Transcripts For CNNW Erin Burnett OutFront 20150409 : vimars

CNNW Erin Burnett OutFront April 9, 2015

The final minutes ledding up to the deadly shooting of walter scott, a black man shot four times in the back by a white Police Officer. In the video scott pulls over in a parking lot. The officer approaches the car and goes back to his squad car. Questions arise at the time about whether scott owns the mercedes hes driving in. So you dont have any paper work in the glove box . No, sir. No registration no insurance . He has all that stuff. A short time later scott opens the door to the car. You see him here. He takes off running and fast. This as a new eyewitness to those last minutes come forward to cnn. She describes a confrontation that came before the shooting. I dont know if it was a fight but it was a tussle. When i came to the corner of the advance auto parking lot and saw them it was a tussle. Also tonight, the mother of officer slager breaks her silence in tearful interview with abc news. I cant imagine him doing something that its not like him. Thats not his character. I just have to i just i gist have to let it be and hope god takes care of everybody involved. Not only my family but the scotts family. Because i know they are grieving just like im grieving. Two grieving families. A lot to get to tonight. We begin with jason carol who is in North Charleston with the new dash cam video. Take us through this video step by step. Its the moments before the shooting. Theres a lot of new information in there. Reporter weve watched it and i know youve watched it. It gives a minute by minute moment by moment account of what happened during that initial traffic stop. Investigators call it a key piece of evidence to help them explain what happened that day. This is the dash cam video from officer Michael Slagers patrol car. It showed what happened leading up to the traffic stop that ended in the deadly shooting. The video shows him following scott who is driving a mercedes. Hes pulled over still a routine traffic stop for a broken taillight. The officer approaches scotts car. License and registration. Reporter slager returns to his patrol car and for a moment scott gets out. Stay in the car. Reporter hes instructed to get back inside his car but then momentums later scott makes a run for it. Slager gives chase. The dash cam video does not show the struggle between scott and slager nor the Fatal Shooting that followed. Nothing in this video demonstrates that the officers life or the life of another was threatened. The question here is whether the use of force was excessive. [ gunshots ] reporter the cell phone video captured by bystander still the most compelling piece of evidence. It shows the officer shooting scott in the back firing five times and radioing dispatch saying scott grabbed his taser. Subject is down. He grabbed my taser. Reporter the investigation in the hands of the South Carolina Law Enforcement division or s. L. E. D. Scott was not alone when he was pulled over. He was with a friend. Investigators at s. L. E. D. Will want to speak with him as well. According to the Police Incident report an officer who responded says i also spoke to the passenger of the vehicle that was stopped. The passenger was we tandetained. He was later released. An attorney for scotts family says that passenger who has not been identified did not see the shooting. Investigators will also review the Police Accounts of what happened. If its determined that multiple officers attempted to cover for the shooting officer and its shown those reports were false, this will be a devastating blow for Law Enforcement everywhere. Reporter you look at that dash cam video, jim, and questions arrive in terms of why scott decided to run. According to the Charleston Court documents scott owed more than 18,000 in back Child Support, had not made a payment since july of 2012. There was a bench warrant issued against him. Perhaps thats one of the reasons why scott decided to run. Investigators also trying to determine why slager decided to shoot. Jim. Scotts brother raised that very concern last night. Thanks very much to jason carol. Tonight, retired nypd detective, attorney daryl parks. He represents the family of michael brown. We also have cnn legal analyst. Tom, i want to start with you. This new dash cam video shows the initial traffic stop between the officer and michael scott. We see scott open that car door and run. This is the second time on video we see him run. I wonder from the police perspective, when a, i dont want to say suspect because we dont know if theres enough information to call him suspect but a person of interest runs from you, whats the protocol . What right are you taught you have to use there in response . Clearly, in this case we had someone stopped for a traffic infraction. Light was out. Brake light was out. Just a minor every day traffic infraction. The officer comes to find out hes wanted on a bench warrant. He has to arrest him. You say the officer knew he had warrant out. We dont know. All we can tell theres questions arise about who owns the car. He didnt have insurance and registration. That will raise his level of suspicion to whats going on hes got the taillight out. Thats going to raise my suspicion and think does he own the car. Is he up to something . Im going to review and if everybody checks out then he gets a summons. At that point he runs. Once he runs something a little bit beyond that is going on. As a Police Officer are you told to chase him. He runs and you chase him . I would attempt to get ahold of him for sure if i can do that. Paul legally, you have him. Hes stopped at a traffic stop here. Hes got a brake light out. No threat from the brake light. Its a question of why hes running. Later in the video the shooting video we see him running from the cop as well. From a legal perspective, is deadly force or any kind of force justified based on what youve seen in the videos in the two videos now . No i dont think so. I say that