Charges in the wake of the ferguson riots. Michael browns stepfather, lewis head. Its this outburst right after the grand jury decision not to indict Darren Wilson that is at the heart of this investigation. That is exactly what happened. That night angry protesters burned businesses and police cars. Could he be charged with attempting to incite those riots. Protests are continuing today. Hundreds of students walked out of school this morning their hands in the air accompanied by their teachers. Cnn has also learned that off Duty Officers have been providing round the clock protection to Darren Wilson since the shooting. The reason according to a Police Union Leader is Ferguson Police are unwilling or unable to provide that protection. We begin that coverage tonight in ferguson. The focus now is on, we just played it. We kept saying burn this down. Michael browns stepfather. Good evening. Important to also point out that police are looking into every angle. Any person that could have been responsible for the damage here in ferguson, but yes they are looking specifically at the comments that you heard, caught on tape and the question could a singular voice helped to shift the mood here and lead to the looting and riots. A Police Car Set on fire. Images of officers using smoke and tear gas to disperse the crowd. Scenes of unrest and looting. These are the images sered into the minds of people who watched events play out in ferguson, missouri, just minutes after the announcement that a grand jury decided not to indict Darren Wilson. But was there a singular moment . They are now investigating whether in this moment caught on tape, Michael Browns stepfather was trying to incite a riot. Regrettable comments according to browns mother in an interview with cnn, she tried to put it into context. His emotions was taking over him, just like mines. He just spoke out of anger. Its one thing to speak and its a different thing to act. He did not act. He just spoke out of anger. Im a grieving mother. Thats my husband. When youre that hurt and the system has did you this wrong, you may say some things as well. Weve all spoke out of anger before. At this point, no charges have been filed, but police plan to interview head and have already interviewed people who know him. Browns family attorney condemned the outburst when it happened and again on cnn. And its indefensible. It is not appropriate in anyway. We dont condone peek acting on emotion, calling for people to do irresponsible things at all. And so, we want his family, his mother and father message to come across louder than anybody who might be associated with him or around him. They cant control what others do but they can control what they pray for. George howl, cnn, ferguson, missouri. A former nypd officer, dan, you just heard Michael Browns mother saying look, her husband doesnt act on that hateful comment, she said it was just a moment of emotion. He was speaking out of anger, that everyone does that. Do you think he should be charged . Sadly, yes, i do. And it gives me no joy to say that. Im sure he was hurting. I completely understand. Im sure the mother was in unspeakable pain. She lost her son. But you have to remember, erin, that doesnt give you permission to go out there and call for burning something down. Keep in mind he wasnt talking about burning down his property, he was talking about burning down everybody elses property. When he asked for the mic, that proves intent. He didnt say it once or twice. He did say it multiple times. Youre right about that. There was damage being done before he spoke. If you look at the timing, there were already crowds in the streets and people with there with the intent to do harm. He spoke two miles away from the worst of the damage. The people right around him who heard what they said, did they go do this . He was two miles away . Is he a convenient scapegoat for what happened . I appreciate the context. Youre correct. But that doesnt absolve him of his specific actions and his criminality. Those other people are going to have to be tried separately on potentially separate charges whether it be looting, petty larceny, grand larceny. Is he a scapegoat . No. No one forced him to say that. If he had said it once out of anger and then went on and screamed and yelled something different, everybody would get it. I counted about six or seven times and then he asks for a microphone. I think the context hurts his case, doesnt help it. There had already been incidents of burning things down. Don lemon is joining me on set. Here is dan making the case, he said it again and again and again. Hes not a scapegoat. Yes he was going through pain but sadly yes he should be charged. There are others saying the kkk was out there distributing leaflets. There are enough charges to go around. I want to make this clear. No one is making excuses for what lewis head said. It was reprehensible. Where i come from, this, i dont know how i would react if my loved one died regardless of the circumstance. If my loved one was in the wrong, i dont know how i would react. And also jeffrey says this all the time and i think its poignant. These are ordinary people who were forced for whatever reasons into extraordinary circumstances. He should not have said what he said, but if hes going be charged there are enough charges to go around. By doing this, this is my opinion here, by doing that