Return to Transcripts main page

CNN Newsroom

Fugitive in Arizona Mall; House Speaker Nancy Pelosi Hands Gavel to Republicans; Shooting at Omaha High School; Man Suspected of Being Involved With Shootout With Police in Arizona Takes Hostages; Reports of an Explosion at a Plant in Tennessee; Investigators Examine Possible Causes of Mass Bird Deaths in Louisiana and Arkansas

Aired January 05, 2011 - 15:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


BROOKE BALDWIN, CNN ANCHOR: Hi, everyone. I'm Brooke Baldwin. I'm going to take it from here.

There are two breaking news stories we're following for you right now here at CNN.

We have a school shooting. And, also, a mall just outside of Phoenix is on lockdown. In fact, here are aerials of that mall from our affiliate there, KTVK.

Here's what we know.

We are told there is a search under way right now for a shooting suspect that is somewhere inside of that mall. This all happened -- this is Chandler, just outside of Phoenix. This whole thing started with police chasing a fugitive outside of the mall. They then ran inside, and then shots rang out.

So, that said, I want to bring in Andy Hill. He is a retired sergeant with the Phoenix Police Department.

And, Andy, you with me?

ANDY HILL, FORMER PHOENIX, ARIZONA, POLICE SERGEANT: Yes, Brooke, I am.

BALDWIN: Andy, I want to read you some information that CNN has just confirmed which I think is also key in this story.

We have confirmed that U.S. Marshals were looking for this fugitive. He is wanted for attempted murder of a police officer. He was found today in Chandler near this mall. We have his name now.

The fugitive is Daniel Munoz Perez. When the mall security officer spotted him, he started shooting and then he went into the mall. And I imagine, you know, the police officers there we see on the ground are working on getting everyone out.

So, tell me, Andy, let's start with -- I imagine public safety is paramount. But things also change knowing he's a fugitive wanted for attempted murder of a police officer. HILL: Well, that's true, Brooke. There's a lot of considerations. Any time you have somebody with a gun that's in a mall that is shooting, you have a very dangerous situation.

The most important thing is to try and contain that suspect. And then, of course, while you're doing that, you want to evacuate as many innocent people as you can possibly get out of that area.

The problem is if that suspect tries to hide amongst those people. So, law enforcement has a big job right now. Number one is secure the area, get it contained, and get those people out.

BALDWIN: Talk to me if you were there on the ground. Let's say you are part of this team who is inside of this mall trying to find this Daniel Munoz Perez, this fugitive. How easy is it to, A, evacuate this entire mall, I guess in the middle of the day, and, B, try to track this guy down?

HILL: Well, it's very difficult.

Obviously, the one thing you don't want to have, you don't want a shooting where anybody gets hurt or killed. So it's important to try and make sure that if anybody has contact with that suspect, to make sure that he doesn't do anything.

So it's very difficult to have that happen. Obviously, if anybody is on and watching your show and is in that mall or near it and sees something suspicious, they should call 911 right away to help law enforcement.

BALDWIN: You worked with the Phoenix Police Department. Andy, are you familiar with this Chandler mall? I have been told it's in the shape of an A, as in Arizona. Do you know the mall? Would that make it a little bit more difficult, if it's in an A-shape, to find him?

HILL: No. It -- it does make it difficult. It's a very -- it's an upscale mall. It's a good place. They have lots of security. It's a great police department over there in Chandler.

Obviously, they have a big job, no matter who you are, to go ahead and find somebody. It's like finding a needle in a haystack. What you have to do is try and make sure that you get as much of a clear, open view as you can by getting all of those people out of there safely. And then you begin a systematic search, taking your time, going slowly, to be as safe as you possibly can. It's going to take a -- a long time to find this person.

BALDWIN: Andy, I am just now told -- this is according to our affiliate -- that shots, more shots have been fired inside of that mall.

What are you doing? If you're a police officer in that mall, shots are fired, what do you do?

HILL: Well, what police officers are trained to do is go ahead and meet the threat. So what they are going to try to do is -- is make sure if there's anybody that needs help getting rescued, they're going to take care of that. They're going to try and stop that suspect.

You could have an innocent citizen in there, you know, that's legally carrying a weapon that could be involved in the shoot-out with this person. It could be a police officer that is there now with him. Or he could just be trying to go ahead and scare people away.

So until you know exactly what's going on, it's hard to say. But, you know, police officers are trained and directed to go towards the threat and to try to mitigate it. So, that's what they're going to be doing if there is something actively going on inside.

BALDWIN: Ideal situation, Andy, you want to try to negotiate peacefully, correct, with the suspect who is somewhere in this mall?

HILL: Well, obviously, yes, you want that person to give up.

If that suspect is anywhere near a TV now or able to -- to hear anything, we want that person to give up and not hurt anybody else, not to make it worse.

But with such a tense, emotional situation, what you want to really try to do is make sure you try and get that suspect by himself, where someone can begin to try and negotiate with him. And if he gives the opportunity to police to -- to surrender to him -- for him to surrender to them without a problem, that would be the best thing. But we will have to wait and see how he handles it. Obviously, he doesn't want to get caught.

BALDWIN: How do -- I don't know how many situations like this, Andy, that you have worked in your time with the Phoenix Police Department. But let's say, out of 10 times, how many of them end up the way you want them to vs. not?

