Deciding whether this officer did anything improper. And tonight, the Governors Office responds and attempts to clarify, but on video, the governor has already called for the officer to face prosecution. The breaking news, the ramifications, the analysis of team fox coverage begins now. This is a fox news channel, im shepherd smith, its 11 00 on the east coast. 10 00 p. M in ferguson, missouri. And hours before the grand jury is expected to meet, to consider possible charges against a whit missouri spells out what he thinks the jurors should do. I think prosecution should be pursued. The prosecutor and attorney general of the United States have a job to do. Their obligation to achieve justice in the shooting death of Michael Brown must be carried out thoroughly, promptly and correctly. The governor of missouri in a video his own office released. The governor reading from a prepared statement, calling for a vigorous prosecution in the shooting death of Michael Brown. That is what protestors have been demanding. Ten days ago, Police OfficerDarren Wilson shot the 18yearold. According to accounts brown was either raising his hands or charging the officer after grabbing for his gun. The Prosecutors Office indicated a grand jury may begin hearing evidence tomorrow to determine whether the officer should face charges. Michael browns mother says his arrest would calm the protests, which continue right now. A live look along florissant avenue, the crowds are gathering and shouting hands up, dont shoot. So far tonight the situation appears relatively peacefully, thankfully. Yesterday, protests evolved into a tense confrontation. First, calmer heads prevailed several demonstrators formed a human chain, pushing back aggressive people, soon after, reports of small numbers of people throwing molotov cocktails and in cases, firing guns. Investigators report the gunfire injured at least two people last night authorities responded by firing tear gas and making arrests, suggesting they arrested more than 70 people the number is now at 52. They say most arrests were protestors who refused to disperse after Police Ordered them to keep moving the documents shows only four of those arrested live in ferguson. 14 from out of state the remainder, they say in nearby towns investigators say a small group of violent agitators is hiding in the mostly peaceful crowd trying to create chaos. As the sun went down in ferguson tonight, the Police Captain asked people to remain calm. They were throwing bottles into the back. Too often, weve a lot of focus, some of us lost our focus. I think that some of the questions we have are about the focus, the real focus here, were losing our focus. Attorney general eric holder says he will be in ferguson tomorrow, he reports dozens of fbi agents are already there. He wrote this is my pledge to the people of ferguson. Our investigation into this matter will be full, fair, and independent. That is not what the governor said on video tonight. He called for a vigorous prosecution and for justice for the deceaseds family. I spoke with his press secretary within the last hour. He said there is nothing to correct on the statement, the Governors Office stands by it. Yet, at the same time, said the investigation should proceed, and if the evidence calls for prosecution, then prosecute. In other words tonight one message from the governor to the people. And the future grand jury, for that matter siding with the protestors with the officer and others standing by the video with nothing to correct you wonder why there is confusion in ferguson. Well hear from a Police Representative and from our own judge. First, team fox coverage of the fury in ferguson. Our mike tobin and steve harrigan. Smaller crowds tonight . A different attitude . Is that fair . A Different Number on the ground tonight. Id say a fifth of what we saw last night a few hundred people out, separating protestors from police. Sometimes, just a few feet. Were seeing sirens go by. Looks like some people are getting arrested now the mood is angry, still. Especially among those in the front of the line. I wanted to ask you, anthony who live on the same street where Michael Brown, the murdered man, lived, when people walk by police, they raise their hands, hands up, dont shoot. There seems to be a hatred between the people protesting and the police. They look at them. There is hatred there. They hate because the police are being in the st. Louis area so aggressive to some of the African Americans in st. Louis. Are you going to try who is causing the violence here weve been seeing . Weve been seeing things thrown at police how are you going to try to stop that . The same way we tried to last night. You know . Pushing people back. You know . For people wont get hurt. You know . And we are not those that are throwing bottles and pointing them out to the police, letting police now. Were trying to have a peaceful protest out here. So if youre throwing something at the police we dont mind the Police Taking you. We want our protest peaceful. So the world can hear our voice. Can you spin around, dutch . Looks like those police under action right there, making more arrests. So far, fairly calm, but that could change as it did last night. Shep, back to you. Lets listen to mike tobin. Just down the street a different scene today . Or similar from your reporting . A different scene. Steve is up close to the core of marchers making their character yil around west florissant avenue. Police are pretty relaxed their gear by the side, batons and shields on the ground. Action is over on the other side of the street at the moment. We do have a Smaller Group but a more concentrated group. Everybody out here tonight didnt heed the call