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His hands. and again, i'm not trying to reindict the officer. i believe in the criminal justice system. i believe the judge made a decision and now we have to live by it. but having said that, if i wanted top plant a gun, i would not walk out of my suv with it in my hand. so we have to look closer. another example of what we need to do now, and i've said this, don, to you probably, unfortunately, dozens of times, every cop in america needs to have a body cam on their person. not necessarily because i don't trust them because it will make everyone's job a lot easier to see what actually happene...

Faster to get away from this. clearly the police officer are deploying things i got a young man throwing rocks to my right at the police officers, he tried to throw that rock and i'm not sure it even got close to the police officer but you understand what's going on this has dissolved into a little bit of craziness. as we move down the street they've deployed gas and they are pushing people to a west ward position. if you listen you can hear the bangs in the back ground and we believe that's police deploying more gas. in fact there's gas behind us and now in front of us so we'll voo to figure ...

Protest to be over. it was highly organized protest all throughout the night. people peacefully marching down the street, holding signs, at one point tried to shut down a freeway but police prevented them, then police let them wander throughout st. louis tonight didn't do anything but certainly as the hours have gone on they decided they needed to be a lot more aggressive, don. >> and the bulk of this, you talked about the mayor's house happening at the 9:00 p.m. eastern hour, the situation has changed drastically on the ground. again you said they have dispersed the protesters from what you c...

We're back with breaking news, protesters on the streets of st. louis situation increasingly tense after a judge acquitted police officer in shooting death of a black man. dan simon is live out in the crowd, dan, what's going on now? >> hey, don, there's still quite a heavy police presence but i can tell you the crowd has definitely thinned out. don't see too many protesters out here at the moment. i don't know where they may have gone. we see the police helicopter above us perhaps tracking them. they effectively pushed the crowd out of this residential area and now there's just a few folks wa...

Situations, yes we do but that particular statement is extremely problematic. does it get us to a point where we're able to use that statement to prove the intent to kill someone to satisfy a first degree murder charge, that's a whole other story. obviously there's enough there for an indictment but to get a conviction along with the other evidence that should or was or was not there that's another story. and i read what the judge said regarding his decision and he does make some points there, just has to be beyond a reasonable doubt. i think that's the hurdle that needs to be made. and this, ...