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Sen. Marco Rubio Launches Presidential Campaign; Hillary Clinton Takes Campaign Road Trip To Iowa; Kerry Makes Iran Nuclear Deal Pitch to Lawmakers; Agent Trapped in Cargo Hold Forces Emergency Landing; Volunteer Deputy Charged With Killing Black Man. Aired 7- 8:00p ET

Aired April 13, 2015 - 19:00   ET


[19:00:08] ERIN BURNETT, CNN ANCHOR: OUTFRONT tonight, breaking news just moments ago. Florida Senator Marco Rubio announcing he is running for president. On the heels of Hillary and Jeb Bush, does he stand a chance?

Plus, more breaking news. Manslaughter. That's the charge against a white police officer who killed a black suspect, this time in Oklahoma. He says he mistook his gun for a taser, and we do have the video.

And new audio from the South Carolina shooting revealing what the officer said in the moments after the shooting, and what made him laugh. Let's go OUTFRONT.

Good evening. I'm Erin Burnett. And OUTFRONT tonight, the breaking news. Rubio for president. Just moments ago, the Florida republican Senator Marco Rubio formally announced his candidacy, his announcement 24 hours after Hillary Clinton also announced she is running. We'll have more on that in a moment.

But first, the 43-year-old son of Cuban immigrants, the third republican in the race, now along with Texas Senator Ted Cruz and a man Rubio describes as a mentor, the former Florida Governor Jeb Bush.


MARCO RUBIO (R), PRESIDENTIAL CANDIDATE: Well, now the time has come for our generation to lead the way towards a new American century.


That is why tonight grounded by the lessons of our history, but inspired by the promise of our future, I announce my candidacy for president of the United States.



BURNETT: While Rubio took the stage, Hillary Clinton was on the road. Clinton opening her run with a road trip. New York to Iowa. She had reportedly two aides and three vans, and they stopped, talked to voters. And apparently they stopped to eat Chipotle.

Dana Bash is OUTFRONT tonight at Miami's Freedom Tower where Rubio made his announcement. Freedom Tower of course Dana, the first stop in America for many Cubans that were fleeing the Castro regime. This is the third republican presidential announcement so far. You've got Rand Paul. You've got Ted Cruz. Now you have Marco Rubio. How did this announcement compare?

DANA BASH, CNN CHIEF CONGRESSIONAL CORRESPONDENT: You know, it was very different in a lot of ways. But I think primarily because Marco Rubio is so relying on and building on what you just talked about, his personal history, the fact that he comes from Cuban exiles. The fact that he chose this building behind me, the Freedom Tower, because it was kind of the Ellis Island for Cubans coming to this country and coming here to Miami. But also, look, I mean, in the room for all of these announcements you have their core supporters. You the enthusiasm. But Rubio is different because he is known as an orator.

He is known to give these big speeches about big things like the American dream. He has given a version of this speech many times before, just not in the context of please make me president. One thing I will say is that at the beginning in the room, maybe it came across this way on television, he actually looked a little nervous, Erin. He was a little bit unsure of himself. Then he got his groove, no question about it. And he became kind of that, you know, rise up speaker that we've seen him give the kind of speech, we've seen him give so many times.

BURNETT: And Dana, you know, he might not have been there at all if it weren't for his mentor Jeb Bush. He took him under his wing, brought him up. I mean, no question about that. But of course also, Jeb Bush likely to run for president. So this cannot have been easy for Jeb Bush to watch today.

BASH: Probably not. But, you know, people close to Jeb Bush say that he is taking it in stride. I think it's a lot harder for the supporters of both of them here in Florida. People within the Republican Party especially who have been with them and backing them, whether it's financially or just in terms of organization for years and years and years. There were some people in this room just a short while ago for Marco Rubio who actually were Jeb Bush supporters, but they signed on with Marco Rubio because they didn't he was going to run. It's been a surprise to some people. But no question about it, these are two men who were linked very much.