because this is a rapidly evolving situation and the officers right to use force can change during the course of the situation. He had a right to run after him to find out what was going on why he was running. He had been stopped to be given a ticket and hes running to avoid that. Maybe the cop over the radio heard about the warrant. We dont know a lot about that. If theres a second confrontation where the two men tussle. We heard the witness identify that. You can also on this video, you hear some audio in the video later. Its off camera but you hear something of a tussle and you hear the word taser mentioned. Had the officer been struck by mr. Scott during that tussle, the officer would have had the right to use force to defend himself, including the use of his weapon if he felt that he was under that kind of a threat. Even if that tussle because based on the time line the tussle thats off camera happens a couple of minutes before possibly several minutes. Im not talking about the final shooting. Im saying if he had used force at that time because he was afraid for instance the suspect was trying to take his gun, was trying to hurt him, possibly force could have been used at that point. I said evolveing situation. The suspect runs again and puts a consider amount of distance between himself and the officer. The suspect is unarmed. He doesnt appear to be endangering anybody else and the officer shoots him as many as five times in the back. Thats an excessive use of force under the circumstances because at this point in time the suspect poses no threat to the officer what so ever. You have some space and time. Thats correct. You have to evaluate it at each step in the proceedings and at that final step when the shots are fired it doesnt appear to be justifiable. Daryl, in that dash cam video we hear the officers original conversation. Lets have a listen so our viewers can hear. You dont have any paper work in the glove box . No, sir. No registration or insurance . He has all that stuff. Youre buying the car . Yes. Daryl does that raise any questions for you . Im not making a leap to say theres any justification for deadly force, just about the sort of progression of reaction from the Police Officer. He stopped for a broken light. Now theres questions about who owns the car. Then a possible tussle does it change the way you see this case at all . Not at all. When you listen to the questions by the officer initially they are the typical questions you would see in traffic stop. All of that seems to be well within line. The answers to the questions, when i get stopped i say i got insurance and here is the registration. He has a wishy washy answer to who owns the car. Its obviously an issue. Its not clear to what the issue is. None of those issues have anything to do with the tape that we ultimately see and the death of walter scott. Fair enough. Thats something to be clear. Theres a considerable amount of time to allow for decision making. Tom, we were talking earlier, you were on the force for 22 years. You describe violent encounters you had with people but you also said you never fired your weapon during your time. You can still be in a tussle and that doesnt lead to justification of deadly force. Whether or not you have the ability, it all depaendsends your threat level at that point. Here it seems there were a couple of options. He could have chased him again. He could have called over the radio to have someone intercept him. He could have done both. To go right to Deadly Physical force, that didnt really seem like the first viable option to choose based on what we know. Talking about escalation. This was a massive and very quick escalation of force. It happens sometimes but there has to be a justifiable reason for that in order to use your firearm. Raises some interesting questions. Tom, daryl, paul great to have you on. Appreciate your analysis. A new witness is speaking out for the first time. What did she see in the moments before the shooting . That exclusive is coming up. Did officer slager try to plant a taser gun by Walter Scotts body after the shooting . New details on that shooting next. A large and extremely tornado just touched down in iowa. Tonight, Severe Weather across much of the country. A live report is coming up just after this. The garden is the story of our lives. Told and retold. Its as old as our time on earth. And as new as tomorrow. You can have a yard. Or slightly less. Gardening isnt about where we choose to live. Its about how we choose to live. Miraclegro. Life starts here. Push your enterprise and you can move the world. But to get from the old way to the new, youll need the right it infrastructure. From a partner who knows how to make your enterprise more agile, borderless and secure. Hp helps businesses move on all the possibilities of today. And stay ready for everything that is still to come. Mpls welcome back. Is shooting death of an unarmed black man by a white Police Officer in South Carolina. A new witness speaking out. Gwen nickels says she saw how it began. She witnessed the crucial moments after he was pulled over but before he was shot and killed. Bryan todd spoke with her and has much more of her account. Reporter the video of Walter Scotts shooting not only shows the end of his life, it shows tend of a confrontation that began yards away. She saw how it all began. She followed them to the advance parking lot where advance Michael Slager pulled him over. I didnt hear him saying stop or halt. Reporter thats when she saw a physical confrontation. Before what you saw on the video tape there was like a little tussle over there like at the end of that gate down there. Were they on the ground rolling . No it wasnt on the ground. It was like a tussle type of thing like what do you want or what did i do type of thing . Reporter she she has yet to speak with police. Newly released vid yes shows scott car pulling over. Slager having a conversation and later scott opens the door and takes off. Why would scott have