HILL: You know, most of the time, they end up OK.

It just kind of depends on what the circumstances are that really immediately preceded the incident. It may be very difficult. Obviously, the more time someone has spent in prison, the -- the more of a record they have, the more that they don't want to get caught, it makes it more difficult.

But certainly most of the time these things do end up all right. It's just a matter of being able to have that opportunity to let that suspect know, if possible, that, if they go ahead and surrender, they're not going to get hurt and to make sure that no one else gets hurt.

But it's very difficult to predict what's going to happen.

BALDWIN: And I just want to remind everyone, if you are watching and wondering, these are not live pictures. We're not going to show live pictures of a SWAT situation, a shooting suspect inside that mall. This is tape.

But we, of course, are working the phones. We're getting more information. As I said just a couple of moments ago, according to our affiliate, shots, more shots were fired inside this mall.

And, again, CNN has confirmed with U.S. Marshals they're looking for this fugitive. His name is Daniel Munoz Perez. Apparently, according to the U.S. Marshals, he was accidentally released not too long ago, back on December 16, from the Pinal County Sheriff's Office. And the U.S. Marshals have been looking for him ever since. And, apparently, they found him.

And he's somewhere holed up inside of this mall. This is Chandler, Arizona, just outside of Phoenix.

I have Andy Hill on the phone with me. He's a retired sergeant with the Phoenix Police Department.

And, Andy, explain to me logistics-wise how many men, women on the force do you have outside? What is their role at this point in time? And how many people do you have inside trying to track down this guy?

HILL: Well, without giving, you know, specific tactics away...

BALDWIN: Sure.

HILL: ... you need to have enough people in order to secure the outside where you have an eye or a view of everything and everybody coming out of that mall. So, you're going to have dozens of police officers that are going to be working the exterior to make sure that they contain the mall itself, while you have a number of other officers that are going to be evacuating as many as -- as -- people as they can to get out.

You want to try to empty that mall of everybody except the suspect, if it's possible. And that's the -- that's the first problem that they're going to have. The second problem could be if an incident occurs inside while this is going on. Then you are going to make sure you have a lot of police officers nearby staged.

Chandler may be able to have other agencies that are nearby help them. I'm sure they will.

BALDWIN: Right.

HILL: I'm sure you have already have the Marshals office involved. So it's going to be a very intense situation probably involving at least 100 police officers overall...

BALDWIN: Wow.

HILL: ... by the time the incident is over.

BALDWIN: Andy Hill, thank you for your perspective. Don't go too far from your phone. We're going to move away from this story for now. We're going to obviously keep our eye very close on that.

But we have another breaking story I want to bring to you, this one out of Omaha, Nebraska. Police there have just briefed reporters outside of this high school where a shooting has just happened there. Here is what we know with regard to this story. Two adult men were shot. Police were careful to note, the victims, they were not students.

Joining me now is Jacob Bettin from the Omaha Police Department.

And, Officer Bettin, what can you tell me? What happened?

OFFICER JACOB BETTIN, OMAHA, NEBRASKA, POLICE DEPARTMENT: Well, at 12:50 p.m., officers were called to Millard South High School -- that's a high school located in the southwestern section of the city -- in reference to a shooting.

When they arrived, they located two adults suffering from apparent gunshot wounds.

I just want to make a note. You had said that there were two males. We have not confirmed their gender at this time. So, just keep that in mind.

They located those two victims. One was transported with serious injuries by medical helicopter to Creighton University Medical Center, the other transported by rescue squad to the same hospital.

The suspect has been located at this time. We were looking for him for a short period of time. But, around 1:36, he was located. His exact disposition, along with the victims, I don't have available for release at this time.

An important thing to note is that there are no injured students as a result of this shooting.

BALDWIN: Oh, thank goodness.

BETTIN: Right now, we are asking parents who need more information about their students and how to contact them to head to the Divine Shepherd Church, which is directly west of the school. It's 150th and Q Street.

BALDWIN: The Divine Shepherd Church, head there.

BETTIN: Correct.

BALDWIN: That is what you are telling parents. And...

BETTIN: Yes.

BALDWIN: ... did I hear this correctly? There are two -- the two victims, you said you're not confirming the sex, but we do know they're not students. They are two adults. But that does not include the shooter, correct?

BETTIN: That is correct. They're -- the two victims are separate from our suspect.

BALDWIN: OK. And -- and final question for you, and then I will let you go. Were there other schools, Officer Bettin, evacuated, or just this one particular high school?

BETTIN: In fact, Millard Public Schools as a whole did go into a lockdown status as we were searching for the suspect.

However, that has been lifted. They are no longer in lockdown. But the important thing is for parents who are trying to pick up their kids to go to that Divine Shepherd Church. That's where they will be able to get more information from Millard Public Schools and Omaha police.

BALDWIN: Got it.

CHAD MYERS, CNN METEOROLOGIST: Officer Bettin, this is Chad Myers. And I actually went to that school. I went to Millard -- Millard High before it became Millard South.

(CROSSTALK)

BETTIN: Yes.

MYERS: "Omaha World-Herald" now reporting the shooter is dead inside the car. Can you confirm that, or you cannot yet?

BETTIN: I cannot confirm that at this time. We're in the process of gathering -- gathering information from a lot of sources.

MYERS: OK.