I mean, if you look at old video of them, they were hugging. It was kind of a lovefest, and very much a mentor/protege kind of relationship, despite the fact that some Marco Rubio sources are kind of trying to push back on that now. But the bottom line, Erin, is that Marco Rubio has always done well going, as he said tonight, going out of his turf. He was the speaker of the state house here when he was just 34. He became senator at a time when the republican establishment had somebody else that they wanted, but he challenged them. So that's why he is telling his friends and supporters I feel like now is my time. And I'm told that he even said to Jeb Bush, nobody has the story to tell that I do. That's why I feel like I need to run right now.

BURNETT: All right. Dana, thank you very much.

And now to the Clinton road trip today. So she took a stop this afternoon at Chipotle in Ohio. There she is. She went unrecognized by the staff there until a reporter called and these security images were reviewed showing Hillary and behind her in black, her aide Huma Abedin, they both were in giant sunglasses at the counter. Sort of like a Thelma and Louise moment. I don't know.

Jeff Zeleny is OUTFRONT in Washington tonight. Zeff, Clinton's staff was claiming this road trip was 100 percent her idea. She wanted to do it, low-key, stop, not have people know who she was. Was it her idea? Is it going to work?

[19:05:20] JEFF ZELENY, CNN SENIOR WASHINGTON CORRESPONDENT: Erin, she is just like you, she is just like me. She stops at Chipotle. But look, it was her idea I'm told, but not necessarily an original idea. She did a similar thing when she embarked on a listening tour when she was running for the Senate in the state of New York. She went around to these small venue, often off schedule events. So, it was her idea in that respect. The question is it going to work? It's hard to know. But it does send a signal that she intends to run a very, very different presidential campaign this time around. It sends a message to the media, to voters and others that she is willing to do this her way, on her own terms. Not going to be as constrained and constricted. So, I think first and foremost, that's what it does. But look, at some point in time she has to address why she is running for president, not necessarily, you know, flashy things like this. But, you know, why not? She is someone who has, you know, been in the box for so long. Why not think out of the box a little bit. And I think when she finally gets to Iowa tomorrow, the voter there will certainly love it and they'll eat it up.

BURNETT: Yes. All right. Thank you very much, Jeff.

And OUTFRONT now, Ana Navarro, a Jeb Bush supporter, a longtime friend of Marco Rubio supporter, she is between a rock and a hard place. David Gergen, adviser to President Nixon, Ford, Reagan and Clinton. And Stephanie Schriock, president of Emily's List which is a group which has endorsed Hillary Clinton and pushes for women to be elected in high office.

Okay, thanks to all. David, let me start with you.


BURNETT: Marco Rubio was a protege of Jeb Bush. It was almost like a father/son relationship that you would see. His decision to run against him has shocked a lot of people. The "New York Times" was brazen in its word choice today, describing it this way, Shakespearean, backstabbing and unchecked ambition.

GERGEN: Ha-ha. Well, listen, it doesn't get rougher than that, does it? But I do think that there is an element here of that from the Bush perspective, it's a stab in the back. Because he had -- basically Marco Rubio had pledged he would not run if Jeb Bush was running. And here he is planning to do it. Now, I would say this. I think voters are going to overlook that. I don't think it's going to make a difference one way or the other, what was in the dynamics of the party and within the family dynamics. The Bush family places a high premium on personal loyalty. Very high. Much higher than most people do. They would have expected something different. They would have expected him not to run this time. And there is going to be an animosity among some members of that family toward Marco Rubio that could play out during the campaign.

BURNETT: Which is interesting. Maybe that's an interesting way to putting it that could play out during the campaign from some family members. I mean, I'm sure Jeb Bush will say and be gracious about it, say it's not a problem. But that doesn't mean that's not what he really feels and that doesn't mean that's what some people in his family may leak to the press.

ANA NAVARRO, REPUBLICAN STRATEGIST: You know, Erin, Jeb Bush is not the type of guy that dwells on stuff. I saw him on Saturday. We talked about this. Because he and Marco Rubio had actually just been on a plane together. They were coming back from Nashville where they both spoke at the NRA. And they decided to sit next to each other. In fact, Jeb commented to me that Marco had been working on his speech while sitting next to him. And, you know, Jeb said to me, I can't help it, he is my friend. I like the guy. I think you're going see both of them go out there and do their thing for a while. If it comes down to Miami, if it comes down to the Florida primary, certainly things are going to be getting more and more awkward as this moves along.