run . Faden santana said of one possibilities. Before the video, i saw he was trying to get away of the taser. His reaction was just to get away of the taser. Reporter the confrontation ended up a long way from where it started. More than two football fields. So far it appeared he was the only bystander in the immediate area where the shots happened. This house abandoned. This is the spot where faden santana picked up and started filming. Gwen says her son has a run in with the police after a routine traffic stop. She said chef overwhelmed when she heard the gunshots that killed walter scott. I started to cry. Sorry. I started to cry because i thought about the altercation with my son and it could have been my son. It could have been any one of these young black young men around here. Reporter she says she Still Believes theres a lot of good Police Officers in North Charleston but they have to do more community policing. Just more kind of pounding the beat on foot and getting to know neighborhoods on daytoday basis. Theres one other important witness in this case. Thats the passenger who was in Walter Scotts car. So far we have not yet heard from him. Jim. No question. We see the passenger in the dash cam video. Thanks very much to bryan todd. Pastor thomas dixon has been meeting with the family. Hes going to join us in a moment. First i want to go back to paul. One of the new pieces of information plus speaking to that eyewitness is there was a tussle before we get to that infamous video of the actual shooting. I just wonder does that in your view as lawyer decrease the chances of murder and start bringing up other lesser charge manslaughter et cetera if you had some sort of confrontation before . Let me talk about how Defense Attorneys for the Police Officer will handle this. They will say this is not a murder case because in murder cases in South Carolina you need malice aforethought. Thats the word they use. In other states they call it premeditation. Defense attorneys will say this was a heat of passion shotting. Its something he did suddenly after an altercation, physical at altercation with the suspect. That would constitute manslaughter and it makes a huge difference in sentencing. Even fp it took place some time. He had some time to think about it. Its a couple of minutes removed from it. You can form the intent to kill and premeditation quickly, matter of seconds you can form it. Jurors being sympathetic to Police Officers as they usually are might say its a heat of passion killing. Its bad judgment by the cop. Ooip thats how Defense Attorneys will urge the prosecutor to go lighter in this case. New information coming out every day. Pastor dixon youve been very outspoken against the Police Department here. You think this is cut and dry that the officer had no reason to shoot walter scott. You hear this new witness and see the dash cam video, does it change your mind at all . No. I believe officer slager mike slager had no right or reason to feel it was okay to draw his firearm and level it and fire at this fleeing suspect. Theres no reason that i can see why walter scott is dead today. Pastor i want to ask you because were hearing from officer slagers mother. Here is what she told abc news a short time ago. I want to get your reaction. I cant imagine him doing something that its not like him. Thats not his character. I just have to i just have to let it be. I hope god takes care of everybody involved not only my family but the scotts family because i know they are grieving just like im grieving. She says two grieving families. I wonder what your reaction is. Its heart wrenching to hear how her heart feels at this particular time. We must take into consideration theres another mother who has lost her son and will never see him again. At least she can go to where ever he winds up and visit him. The other mothers son shell never be able to visit with or hug or to caress anymore in life. Any way that i look at it, the mentality of an individual who will in cold blood fire eight shots at an individual who is fleeing from him, an individual whos worst crime was the fact he was stopped randomly with a criminal background that included failure to pay Child Support and driving under suspension and he had to flee for his life and then a sentence of life was doled out by this officer. You cant discount that. I dont understand what kind of mind would do that. Theres a Legal Standard for for can you explain the standard . There was a doctrine called the fleeing felon doctrine. If you run away from the cops theyre going to shoot you. Everybody knows that. In 1985 the Supreme Court of the United States says you cant take a persons life because they are running away and committed a felony. That person has to pose a substantial threat to the officer or to the community. Only then can you use Deadly Physical force. I dont see any threat to the officer. I see no threat to the community and i dont think he has a viable defense to some kind of a homicide charge where its murder or manslaughter. That will be up to grand jury. Pretty clear cut judgment in your part. Pastor dixon i know you met today with the scott family. Tell us how theyre doing. Theyre holding up well. Theyre holding up well by their faith. Their faith and the fact they will get through this. Their belief in everything happens according to the will of the god they serve. Even with the loss of a loved one they can move forward knowing and believing that out of his death something good will happen. That something good they are expecting to happen will be that there will be a new sentiment across this country that will stop the deaths the senseless killings of africanamerican males that have gone uncheck and unreserved for many many, many years now. Searching for meaning in all this. Thanks very much. Next, a key issue. Did the video show the officer planting a taser beside scotts body. A report on that is next. His eyewitness account of the

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