of the local leaders to stay home. Everybody who is out here tonight knows that every night, except one, there has been trouble and they elected to show up anyway. Theyre anticipating some kind of a clash as probably why theyre here tonight. Or they, they know to look for it. Rzank you very much, mike tobin. Events warrant, well go back live there. Next, a video statement from the missouri governor. Get justice for the deceased family, a vigorous prosecution must be pursued, he said. Ill tell you about his press secretary standing by the video. Missouri Lieutenant Governor is a political rival of the governor who says he doesnt approve of the way the governor, Governor Nixon has been handling things in ferguson. Hell talk with us live to explain what hed do differently, and what he says needs to happen next. Also, horror in syria. An american journalist, beheaded by the isis militants. Marching across syria and iraq with american weapons. That is the claim. There is video of the execution. And a threat against more americans. Tonight, well hear from the victims mother. That is coming up in live coverage from the fox news desk on fox news channel. When you told me about this candy crush game at first i thought so what . , but now i cant stop playing. Thats not how it works. I mean its so simple. Its like my Car Insurance. I saved 15 in fifteen minutes. Well esurance could have saved you money in half that time. Three in a row sweet 15 minutes for a quote isnt so sweet. Level 2 start with a quote from esurance and you could save money on Car Insurance in half the time. Welcome to the modern world. Esurance, backed by allstate. Click or call. More now on the tensions in ferguson, missouri the Lieutenant Governor told a Radio Station the governor has appeared tentative and sometimes, weak and confused. He said the governor should have called up the National Guard several nights earlier than he did. Governor nixon, seen here, is a democrat. In missouri, voters can elect governors and Lieutenant Governors separately they dont need to run on the same ticket. In this case they did not. Lieutenant governor peter kinder, who is a republican joins us now. Thank you. Thank you for having me on, shep. Id like to play what the governor said tonight in a prepareed and written statement that he read for the people. Listen. Ten days ago, a Police Officer shot and killed Michael Brown. In broad daylight. We have a responsibility to come together and do everything we can to achieve justice for this family, a vigorous prosecution must now be pursued. St. Louis prosecutor and attorney general of the United States each have a job to do. Their obligation to achieve justice in the shooting death of Michael Brown must be carried out thoroughly, promptly, and correctly. Justice for the deceased family and a vigorous prosecution. Mr. Lieutenant governor is there a possibility there might be a need for justice for the Police Officer who says he cannot even leave the house . This Police Officer whose case seems to be that this deeased man, at one point went for his gun, then ran, then turned and charged him, is it not possible the justice should be for that Police Officer . In this . Or has this already been decided and were not aware of it . Well, shep, its really heart breaking to see a man elected to an office that high in our state government, the chief executive of Missouri State government come out with a Statement Like that that does prejudge the case. Ive been asking for everyone to step back for a rush to judgment. Our governor is a lawyer, shep now more than 30 years. Meaning he went to three years of law school, took the legal ethics course. Took criminal law. And crime fal procedure, passed the bar, then practiced. He was 16 years our attorney general. Twice elected governor. So six times, hes taken the oath to defend the constitution, including the bill of rights, of the United States of america and the state of missouri. That means justice for all, that means justice for everyone. We have a Legal Process that is set up to ensure that. It involves impaneling of a grand jury which will sit tomorrow. Just as you and i, and the governor were not there saturday afternoon, the 9th of august when this awful incident went down, we will not be sitting on that grand jury. It would be wrong for a prosecutor to say what the governor said here tonight and its wrong for the governor of missouri to have said it. Mr. Lieutenant governor, i spoke with the press secretary for the governor tonight he said to me, among other things quote, i dont believe there is anything to be corrected. Quote, we stand by the statement. Yet said to me what he meant was justice in this case he meant if there is evidence it should be presented but on kmov, and ktbi and the rest of the stations in st. Louis tonight, the governors speech will be no doubt heard. What the governor said is that there should be a vigorous prosecution in this case and what the governor said was there must be justice for this deceased mans family. And further, one of you, youre a republican, hes a democrat. Is this political feuding between two of you . You speaking out against him . Is that helpful . Were each, im trying to do my constitutional duties here, shep i took the same oath he took, to defenld the constitution of the state of missouri and United States. And that means justice for all im not going out of my way to shoot at him i have spiked my guns on many things i could have said this week. I do believe we should have had a curfew earlier. I do believe it should start earlier in the evening before midnight. Mr. Lieutenant governor, i spoke to what the police union had to say to megyn kelly, listen. Very disappointed to hear those