Caution, you are about to enter the no spin zone. From california. The factor begins right now. Hi, im bill oreilly. Reporting tonight from los angeles. Thank you for watching us. So heres what were going to do this evening. Because we are out here on the west coast and things are happening quickly in North Carolina. Were going to go live to brit baier for onthescene coverage this evening of the racial controversy in charlotte. Then i will reappear and have some excellent coverage of the president ial campaign and of the upcoming debate. But, first, the talking points memo. Unacceptable behavior. For the past two nights protests over a Police Shooting in charlotte have spiraled into chaos. Looting and violence have broken out resulting in scores of arrests. At least five Police Officers injured and nine civilians hurt as well. One in Critical Condition. The controversy began on tuesday after Police Killed 43yearold keith scott, shooting him to death after he allegedly brandished a handgun. The police chief of Charlotte Kerr putney has been adamant who mr. Scott who had previous runins with the law was armed. Today the chief backed off a bit. I was very clear when i talked about this before is the video does not give me absolute definitive visual evidence that that would confirm that a person is pointing a gun. I did not see that in the videos that i reviewed. But chief putney mr. Scott did have a gun. Reaction from the black Community Came quickly. In my mind, and in most of the communitys mind, it really doesnt matter if he had a gun. At the end of the day we have the right under the Second Amendment to carry here in North Carolina. And their responsibility was to engage him in a more deescalated way. Minister mac is correct on one point and i dont think on another. It certainly does matter if the dead man was carrying a gun. But she is correct when she says that police do have an obligation to deescalate confrontations if they can. But what every response cybil american should agree with is, you cannot break the law by looting, setting things on fire. Harming people, under any circumstances. Fair minded people know you let the investigation play out. You gather facts. In the ferguson case, for example, once the facts were known, the myth that Michael Brown had his hands up and was not causing trouble was dispelled. Now, i am fully aware that some africanamericans dont trust the police or the investigative process in general. And some have good reasons not to trust. But that does not give you license to go on a rampage. Just today in tulsa, oklahoma, the Police Officer who shot an unarmed black man last week was charged with murder herself. She will now stand trial. That is our system. If you reject the system, and begin to commit crimes in the name of protests, you should be punished. Not to mention that it hurt your own cause because mob violence will always override any kind of singular injustice. Both president ial candidates reacted, not only to charlotte, but also to the killing in oklahoma. There is still much we dont know about what happened in both incidents. But we do know that we have two more names to add to a list of africanamericans killed by Police Officers in these encounters. Its unbearable and it needs to become intolerable. The people who will suffer the most as a result of these riots are law abiding africanamerican residents who live in these communities where the crime is so rampant. There is no compassion in tolerating lawless conduct. Quite a contrast between secretary clinton and mr. Trump. Summing up, violence in charlotte is deplorable. Sincere protests admirable. Looting and hurting other people unacceptable, completely. And thats the memo. Now for continuing coverage of the situation. We go live to my colleague bret baier in washington. Bret, take it away. Thanks, bill. We will head back to you in california in just a few minutes. Police have not released any video of the shooting to the public in North Carolina. But, fox news has confirmed that just a short time ago the family of keith scott reviewed two Police Videos from a dash cam and a body cam. The family just moments ago released a statement saying that while police did give mr. Scott several commands, he did not aggressively approach them or raise his hands at police at any time. Again, from the familys statement. They say its impossible to tell what he was holding in his hands, if anything. The family states in this release that after watching the videos they have more questions than answers. We have also just learned moments ago that the victim who bill mentioned in his talking points was in Critical Condition has now died. Joining us live from charlotte, fox news correspondent Steve Harrigan and from miami, defense attorney an dell brun, steve, first to you what are you hearing about this tape and the familys reaction . Bret, from the familys reaction through their attorneys they are saying they cant really comment one way or the other on what this video reveals. Its conclusive in their view. Thats from the attorneys. We can give you a sense of the mood here right now. This is the spot where that protester was shot to death last night. Not clear by whom. A crowd of about 300 people gathered and seems to be growing steadily. The street still open for business here. Major protests havent