it would be pouring gasoline on a fire thats already been ignited in that community. Dan, what about that point . Lets just say there are charges enough to go around. Lets say he should be among those charged. What about that point that don makes about it being gasoline on the fire . That that could make it worse. Is it worth it . The question i would have for don, is do the Property Owners and taxpayers of ferguson who now have to buy new police cars, do they have rights . Of course they have rights and i have spoken out very strongly. I havent finished. I know you havent. Then how can you answer. I was in the middle of it. So no one knows better there are very few people who know any belt better than i do. I was a cop. You were not a cop in ferguson. You were not there. You werent a cop ever anywhere. What does that have to do with anything . I have had people screaming in my face and spitting in my face for many years. What does that have to do with lewis head . You didnt let me finish, by the way. Do they have a right . If they dont have a right to protection, whats to stop. Of course they have a right. Whats the point. You obviously have all the answers. Don is making a specific point which is why would you make the charges just against him . Why would you who said that . I did not say that. I think anybody you brought up the point initially of a white supremist group. If they distributed leaflets that started riots or violence, they should be locked up and thrown in jail. Do the Property Owners have rights to be protected by the police and if this individual is not at least arrested. Im not saying convicted. If he is not at least arrested there is no penalty for getting a microphone and telling everyone, hey, burn the neighborhood down. You sound exactly like the people who say that officer Darren Wilson should be arrested. Officer Darren Wilson was put through a grand jury hearing and probably cause wasnt found. I dont know what else to say about that. Perhaps lewis head should be put through a grand jury. What im saying to you. What he said is reprehensible. I have spoken out against all the violence and the people out there looting and rioting. But to pick out this one person because of some angry remarks that he should be charged, i think we need to think twice about that and step back off the ledge and cooler heads should prevail. We agree. No one is saying that. Im not saying he should be picked out. Let me be clear on this. Any responsible for engaging in criminal acts that put a price on someone else whether it be a property burned down, whether they were assaulted, should be arrested and put in front of a trial of their peers. Im not singling him out but he has to be responsible for his behavior. I agree with that. There is plenty of video and plenty of people who know who the looters and rioters are and those people should be arrested. As you point out they should be able to find out exactly who those people are. Next autopsy results show that Michael Brown had marijuana in his system the day he was killed and quite a lot of it. Could the drug have fuelled the entire situation . Bill cosbys accusers still speaking out. How he may have worked an exclusive deal. I will give you an interview if you dont print the allegations of rape. And they are called bath salts but they are dangerous. 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The show of solidarity has become a rallying cry for protesters who believe that Michael Brown had his hands up. Questions have been raised about whether it was the marijuana in browns system that may have contributed to how the 18yearold reacted that august afternoon. Ken is out front. Thats fantastic. At this los angeles medical marijuana clinic its not just the potential Healing Properties that are being defended. My personal experience, i have never felt a negative bone come out of me when i was medicated. Mike, this clinics so called bud tender, is addressing what he says many experience while on the drug. Marijuanas role in behavior was a significant question in the confrontation with Ferguson Police officer Darren Wilson. The medical examiners toxicology report detected delta 9 thc. That is the ingredient that causes a psychological effect. At this pro pot clinic. There is very little that the body is reaking from with having 12 nano grams of thc. Its not that simple. Very difficult to interpret toxicology reports and infer behavior from them. As the grand jury learned, much of marijuanas effects on behavior is not able to be measured and the grand jury transcripts the word marijuana comes up more than 300 times as prosecutors considered whether browns marijuana use influenced the confrontation. Expert witnesses testified there is no way to know how marijuana would have affected brown just based on the toxicology report. His weight, history of usage all come into play. Dr. Ber net Whose Organization supports decriminalizing marijuana says there is a reason why. Scientists are unable to conduct robust studies and research around this as we are seeing Marijuana Policy reform occur across the United States. There will be more opportunities for scientists to conduct research and ultimately we will be able to coalesce on a value that will determine impairment and intoxication. Its amazing. There are so many questions about this this country has moved in the direction of saying its okay to