BETTIN: So, when we're comfortable with releasing more information, we will come out and say that.

MYERS: We do know that he's at least in custody. That would be the -- the -- the lowest common denominator?

BETTIN: That is correct.

MYERS: OK. Very good.

BALDWIN: OK.

MYERS: Thank you.

BALDWIN: Chad, thank you. What are the odds?

And, Officer Jacob Bettin, I know you're busy. Keep us updated, please, on that story. We'll pass it along to parents who could be watching us here live on CNN.

Folks, busy, busy Wednesday already. We're following these two breaking stories -- more after the break. Stay right here.

Also, the mystery is unfolding still. The clues keep rolling in. Who killed a former Pentagon worker? And how did it his body get into that landfill? There is this bizarre new video, it surfaced today, apparently showing what he did before they discovered him. That's ahead.

(COMMERCIAL BREAK)

BALDWIN: All right. Welcome back to the NEWSROOM.

We are watching two breaking stories this afternoon. First off, there's been a mall shooting there just outside of Phoenix in Chandler, Arizona. Right now, police SWAT teams are on the scene. They're looking for this fugitive. His name is -- his name is Daniel Munoz Perez. Apparently, he is a fugitive wanted for attempted murder of a police officer. He's somewhere inside of that mall.

Apparently, he was accidentally released back in December from the Pinal County Sheriff's Office. So, the U.S. Marshals have been trying to track this guy down. Apparently, they had found him. We know shots have been firing inside of that mall, according to our affiliate. We're staying on that story for you.

Also, we're learning of this high school shooting in Omaha, Nebraska. We -- I just spoke with an officer who is working that story. He told me there are two victims, not students, two adult victims. And he also told me the suspect is in police custody. We're watching those stories.

But we're also watching this story. I have some eerie surveillance video I want to show you, what's -- Roger, let's roll the video here. This is a parking garage. This is Wilmington, Delaware. And the man you are about to see is John Wheeler.

Here he is coming through the middle of the -- of your shot. The former Pentagon official worked under three presidents. This was last Wednesday evening. Keep in mind, that is less than 48 hours before his body was found just dangling out of a garbage truck at a Delaware landfill.

In the video -- and all of us, we have watched this whole thing here -- he -- he appears disheveled. In fact, if you can tell, he has a -- his shoe in his left hand. He doesn't have a coat with him. He wanders a little bit around this parking garage. He's looking a bit confused, disoriented.

But he tells parking attendant -- quote -- "I'm not drunk."

Iman Goldsborough was on duty that night. I want you to watch this.

(BEGIN VIDEO CLIP)

IMAN GOLDSBOROUGH, PARKING GARAGE ATTENDANT: It strikes me as a little bit -- as being odd, because he had one shoe in his hand, and he didn't have a coat on. And it was like really cold that night. There was snow on the ground.

He said to me his parking ticket was inside his garage -- inside his briefcase. So, I said, well, where's your briefcase at? He said his briefcase was stolen from him. So, when I kept asking, how it was stolen, all he kept saying to me, my briefcase was stolen. It was stolen.

He was smiling. He seemed like he's a nice guy. The only thing that didn't seem right to me was just like, he just like looked like he was kind of lost. He was just looking around, like -- like he was in an unfamiliar place.

(END VIDEO CLIP)

BALDWIN: So, how did Wheeler go from being disoriented in this parking garage on Wednesday to dead in a dumpster by Friday?

Police are asking for more surveillance video as they retrace his final steps.

And I want to bring in Deb Feyerick. She's been working the story for us today, tracking their progress.

And, Deb, you know, we can revisit the surveillance video. I know we're learning a little bit more about him in these days before his death.

DEBORAH FEYERICK, CNN CORRESPONDENT: Right.

BALDWIN: What are you hearing as far as him appearing lost and disheveled? It's a far cry from this West Point/Harvard/Yale graduate that so many people knew.

FEYERICK: Absolutely.

This is a -- a very distinguished person who was well-known. He was considered a Washington insider. He served under three different Republican presidents. And, so, the fact that this is happening to him, that is why it's garnering so much attention.

Police have now narrowed the time of death to about an eight-hour window. That is a good thing. They're trying to piece together any surveillance video that might exist. That's why this one that you just showed is so crucial.

It sort of -- it shows his state of mind, how he was acting,how he was behaving. You can see him a little bit kind of confused, disoriented. He's limping a little bit, doesn't seem to know where he's going.

What we're learning is, is that he was not only in this garage. But, the following day, he turned up downtown in a very popular office building, and he was there until about 8:30 at night. That is on December 30, the night in which police believe he may have been killed, because his body was found in the early morning hours after that stuffed into a dumpster.

So they're really piecing it together and they want to know what happened in those eight hours. But, again, looking at him here, you can get a sense that -- that he didn't really know where he was, what he was doing. He had wandered into a -- a pharmacy. And the pharmacist had basically said to him, you know, would you like me to call you a cab?

And he said, no, I don't need a cab, and he turned away. He denied the help. And then, at this other office building, two people said, you know, do you -- do you need any money, do you need any help? And he declined their offer as well.

So, not sure what was going on, what was his state of mind at the time of his disappearance, really?

BALDWIN: Obviously, a lot of questions there, questions also about his New Castle home, Deb. Any clues from his home? I know, you know, police have been searching. I think they finally removed the crime scene tape two days ago. Any clues there? Is his family talking at all?