words coming from Governor Nixon we welcome a investigation. Unfortunately, justice has to go both ways darren has beenj vilified with minimal facts made public. Here from our judge napolitano tonight, it is a quote, rare crude and highly inappropriate, no grand jury should be meeting in the midst the decision to prosecute must be a sober, not a political or reactionary one. Tensions are very high. Is there not a great deal of pressure on men and women serving on this grand jury . Men and women who heard the governors statement, potentially tonight. Is there too much pressure to be meeting at this moment . At this time . I might have an opinion on that or might not its not going to be my call so im not going to opine on it. Right now its prosecutor bob mcallah to be the county prosecutor. Hes the guy who has the decision on, im not sure youre aware of this. He could have prosecuted on his own. I am ware. Without taking it to the grand jury. He, wisely in my judgment, elected to take it to a grand jury. That means people of st. Louis county will have a say, the people who are impaneled on that grand jury. That is a safe guard for all concerned in our Legal Process. A Missouri State senator has said if there is no indictment, if there is no indictment, the unrest weve seen in the streets will pale in comparison to what is coming. Is that not another push on this grand jury . I ask because im farthest thing to what im doing is try toing take sides would never do such a thing. Very no idea what happened there. But it seems to me there is no way for anyone to really know what happened there except people who were there. One of them is dead. Other of them are people who say they were eye witnesses. From my 25 years, eye witness accounts are often wrong. The other is the Police Officer who pulled a trigger from whom we have not yet heard. And yet, a state senator has said if there is not an indictment of this Police Officer, the action in the streets will be worse i wonder who is in charge . Whether any of this serves public good. Well, the heated rhetoric does not serve the public good, shep, i tried to shy away from what. And just un. 3 anything to be corrected. There is other news tonight. Its frankly horrifying. Islamic state militants say they beheaded a american journalist, now threatening the rest of america. Details from overseas, next. [rob] so weve had a tempurpedic for awhile, but now that we have the adjustable base, its even better. [alex] when i put my feet up on this bed, my stress just goes away. [evie] i go up. Heeeeyyy. [donna]our tempurpedic is the best thing in our house, cept for my husband. [lauren] wait,wait,where are you going . [announcer] discover how tempurpedic can move you. And now through september 7th,save up to 500 on a tempurpedic mattress and adjustable base. A brand new start. Your chance to rise and shine. With centurylink as your trusted technology partner, you can do just that. With our visionary cloud infrastructure, Global Broadband network and Custom Communications solutions, your business is more reliable secure agile. And with responsive, dedicated support, we help you shine every day of the week. Could help your business didavoid hours of delaynd test caused by slow internet from the phone company . Thats enough time to record a memo. Idea for sales giveaway. Return a call. Sign a contract. Pick a tie. Take a break with mr. Duck. Practice up for the business trip. Fly to florida. Win an award. Close a deal. Hire an intern. And still have time to spare. Go to comcastbusiness. Com checkyourspeed if we cant offer faster speeds or save you money well give you 150. Comcast business. Built for business. A live look at ferguson, missouri there have been arrests tonight. Crowds are smaller, atmosphere, calmer. Should that change, this particular man aside, well take you live for breaking news. Islamic militants claim they have chopped off the head of an american journalist. They say it is retaliation for u. S. Air strikes in iraq. Now, were hearing from the victims mother. The victims name is james foely. A freelance journalist that went missing on thanksgiving day while on assignment in syria. This is an image from the video. We will not show the video. Fox news cannot confirm it is authentic a person appears to be foley reads a statement his kidnappers prepared and then, his killer cuts off his head. The islamic militants then threaten to kill another man, a contributor to Time Magazine who went missing in syria last year. The white house said its seen the video ask Intelligence Community is working to determine whether its real. The truth is what theyre looking for something to suggest it is not. At this late hour, they have not found it. In a statement tonight, james foleys mother writes, and i write we have never been prouder of our son, jim, he gave his life trying to expose the world to the suffering of the Syrian People we implore the kidnappers to spare the lives of remaining hostages. Like jim, she says they are innocent they are no control over American Government policy in iraq, syria, or any why else in the world. Foley spent years reporting from the middle east. He was a teacher before that. Back in 2011 in libya, supporters of former dictator there kidnapped foley, held him for a month and released him. And he spoke to fox news channels bill oreilly about the experience. Interrogated me six hours, and that was kind of felt like a mind game. One guy would be playing kind of good cop. One guy come in yelling and saying we think youre a spy. And you figured outlook. I just have to stick to my story. Make sure i tell the truth im a journalist. That is my only chance. Hes dead tonight. Terrorists cut his head off. His friends asking