have pot in your system. Drivers with thc levels of 5 nan grams can be charged with a dui. Does that mean he was two times impaired . Not exactly. And not necessarily because as you just heard from the doctor is that it is variable and very much difficult to measure by a dui system. The measurement of how drunk you are is very different than how you are if youre impaired on marijuana. So there has go to be a standard. This autopsy just touches on that and you touch on a very important issue. Law enforcement is struggling to keep up, doctors are struggling to keep up because the changes are happening on the state level and all of these standards are struggling to keep up. Thats amazing. Out front is Darren Wilsons attorney. Its good to talk to you. You just heard the stats. The word marijuana was mentioned more than 300 times to the grand jury. The germ waxing used at least 44 times by our count. Why would this happen . Why would prosecutors continually talk about browns marijuana use . Well, i have read the transcripts and i think the prosecutors were talking about them because the grand jurors were asking questions. The grand juror in this capacity acted as an investigative body as well. When this information is brought to them by the toxicology report and then later on by, i cant remember which number the contractor is who talked about waxing, when these kinds of questions are brought before the grand jury, asking questions about what this means is a perfectly appropriate thing for them to do. So again, i agree with the information you have put forward. We really cant tell. I dont know that it made a difference one way or another in the events as they unfurled that day. This information has to be answered and i think thats what they were doing. One of the things that surprised me reading the testimony, you talk about this contractor, he was at work and saw Michael Brown and his friend walking by he believes on their way to the convenience store. They were a brief discussion about pot and then he said Something Like you should try waxing. Given that they blew him off and kept on walking, i was surprised to see that there continued to be questions from the prosecutor about what waxing was because it didnt seem it was really relevant. Play that to the grand jury. While it becomes more prevalent. I have no idea what the grand jurors idea or knowledge of marijuana exits effects are. You have to play that into this, too. For most grand jurors, this is probably a novelty. They want to know those things and ask those questions and i think it was appropriate for them to do it. Neil, do you think that marijuana played a role in what happened that day and what Michael Brown did in the struggle . I dont know, i would like to tell you yes, but i simply dont know. In listening to the story as i was waiting, hearing i have never felt a negative bone in my body. We do know that a few moments before the encounter that hes in the store and there is no way to argue that that behavior was not aggressive. We have to realize that whatever was going on it was before his encounter with Darren Wilson because that video tape doesnt lie. And i want to ask you about the rams. The st. Louis county Police Department is at odds over whether the team actually abjazzed. The five players went out and put their arms in the air in a motion of surrender sunday. The players in their words chose to ignore the mountains of evidence and they say the team later apologized. The team says they did not apologize. Why do you feel the players were wrong in doing what they did . I dont think theyre wrong in what they did because its america. They have a right to make a statement but they need to understand what that statement means. So again, the narrative that we have complained about and the reason we think they are wrong is because there is a false narrative. We know that the information we have about the hands up dont shoot came from dorian johnson. If there is one witness that has been discredited its been dorian johnson. And the sad thing is that has become the symbol. And reports said you cant rule out what his arms were doing. It doesnt seem there is a definitive answer. When you listen to what michael said, who was hired by the brown family and came in and spoke on his first autopsy or his first discussion of this, he said all indications are from the front and the medical examiner said they are all from the front. Only one person didnt say they are all from the front and he didnt do the autopsy. I think the forensic evidence and forensic evidence disputes that argument. They have a right to make that statement. I dont challenge the right to make a statement but there are consequences and they need to understand that. If they really wanted to make a statement, why havent they been up in ferguson. I have been in ferguson. I havent seen them. If they really want to make a statement about unity, why arent they up there . Thank you very much, neil. I do, to that point for our viewers, is that the players from the rams were advised to remain out of ferguson during protests. Post protest were not sure. As we mentioned the fact that Michael Brown had marijuana in his system is a major point of debate. Sanjay cougupta is out front. Can you put 12 nanograms into context . In one state, 5 gets you a dui so 12 sounds like a lot. It is challenging with marijuana as opposed to alcohol. Someone