FEYERICK: No, his family is not talking.

His wife, it appears, was not in Wilmington. He works in Washington. She's got a company in New York. The Wilmington home is the -- is the home that they share. So she wasn't there at the time. She's not talking. She's asked the family to respect -- she's asked the public to respect the family's privacy.

As for this home, he was in dispute. There was a home being built across the street. It was in litigation. But I -- I spoke to his enemy. I said, were any threats ever made? The lawyer said, no, it was contentious, but there were no threats.

And, so, even the lawyer said, you know, this could be nothing more than some sort of random crime that nobody knows what happened. What is interesting, Brooke -- and -- and this is also something that police want to know -- is, he was last seen in Wilmington, Delaware. Well, his body was found in a dumpster which was about 12 miles away.

It's about a 20- to 30-minute drive, depending on the traffic. How did he get to that other area? How did he get to that town? Because that's where his body was found in the dumpster.

There's also the question of the briefcase. Did the briefcase ever turn up? Was he indeed robbed? All of these, police are continuing to search for answers to this -- Brooke.

BALDWIN: And, also, they still don't know where, even, he was killed, the crime scene. They -- they have any clues there?

FEYERICK: No. No.

And one interesting thing is that, you know, based on this new video that we're seeing, based on police reports, again, the state of mind, what was happening to John Wheeler in the days before he was killed? The medical examiner has ruled this a homicide. That is the official finding right now.

But he has not released cause of death. He's not released any toxicology reports, any of the forensics.

BALDWIN: I see.

FEYERICK: So, that's all to be determined.

And, also, you know, they just don't know how he got to this other town, Newark, Delaware. And they don't know who was last to see him and how he was killed -- so, again, as you said, no murder scene yet, just sort of the site of where he was found.

BALDWIN: What a bizarre story. Deb Feyerick, thanks for digging. We will follow it...

FEYERICK: Of course.

BALDWIN: ... right along with you. Deb, thank you.

Want to take you back to the story just outside of Phoenix, Arizona, in Chandler. We have been telling you about the shoot-out at the Chandler mall. We are now told there are hostages being held at a restaurant across from the mall.

So, here's what we know. Apparently, they're being held at a Baja Fresh restaurant. Keep in mind, Arizona time here, it's lunchtime. People are eating lunch. Could be a busy spot. There are also confirmed shots fired in the restaurant.

We're not clear if the man who has taken those hostages is the same suspect who opened fire on police outside the Chandler mall. We're working the story. We will stay on this.

Also developing now: What killed thousands of birds in Arkansas? You remember the 5,000 birds that just sort of fell from the sky? I think it was New Year's Eve into Saturday morning. Here's one of them. Well, they're studying the remains right now, and they are now telling us what probably happened. So, the mystery here could be solved. That is ahead.

And did you see the moment when Nancy Pelosi -- here it is -- handed over that big old gavel to now House Speaker John Boehner? Were there tears?

(BEGIN VIDEO CLIP)

(CHEERING AND APPLAUSE)

(END VIDEO CLIP)

BALDWIN: Obviously, huge applause.

(LAUGHTER)

BALDWIN: Jessica Yellin is going to break it all down for us. She is next.

(COMMERCIAL BREAK)

BALDWIN: Welcome back to the NEWSROOM. Want to let you know we are not going too far from the story out of Arizona. It's just outside of Phoenix in Chandler. We have been telling you about the shoot-out outside and then also inside of this Chandler mall.

There's the mall. We are now told there are hostages being held at a restaurant just across the street from the mall. It is a Baja Fresh restaurant. Keep in mind, this is Arizona, so it's lunchtime.

We are also hearing there are confirmed shots fired within that restaurant. But here's the thing. We are not clear if the man, if this fugitive who has taken those hostages inside that Baja Fresh is in fact the same man who opened fire on police outside of the Chandler mall.

We're going to keep a close eye on that, working that story. We will bring you more details as soon as we get that.

Meantime, you saw it right here live on CNN just a short time ago, the changing of the guard in the U.S. House of Representatives.

(BEGIN VIDEO CLIP)

REP. NANCY PELOSI (D-CA), SPEAKER OF THE HOUSE: I now pass this gavel and the sacred trust that goes with it to the new speaker.

God bless you, Speaker Boehner.

(CHEERING AND APPLAUSE)

(END VIDEO CLIP)

BALDWIN: Democrat Nancy Pelosi surrenders a mighty large gavel to the new House speaker, Republican John Boehner, Republican rule of the House officially under way today in Washington.

And, as we pointed out to you, this is a really, really big deal, historically speaking, because Democrats have ruled the lower chamber for most of the past 80 years.

Take a look at this with me. You see all that blue? Those are the eras of Democratic rule since 1933 -- not a -- not a lot of Republican red. But, as of today, the House is red again.

And one of the first orders of business here coming tomorrow, when Speaker Boehner has rescheduled a reading of the entire U.S. Constitution, and that is highly unusual here. In fact, according to something we read today, it has only happened two times before in history of the U.S. House of Representatives.

And, you know, perhaps they should do it more often.

I want to take you back 14 months to John Boehner.