But at this point, I think it may be more awkward, frankly, for people like me who are friends with both of them and have chosen a side, or their staffers who have, you know, very passionate jobs that they are doing and need to get their guy elected. But between the two of them, so far it's fairly normal. And I would say that it's not Shakespearean. If it's going to be anything, we're in Miami. It's going to be a telenovela.


BURNETT: And Stephanie, I want to play something that Marco Rubio just said. Because he said we can't go back to quote, "the leaders and ideas of the past." This is not just a slap to Jeb Bush, but also to Hillary Clinton, who is 67 years old right now. And then he took a swipe directly against Hillary Clinton. Here is Marco Rubio.


RUBIO: Now, just yesterday, a leader from yesterday began a campaign for president by promising to take us back to yesterday.


BURNETT: Stephanie, it's tough words. I mean, America has not elected someone though when you actually look at the numbers, someone who will be as old as Hillary Clinton would be at elections since Ronald Reagan. Will age be an issue for her?

STEPHANIE SCHRIOCK, PRESIDENT, EMILY'S LIST, A PAC SUPPORTING HILLARY CLINTON: Well, the United States also has never elected a woman. And I think that's an important piece of this discussion. I do find it interesting, though, that Marco Rubio talks about this new American century, though his policies, like the policies of so many of the Republicans that are already running and are planning on announcing really are taking us back, particularly when it comes to economic opportunities for women and working families across this country. I mean, we're really looking for, I think all Americans are looking for economic opportunities, a fair shot, and economic agenda of equal pay for equal work. And yet what we're getting are policies out of the republicans that remind me a little bit of the "Madmen" era of the 1950s. So, I'm not sure what he is talking about moving forward. His policies are sending us backward.

[19:10:38] BURNETT: So, David -- let me ask you, David, because when you talk about whether Hillary Clinton's campaign is going to be different than last time, and you know, connect with voters in a way that she struggled to do last time. She made her announcement on a short video, right? She didn't do it in a room full of people. And the whole point about the video was just to reach out to people. While the "Washington Post" review from Ruth Marcus was, the video was relentlessly insultingly vapid. A Verizon commercial without the substance. That's pretty much the harshest review I think I've ever heard of. But the bottom-line is and you see her today going on this cross-country trip. She is in Chipotle in the Thelma and Louise sort of situation that she is in. Is this roll-out going to work? Is this Hillary Clinton who goes to Chipotle going to connect with people?

GERGEN: We don't know yet. It's so unorthodox. It so breaks out of the pattern that we've seen in the past, big rally, big announcement.

BURNETT: Right. Right.

GERGEN: You know, lofty dreams for the future that I don't think we can test it. I don't think we'll know for a while. I do think that they've got a serious issue here. And that is she has a long, long road ahead to sustain public interest in what she is doing.


GERGEN: Because there is no story. When there is no tension in the story, she is going to waltz to the democratic nomination it appears. And so she's going to look for new ways. And she wants to reintroduce herself. I do think the warm and fuzzy approach was a smart move out of the opening. I find it peculiar that what sounded like a listening to her driving out to Iowa from New York, which sound like, that's great. She did that very successfully in New York, listening to her. But when she goes in disguise and doesn't want to talk to people, I mean, what?

BURNETT: Right. They know where she was. In fact, to confirm it, I will say just for the record, you know, we had to call Chipotle. And they said they didn't know she was there and they had to actually check their surveillance video. And then there she was.


All right. Thanks very much.

SCHRIOCK: Though, Erin, I just wanted to add, though, like there is great photos of her with the Penn State student yesterday. And I think we are just going to see a lot of this. It's really important that this election coming up is about the American people. And -- what I and so many of us saw in that video yesterday were we're Americans. And I'm not sure any other candidate could have put together such an incredible visual of what this election is about. It's about middle class American families. And that is exactly what Hillary Clinton is going to be talking about in the months to come in this election.

GERGEN: All the candidates are for the American people. She has chosen a different way to do it. It may work. We'll have to wait and see.

