. the double mother's day murder at this house on ridge drive in rockville has changed the way some people live here jackie meltser has been in this neighborhood for 24 years. >> i am locking twice and checking twice, and it definite