(BEGIN VIDEO CLIP, NOVEMBER 5, 2009) REP. JOHN BOEHNER (R-OH), HOUSE MINORITY LEADER: This is my copy -- this is my copy of the Constitution. And I'm going to stand here with our founding fathers who wrote in the preamble, we hold these truths to be self-evident, that all men are created equal.

(END VIDEO CLIP)

BALDWIN: Whoops, little problem. Listen closely, history students.

(BEGIN VIDEO CLIP)

BOEHNER: ... that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.

(END VIDEO CLIP)

BALDWIN: As you might have discerned, no, that was not the U.S. Constitution, as Boehner said it was. It was in fact the Declaration of Independence.

Jessica Yellin, they are starting fresh up there on the Hill, perhaps not such a bad idea to brush up on the old Constitution, get them all on the same page, would you say?

JESSICA YELLIN, CNN NATIONAL POLITICAL CORRESPONDENT: Yes. I'm curious to see if they will be wearing powdered wigs and have spittoons on the floor when they read it.

(LAUGHTER)

YELLIN: Look, it's -- it's not a bad idea. Maybe they should read the Declaration one week, the Federalist Papers another week.

BALDWIN: Sure.

YELLIN: One document a week, we could all get educated. They could make a podcast. We could all...

BALDWIN: All live on Facebook.

YELLIN: ... learn a little something.

(LAUGHTER)

YELLIN: Yes. I like it.

(LAUGHTER)

BALDWIN: So, as I understand it, the new Republican leadership wants every piece of legislation to include this constitutional justification. So, what does that mean and how is that going to work?

YELLIN: Literally, the measure would say that any member who introduces a bill must submit for printing in the congressional record a statement that cites the authority they're given under the Constitution granting them the power to legislate on this particular issue, so, just a statement attached in the record.

But this is about the Tea Party's vehement conviction that the mandate in the health care reform bill was unconstitutional. They said that a reform bill was an overreach. And Tea Party activists want this attached to legislation to shape the debate, so that the debate is really about reminding everybody that we're -- they need to rein in government's power.

But I will tell you, Brooke, I have talked to some constitutional law professors who say, A, this is unnecessary, because Congress only legislates on what they can legislate on constitutionally. And, also, there is the possibility that, if this gets down the line to a point where they become so convinced that this is important, that Congress could pass a law saying, for example, the speaker could prevent bills from being introduced if they don't meet some kind of constitutional test.

BALDWIN: Wow.

YELLIN: That could be problematic, but we're a long way from that.

BALDWIN: Yes, big challenge here ahead for the House Republicans. We have reported this, the national debt now hitting that $14 trillion mark, and as the day is fast approaching when Congress will have to explicitly approve more borrowing to keep things running. It's usually, you know, rubber-stamped.

So, why would it be different this time?

YELLIN: Well, because limiting government spending has been the number-one mandate for -- from the Tea Party for the elected. And this is, in essence, saying, look, we can keep on spending.

And it -- it -- it is so upsetting to Tea Party activists, that they say they will not support any member who allows this debt ceiling to rise unless they get huge cuts in current spending first.

Rand Paul, for example, says he wants a balanced budget amendment passed first. But Austan Goolsbee, a guy from the White House who runs the Economic -- Economic Council there...

BALDWIN: Uh-huh.

YELLIN: ... says it would be catastrophic if they hold this up.

This is basically our creditworthiness. And they say it would be catastrophic for the economy. So, this is a huge problem for John Boehner, between centrists, who say, look, we have got to do this -- it's ugly, but we have got to -- and then the Tea Party activists, who say, oh, no, you have got to be a purist on that.

BALDWIN: Jessica Yellin, thank you so much. Sorry, I have got to bail.

YELLIN: Yes.

BALDWIN: I want to get back to this Phoenix, Arizona, story.

YELLIN: Got it.

BALDWIN: But thank you so much.

Take you back to this. Actually, it's outside of Phoenix, in Chandler, Arizona. We have been telling you about the shoot-out at the Chandler mall. Well, now we are told there are hostages being held at this restaurant. There is the mall there on your screen, aerial pictures.

But there -- there are hostages being held at this restaurant across the street from the mall. They're being held at the Baja Fresh restaurant.

I want to bring in Detective David Ramer from the Chandler Police Department.

And, Detective, first things first. Can you confirm for me that this guy inside this Baja Fresh restaurant is this same fugitive, Daniel Munoz Perez, who was across the street in the mall?

DETECTIVE DAVID RAMER, CHANDLER, ARIZONA, POLICE DEPARTMENT: Well, we haven't confirmed who it is at this point, but we do believe the same person that had a shooting at the mall is in fact at the Baja Fresh as we speak.

We still have yet to confirm if there are hostages inside. That is obviously a concern that we have, but we're establishing communications with the suspect inside the store, inside the restaurant and we're trig to confirm if in fact there are hostages inside.

Right about noon, we had a -- it was an undercover task force that was following a robbery suspect. They made contact with him. At that point, a shoot-out ensued. This was just outside the Chandler Fashion Center mall.

At that point, the suspect fled into the mall. Police responded to him. We started evacuating people out of the area for their own protection and safety. And we did a shutdown of the mall and began looking for the suspect.

At that point, the suspect was located and he made his way over to the Baja Fresh, which is just north of the mall. It's part of the whole shopping area.

BROOKE BALDWIN, CNN ANCHOR: Let me stop you, detective. Let me stop you right there. So police located this suspect inside the mall but still he managed to hop across the street to the restaurant?