started. One new thing we are seeing on the press is the presence of the National Guard. In camouflage with helmets, armored humvees and revivals over their shoulder. A sign of the promised force from authorities here. The presence of the National Guard on the streets of downtown charlotte, bret . You know, the governor was out today alongside the mayor there and other officials. They said and forecasted that this was going to be a big show of force here. Is there a sense that its a lot different than last night and that perhaps, the crowds are a little smaller . The crowds are smaller now. But its hard to predict whether that will change or not. They certainly are promising more force. More numbers due to the state of emergency. The National Guard as well as the state highway patrol. It was clear that the police were outmanned last night. It took them four hours here to clear just about four blocks. And there were motorists really being attacked on part of the highway that circles the city. The police chief himself admitting they simply didnt have the numbers to deal with it we could see a much stronger show of force early in the night tonight. Keep in mind the violence kicked off last night just before 9 00 p. M. Here. The crowd still gathering, brit. Steve, stand by if you will. An dell i want to go to you and your reaction to whats happening in North Carolina. It seems like North Carolina is a different story than in tulsa where this Police Officer has now been charged with felony manslaughter. Yeah. We have two different cases, obviously, and in tulsa, the difference that we have seen in many cases is that there was a video that people can look at and evaluate and the authorities and the community could come to a decision. Here, in charlotte, we have a community that is frustrated and angry and distrustful of the police and the process. However, it is never a solution to riot, to act violently and to attack people. But it is, whoever, a symptom of when people think that the process is not their there to protect and serve them but the system is only protecting and serving itself. Earlier tonight we are looking at video from some of these riots and protests over the past couple of days. Earlier tonight donald trump was talking about this. And he said to our colleague lou dobbs that he extends his hand to every mayor who wants to make his city safer. To do this you have to work with the police not against the police. He suggested those pedaling narratives of cops as a racist force is a narrative that is supported by his opponent, Hillary Clinton. Obviously the Clinton Campaign pushes back hard against that but your thoughts about this and this what trump calls a narrative that all Police Forces are somehow after black men and women on the streets . I dont know where trump is getting that narrative from. I certainly, and many other likeminded individuals have not put forth that narrative. Police are individuals. Theyre human beings. Some are good. Some are bad. However, when we dont have transparency and accountability, the community cant tell the difference. When you have africanamericans who are going through the criminal Justice System at a rate higher than other people there. They are encountering Police Officers more than other people, obviously they are going to be more concerned in that community. Many people feel as if africanamericans dont get the same consideration and the value to their life and their safety that other people get. Its not that all officers are bad. Its that some are bad and when we dont have transparency and accountability we cant tell the difference. We have seen cases where the Police Report said one thing like walter scott or mcquan mcdonald but the camera shows us another thing. We need more transparency. Thats what the community is looking for and thats what they deserve. Of course, we have seen cases the other way as well. Gentlemen, thank you both very much. Steve will head back for breaking news. Up next, we will take you back to charlotte for an update on the situation there with mike tobin who is looking at a situation from a different Vantage Point as the Oreilly Factor continues. I had a wonderful time tonight. Me too call me tomorrow . Im gonna send a vague text in a couple of days, that leaves you confused about my level of interest. Ill wait a full two days before responding. Perfect were never gonna see each other again, will we . Nono. Wouldnt it be great if everyone said what they meant . The citi double cash card does. It lets you earn double cash back. 1 when you buy and 1 as you pay. The citi double cash card. Double means double. When this busy family. Got a cracked windshield. Their dad went to the new safelitedotcom. And scheduled a replacement. In just a few clicks. With safelite you dont have to miss a thing. Yall did wonderful thank you. girls sing safelite repair, safelite replace. I love that my shop is part of the morning ritual around here. 