BURNETT: We will have to wait and see. Right now of course, against both Jeb Bush, Marco Rubio, she wins 55 percent to 42 percent.

OUTFRONT next, a classified briefing to Congress as Russia says it will sell a major missile system to Iran.

And the breaking news. A white volunteer policeman charged with manslaughter tonight. He shot and killed a black man.

And more breaking news we're monitoring tonight. Screams from the cargo hold of an Alaska Air jet in flight, that breaking news next.


[19:17:22] BURNETT: Breaking news tonight. The Secretary of State John Kerry on Capitol Hill this evening making a last-minute classified pitch to lawmakers, trying to sell them on the President's nuclear deal with Iran.


JOHN KERRY, SECRETARY OF STATE: We hope Congress will listen carefully, but also give us the space and the time to be able to complete a very difficult task.


BURNETT: The time is not something Congress wants to give the White House. Kerry faces an uphill battle, democrats threatening to side with republicans to stop the President's legacy-making deal.

Jim Acosta is at the White House. Jim, the White House desperately trying to get Congress on board. They don't want to jeopardize this deal. They don't have a lot of time. JIM ACOSTA, CNN SENIOR WHITE HOUSE CORRESPONDENT: That's right.

With members of Congress back in town this week, Erin, the White House pitch to sell this nuclear deal with Iran is going into overdrive at this hour, as you said. Secretary of State John Kerry, Energy Secretary Ernest Moniz and Treasury Secretary Jack Lew are all briefing nervous lawmakers in the House. Kerry told reporters as you hold there, he wants to clear up what he calls misrepresentations of the agreement. But really the administration's goal is to slow things down on Capitol Hill. The Senate Foreign Relations Committee is getting ready to move a bill that would give Congress a vote on this deal. The White House has said the President would veto that bill. But there may be some wiggle room with that when I asked White House Press Secretary Josh Earnest whether an alternative bill could be crafted that would satisfy both the White House and members of Congress, he left the door open just a crack to that kind of compromise.

Meanwhile, the President also met behind closed doors today with a dozen Jewish American groups from conservative organizations like APAC to more progressive ones like J-Street. The White House did not want to give a lot of details about this. But a source inside that meeting tells me the President spoke for 45 minutes at one of these meetings, Erin, took questions and showed what one source called a depth of understanding of the deal. But that source also said people inside the meeting were expressing what this person called fears and anxieties that exist in the Jewish community over this agreement -- Erin.

BURNETT: Wow, 45 minutes. Thank you so much, Jim Acosta.

ACOSTA: That's right.

BURNETT: And joining me now OUTFRONT, someone who was in the room for Kerry's classified briefing. That's the chairman of the House Armed Services Committee, Congressman Mac Thornberry. Congressman, thank you so much for being with us. I appreciate it. Did John Kerry convince you that this deal makes sense? What did he say?

REP. MAC THORNBERRY (R), CHAIRMAN, ARMED SERVICES COMMITTEE: Well, he was very much in a strong advocacy mode about how this was the best deal we could ever get, and we needed to sign up to it. I would have -- I think it would have been more persuasive if he had been a little more factual and a little less of a hard sale.

BURNETT: All right. So, I mean, obviously they feel it's down to the wire and they're trying to give you this hard sale. You know, he came today to talk to you in this classified briefing on the same day Russia announced it's going to start selling Iran rocket systems. Now these systems have been banned under sanctions. So now they're going to start selling them again. The State Department came out quickly and said it doesn't believe that this missile system is going to impact the nuclear talks. But my question for you is, how big of an issue is this for you?

THORNBERRY: It's a pretty big issue because what it says is that Iran is going to take actions as far as beefing up their air defense to make it much more difficult to ever have a military option on the table in the future. But what it also tells me is that the administration is subrogating all the other foreign policy objectives to just getting this deal signed. And that really concerns me. Whether they're trying not to aggravate Russia, not to aggravate Iran and Yemen or Iraq, and it's that attitude of get a deal at all costs that I think has lots of countries around the world concerned.