RAMER: No, no. He was never -- he was never seen, as far as -- I have not been given any reports that we actually made contact with him in the mall after the initial shooting.

BALDWIN: I see. RAMER: The initial shooting involved undercover officers and the suspect. He then fled into the mall. As you can imagine, people started running. We began evacuating the area with officers that responded to the scene. And then we shut down the area to keep people from coming into this potentially dangerous area.

As we begin actively searching for him, and I don't know how the information was obtained, but he was located by our officers in this shopping area north of the mall, and he was found to be in the Baja Fresh. We have that area locked down. We are trying to establish communications with him. At this point we haven't confirmed if there are hostages or not inside there.

BALDWIN: I think we're looking at perhaps the Baja Fresh. Is the Baja Fresh part of the mall on the screen? We're looking if you're watching with us on screen right, the green and the red lettering. Is that part of the mall, sir?

RAMER: Well, it's part of the whole shopping area. I don't think it's actually on the mall property. But the main road that divides the mall, you'll see to the south is probably the main mall area, and just to the north is another shopping area.

BALDWIN: I see.

RAMER: That particular restaurant is in that area.

BALDWIN: Let me back up and ask you, detective, and confirm this for me. One of our affiliates out of phoenix was confirming there are shots fired in the mall. Can you confirm that?

RAMER: It was just outside of the mall.

BALDWIN: Not inside?

RAMER: That's correct.

BEHAR: Has anyone been hurt?

RAMER: No. At this point nobody has been found to have been injured. Our officers weren't hurt and the suspect was not injured.

BALDWIN: Is this suspect -- perhaps this is part of what you're not confirming -- CNN has confirmed though through the U.S. Marshal Service that this individual at least who was in the mall as part of that shoot-out is Daniel Munoz Perez, who was accidentally released by the Pinole county sheriff's office. He was accidentally released back in December and U.S. marshals have been looking for him. Can you confirm that is this person you're looking for?

RAMER: No. I've heard that over and over. I wish they would confirm it with us because we haven't gotten that information that it is him. I've heard that. We're trying to confirm if that in fact is the person. But I can't confirm that at this point.

BALDWIN: let me ask you this because we're looking at pictures. I want to remind everyone obviously active SWAT with the shooter. We are not showing you that. This is not live. We're looking at the Baja Fresh and looking at what appears to be a member of a SWAT team. If you're SWAT team on the ground imagine priority number one is public safety but then how do you proceed from there?

RAMER: At this point number one, like you said, is public safety. We want to make sure everyone is safe. We have a pretty good idea he's in there. Once we located that person, we want to establish some kind of line of communication so that we can hopefully resolve this in a peaceful manner. But as your SWAT team sets up, you set up tactically to make sure you have every area covered so if he does try to escape he can be quickly apprehended so there's not any more danger to the public.

That's where we are right now. We have got it locked down, secured and trying to establish some kind of communication with him inside that store.

BALDWIN: All right, Detective Ramer, I'm going to let you go. I'm going to let you get more information and perhaps we can get you to hop back on the line with us and let us know what's happening in Chandler, Arizona. Scary moments for people inside this Baja Fresh restaurant. Thank you, sir.

Also breaking now, we are getting word of an explosion in Tennessee. Wow, the news coming in this very second, going to have that for you next.

(COMMERCIAL BREAK)

BALDWIN: OK. Two updates for you. We've been talking about Arizona. I want to switch gears and talk Omaha, Nebraska. We have confirmed there was a school shooting in Omaha, Nebraska at Mallard High School. I spoke with an officer in that situation. He confirmed there were two victims.

As for the suspect CNN is confirming the suspect is dead. He was found in his car. We're also confirming the suspect was a student.

As for the two victims, one was taken by helicopter to the hospital in critical condition, the other by ambulance. We are also now confirming one of those victims was the Mallard High School principal. That's what we know there.

Moving on to more breaking news, there are reports of an explosion at a plant in Tennessee. One person is trapped. This happened in Oakland, Tennessee. We're also told a firefighter is hurt. Police say there are still explosions going off inside this have plant, this munitions plant. We'll get you updates on this story out of Tennessee as soon as we can get those.

Also just in, we're hearing what may have killed all of those birds, those thousands of birds in Arkansas. As you probably know by now, thousands of them fell from the sky just before midnight on New Year's Eve. They ended up as you see them here in lawns, in the middle of the road. No one really knew what happened at least until now. Martin Savidge is live for us in Athens, Georgia. Martin, investigators took a look at some of these birds. What did they find?

MARTIN SAVIDGE, CNN CORRESPONDENT: We're starting to get some answers. We're in a lab that belongs to the University of Georgia wildlife disease study. It's essentially a laboratory in the part of the school that makes its expertise studying what causes illness in animals and also what may cause them to die.

And it was to this laboratory that about five birds from the Louisiana event and a little over a dozen birds from the Arkansas event were sent for study. And what they're going to do is essentially an autopsy if it were doing on a human. They call it a necropsy when it's done on an animal.

Let me bring in Dr. John Fischer, one of those trying to determine what exactly was the cause of death. I know you had a chance, the lab has, to study the Louisiana birds.