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Mike, your sense on the streets right now . [chanting black lives matter] a chant we were hearing moments ago release the video. Re relevant to the fact that the family just saw the video. People out here want to put pressure on the police chief to release it he says, of course, he doesnt want to do that. He doesnt want to set the precedent and he doesnt want investigation. The crowd is about 100 people strong. Police presence right here i would say is fairly light. We saw some pik with the heavy riot gear on. Trying to keep themselves scarce for the moment. Have you got to be aware that the police are very aware of what is happening out here. Justin carr was the individual shot during the demonstrations last night. We got confirmation today that he died. There are two different versions of how he was shot. The Police Version is that he was shot by another civilian out here on the street. What the demonstrators believe here is that he was shot in the head with a rubber bullet, shot by the police. So, therefore, they are not dissuaded from what theyre doing because they believe it shows just what they are up against. The people out here are very passionate. They believe that there should be a very intelligent man i spoke with said he leaves that its understandable that cops get edgy and nervous working the streets. But they should be held to another standard. Their training should be more significant and you wouldnt have situations like that. So the familiar refrain right now no justice no peace. No racist, no peace. We heard that a hundred times. The people about 100 strong. Marching not a large presence of police. Bret . Mike tobin im sure you can hear that well with that bull horn at your ear. North carolina speaker of the house tim moore. You know, mr. Speaker, there are people in North Carolina who say that the g. O. P. There in the state has this law thats making it more difficult to put out Police Videos. Your response to that . Good evening, bret. First off i want to join the group of folks calling for calm in charlotte this evening and talking our Law Enforcement for the job theyre doing to protect all of us. The bill that was passed this past year was passed on a bipartisan basis. Out of 120 members in the house, 88 mens voted for it. So it was strongly bipartisan. Iin fact, that legislation created a mechanism where that information could obtained by the public. That law, interestingly enough, does not go into effect until october 1st. So, right now, we are dealing with a period prior to that law. And its right now entirely up to the charlotte, Mecklenburg Police department whether or not they release that video. So the aclu a little off base there. Eric, you see this. Have you seep the different incidents here. There are reports out of charlotte that a lot of the people arrested are actually from outside the state of North Carolina. Have you seen this . I have seen the report. This is nationwide type of issue that were dealing with, bret. Police brutality and Police Mistreatment and police misconduct, those things are things that every citizen who is africanamerican has dealt with and so when you have protests such as this, when you have people who have been shot and killed, such as terrence crutcher, such as keith scott, you have people who are very passionate about what they believe. In and going to charlotte, this is something charlotte is not a very difficult city to drive to, to fly to. So im not necessarily shocked that a lot of people come from out of town. Its a destination that a lot of people visit for the ncaa tournament. Very well known a lot of people who visit charlotte on a regular basis understand the tensions are there. Charlotte is a good city but we have to come together and do a better job of policing. Is there any solution that state lawmakers are talking about with the governor that potentially gets to something about Community Policing that gets to some of these people who feel like they are being wronged by the Police Forces . Well, certainly the body camera legislation that we passed last year was a bipartisan approach to try to do exactly just that. And i find it ironic that some on the left are trying to turn that around and to an issue somehow going for confidentiality. In fact, Many Democrats champion that legislation in the general assembly. But, you know, in response to some of the other comments, i understand the right of folks who want to go out and they want to protest and thats appropriate. But whats not appropriate, whats not appropriate at all is the rioting thats happening. The violence. I know a gentleman has died as a result of this. There is just no sense in it. I will contrast it with this. I represent a county. Quickly. About 30 minutes away from charlotte. We had a Police Officer killed in the line of duty about 10 days ago. Our response was a prayer vigil for that officer and for the whole community. Thats what we need. Not violence. But we dont know what happened with that shooting. We dont know if it was a rubber bullet or know if it was from a private citizen. Lets not jump to conclusions with that man who died. Yeah, eric and speaker moore, thank you both from being here. The key point we hope it doesnt get violent tonight. All of us do. We will continue our live coverage of the situation in charlotte in just a moment. Tired of redosing antacids . Try duo fusion its two in one heartburn relief. The antacid goes to work in seconds. And the acid reducer lasts up to 12 hours in one chewable tablet. Try duo fusion. From the makers of zantac. Scalpel. I have no idea what im doing. Im just a tv doctor. 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