DR. JOHN FISCHER, WILDLIFE RESEARCHER UNIVERSITY OF GEORGIA: We received them yesterday. We x-rayed them and did gross dissections on them. We found hemorrhage and broken bones that are consistent with traumatic injuries.

SAVIDGE: What does that really mean?

FISCHER: That means that these birds died a traumatic death. We did not see gunshot wounds which we always look for in wild animals. It means they most likely in the case of birds they flew into stationary objects.

SAVIDGE: So the injuries couldn't be, say, from just from falling to the ground?

FISCHER: It could be from falling to the ground but it's generally unlikely. It's my understanding from the history that we were provided by the state wildlife veterinarian in Louisiana that these birds were found in proximity to some high power lines and towers and it's quite possible that they struck those lines or towers.

SAVIDGE: Let's talk about the Arkansas event, because that was dramatically larger as far as numbers of birds. We're talking thousands. I'm wondering does the sheer number alone give you some clue or insight?

FISCHER: No, it doesn't. The number of birds involved does not give us any clues here. We understand that the Arkansas mortality occurred near very large bird roosts. So we had very large numbers of birds there to start with.

SAVIDGE: Have you had a chance to look at those yet?

FISCHER: We have not. We just received those birds this afternoon. We gave them a quick look right out of the box but still need to x-ray them and dissect them.

SAVIDGE: What about things like disease and disease perhaps that could not only kill birds but humans. Is there any indication of that?

FISCHER: So far no indication of that. There are diseases that can lead to traumatic injuries if they affect the central nervous system, the coordination, the ability of a bird to fly. So far we don't see an indication of that. But as part of our routine diagnostic procedures we'll look for those causes.

SAVIDGE: How often do you get cases like this?

FISCHER: We get cases like this very often. Wildlife mortality events are frequent and we investigate hundreds of them each year.

SAVIDGE: Any reason the public should be alarmed?

FISCHER: At this stage of the game, I don't see anything that would alarm me or precipitate alarming the public at all.

SAVIDGE: All right, Dr. Fischer, thanks very much.

FISCHER: You're welcome.

SAVIDGE: The toxicology reports are still going to take a couple of weeks, Brooke. And from now the way it looks, it appears the birds may have been startled flying close to the ground running into things. But that's just the preliminary indication. The full report is still sometime away.

BALDWIN: I see. But a lot of the people in Arkansas would like to know what in the world happened. Martin Savidge for us in Athens, Georgia. Thank you.

I want to get back to that breaking story, the one out of Oakland, Tennessee. We have aerial pictures from our affiliate WMC. You can see a lot of smoke. Let me remind you what you're looking at. This is aftermath of reports of an explosion at this plant. Again like I said, this is Oakland, Tennessee.

According to our affiliate here, one person is trapped. We're also told a firefighter is hurt. Police say there are still explosions going off inside of this plant. Again, pictures from WMC, a lot of smoke. It still looks like a number of cars there. I don't know how many people were inside. Obviously there were since one is trapped. We're working that story out of Tennessee. We'll get you updates as soon as we get them.

BALDWIN: Meantime, is it possible Michael Jackson's doctor didn't know CPR? And what is one body guard saying really happened in those moments? We're live on that scene. That is next.

Also, we're going to get you more on that breaking story out of Chandler, Arizona, just outside of Phoenix near that mall, the Chandler Mall. Stay right there.

(COMMERCIAL BREAK)

BALDWIN: Welcome back to the newsroom. We are juggling a couple of breaking stories. First a story just outside of Phoenix, Arizona, in Chandler. These are pictures from our affiliate of this mall. This is the Chandler mall. Apparently there was some sort of suspect -- a shoot-out happening inside the mall.

According to police, the suspect fled inside the mall and is now according to a detective I just spoke with live on air inside of that Baja Fresh restaurant from the complex mall who has also taken hostages. We're working that story, getting updates on that live here.

Also live pictures this is out of Oakland, Tennessee at this munitions plant. Now you can see most definitely firefighters reporting to the scene trying to hose this explosion down. It happened just a short time ago. Again, I say this is a munitions plant. There are people inside and we're confirming one person is still trapped inside.

Also we're reporting that there is at least one firefighter who is hurt. And we haven't seen it. According to my EP in my ear she's been keeping a close eye on this live picture, and so far she hasn't seen any explosions. But police say there are still munitions, still explosions going off inside of this building, inside of this plant. We're working that story. We'll pass along updates as soon we get those.

BALDWIN: Also Michael Jackson, his final doctor back in court today. And this is just a hearing. This is just a preliminary hearing to decide if there is enough evidence to take Dr. Conrad Murray -- take him to trial for Jackson's death for involuntary manslaughter.

But it looks and sounds a lot more like an actual trial with prosecutors laying out their case against him. Beth Karas has been covering that hearing. She is a correspondent for "In Session" on Tru-TV. Beth, I want to begin with the prosecution. They spent all day yesterday as you explained to me, using witnesses to paint Murray as bumbling and incompetent. Are they doing the same thing today?

BETH KARAS, CORRESPONDENT, "IN SESSION," TRU-TV: Well, yes. They are continuing to paint the scene of the bedroom where Michael Jackson died with another witness who testified today. He's the only witness so far. The court is in break right now.

You are absolutely right, Brooke, to say this looks like a trial. The only thing that's missing is a jury. It has basically the same rules going on in the courtroom and the defense attorneys are cross- examining the witnesses. The witness who testified today, Alberto Alvarez, actually assisted Conrad Murray, wittingly, unwittingly in cleaning up the scene before calling 911.

He arrived having been sum beyond by another Jackson assistant to a frantic Conrad Murray. Murray said, does anyone know how to do CPR because he had been doing it with one hand on the bed. Before continuing Murray said we need to get him to the hospital, he needs an ambulance.

Then the kids came into the bedroom and little Paris, Michael Jackson's daughter began screaming "Daddy!" and Murray said get those kids out of here, I don't want them to see their father like this and he had his eyes open and mouth open and appeared to be dead.

He had a catheter and IV hooked up to him. Dr. Murray was grabbing medical bottles and said to Alvarez put them in the bag and he started dumping medicine bottle in the bag and Murray started instructing him to put the bag over in the side of a brown canvas bag and said unhook that IV bag and put it in the blue bag over there.

This is before calling 911. Then he said call 911 and the dispatcher said get that man on the floor. You don't give it on a soft surface and the two lifted Michael Jackson to the floor. He was limp. He was nonresponsive and Alvarez did chest compressions while Murray was doing the mouth-to-mouth. This is while the paramedics were on the way.

When they arrived -- we haven't heard from the paramedics yet -- they found a lifeless Michael Jackson.

BALDWIN: I can't imagine those children having to watch that. And I know as you explained yesterday in a preliminary hearing this is really for prosecutors to present the evidence here. The defense doesn't really come out with an argument. But they do cross-examine. What's their tone today?

KARAS: Well, the cross-examination of the one that we heard today of Alberto Alvarez seems to be going in the direction of yesterday, where the three people who were at the house, upstairs and downstairs, security and personal assistants may have gotten their stories together, making it look worse, maybe they are expecting benefits. They are planting seeds, this is not fact -- accepting benefits from people, like the Jacksons in order to point the finger at Murray. But who knows?

BALDWIN: We're actually looking at a picture, "No justice, no peace." It was a banner that was spotted overhead yesterday over this court. Talk to me about the scene outside. Is it a bit of circus.

KARAS: A lot of fans were out here yesterday. It's much quieter today. I expect that people will come and go. It's a workplace, people have places to go and be. But towards the end we'll see more fans show up, too. Michael Jackson is always a draw, but --

BALDWIN: Of course.

KARAS: -- I don't think we're going to see the same presence every day.

BALDWIN: And as we see here, family members. Beth Karas for us there in California, thank you.

Flames ripping through a factory and now there are concerns about toxic smoke in the area developing this hour. Look at these pictures here. That is next.

(COMMERCIAL BREAK)

BALDWIN: This story, out of Oregon, out of Rainier, Oregon, this is according to the Columbia county sheriff's office. There has been a police officer, a Rainier police officer shot and killed there today.

Here's what I know. It's just been handed to me here in my hand. A reported disturbance at a car audio shop turned deadly. A responding officer got into a struggle with the suspect and then killed by a gunshot. The officer made contact with the suspect in the store and a struggle ensued. The officer was wounded with a gunshot and later pronounced dead.

Apparently police agencies from every single Columbia county law enforcement agency responded to the scene. More gunshots were fired. The suspect was wounded and taken into custody to a local hospital as well under guard, has not been arrested at this time. This coming out of Rainier, Oregon. And with that, let's go to break.

(COMMERCIAL BREAK)

BALDWIN: Developing right now, thousands of people near a raging chemical plant fire in the Netherlands are told to stay indoors? A firefighter says the fear is that all of that smoke there that you can see, all of those plumes could be toxic. The fire broke out earlier this afternoon. So far, no reports of injuries. no word on the cause.

And now time for the CNN Political Ticker. And we have Mark Preston actually down in Washington on a flight to Cincinnati, Ohio at the bar Andy's owned by House Speaker John Boehner's family where he and all 11 plus one equals 12 siblings were growing up. It's pretty exciting there in Boehner's hometown.

MARK PRESTON, CNN SENIOR POLITICAL EDITOR: It certainly is. When you're talking about blue collar America, you are talking about where I'm standing right now. This is where John Boehner started. This is where he worked as a young man behind this bar where he worked mopping the floor, as you said.

He was one of 12 children. His father owned this bar, his grandfather owned the bar. The bar is no longer in the family's hands but still holds the Boehner legacy. His sister still bar tends here and, of course, on the wall behind us there is a picture of his father. The American dream for John Boehner started right here, Brooke.

BALDWIN: Was there any kind of cheers or celebrations, the big moment where John Boehner officially was sworn in as House speaker? Talk to me about that.

PRESTON: There absolutely was. This is video that we had when John Boehner took the gavel from Nancy Pelosi right behind me. Everybody raised a glass in his honor. It's a Wednesday afternoon but people came out today because they realized one of their own is one of the most powerful Republicans in the country, one of the most powerful politicians, perhaps, in the country.

And, look, who needs a bigger boost than Ohio at this point which is hurting economically? But I'll tell you what, these folks are resilient, Brooke, and they are very happy that John Boehner is the new speaker of the House of Representatives.

BALDWIN: Very good, Mark Preston.

(APPLAUSE)

Huge cheers, huge cheer behind you. Mark, thank you. We'll get you another political update in about half-an-hour.