BURNETT: Now, look, there is very few people who would say this is a good deal. But there are plenty of people who say it's a better deal than not having a deal at all. And one of the things this comes down to is the issue of sanctions. Because some people say look, let's just keep the sanctions going. If we kept them going, Iran would eventually cave. But truth is those sanctions were never going to last forever. The only reason a lot of countries agreed to them is because a negotiation was going on. So if all of the sudden the U.S. said you know what? This negotiation didn't work, everybody, but keep those sanctions on, a lot of people would say hey, forget about it. And the sanctions would start leaking anyway. So, when you look at it that way, it might make sense to do this deal, which isn't very good as opposed to no deal at all, right, sir?

THORNBERRY: Well, it's a key question. And that is certainly an argument the administration makes is the sanctions aren't going to last. So we better take what we can while we can. I think another way to look at it, however, is that for 12 years, this negotiation has been about denying Iran a nuclear weapons capability. But this agreement makes international ratification of that capability. It's just a question of how many months away it is. So it really turns on its head what this negotiation has been about for 12 months. And do we really want to put our stamp of approval on that? I'm not so sure.

[19:22:10] BURNETT: All right. Well, thank you very much. I appreciate your time. Chairman Thornberry.

THORNBERRY: Thank you.

BURNETT: And we also have some breaking news just in. An Alaska Airlines flight forced to make an emergency landing shortly after takeoff from Seattle. The pilot reported hearing banging and screaming coming from beneath the airplane. Let me just remind you, it was in the air. After landing they found a ramp agent locked inside the cargo hold.

Rene Marsh is live at Reagan National Airport. Rene, this is pretty stunning. What do you know about what happened?

RENE MARSH, CNN AVIATION CORRESPONDENT: It is absolutely stunning discovery. As you mentioned, this plane was in the air for 14 whole minutes before this person was able to walk themselves out of the cargo hold of this aircraft. At this point, the airline only saying that they are investigating. It is unclear how this happened. Again, we do know that this plane that left Seattle bound for Los Angeles took off, and then there were those sounds of banging. According to reports here, we are told by the airline that as this person walked out of the cargo hold upon landing, this person told authorities that he essentially fell asleep. We know that. It seems as if this ramp agent will be okay, but still taken to the hospital as a precautionary measure. We should mention this portion of the aircraft was pressurized and temperature controlled. So again, this person should be okay. But now the investigation is under way as to how in the world this happened -- Erin.

BURNETT: It's pretty scary on a lot of levels. You think about how anybody then could theoretically get in, you think about how a ramp agent is sleeping on the job inside an airplane. On every level, so much of this is so disturbing. Rene, thank you very much, Rene covering that breaking news. If we get more details during this hour, we'll bring them to you.

Next though, the breaking news about a volunteer police officer, he is charged with killing a suspect. He was a major donor to the police force. So should he have even been at the scene? We have the video for you.

Plus, new audio from the South Carolina shooting. The officer laughing about feeling an adrenaline pumping after the shooting.


[19:28:12] BURNETT: A white volunteer deputy is now facing manslaughter charges after shooting and killing a black suspect. The incident was caught on camera. So as you can see it here, all right, you've got the black suspect running away. He is then subdued. All right? So he is subdued. Seconds later, a single gunshot is heard.


UNIDENTIFIED MAN: I need you to roll on your stomach, now. (Gunshot)

UNIDENTIFIED MAN: Oh, I shot him, I'm sorry.


BURNETT: And you just heard the 73-year-old reserve deputy's voice there. Oh, I shot him, I'm sorry. Authority says the deputy actually meant to use his taser. The victim's family, though, desperately wants answers, and they deserve them. And in a moment we're going to speak to the deputy's attorney.

First though, Atika Shubert is OUTFRONT.


ATIKA SHUBERT, CNN CORRESPONDENT (voice-over): This is the moment Eric Harris appears to sell an illegal 9-millimeter handgun to undercover police in Tulsa, Oklahoma. Seconds later, he flees the scene. Police wrestle him to the ground. Shouts of taser.


SHUBERT: Then a fatal gunshot. (Gunshot) UNIDENTIFIED MAN: Oh, I shot him, I'm sorry.

SHUBERT: And an apology. But the shooter is not a police officer, and the gun his personal weapon. He is Robert Bates, a 73- year-old insurance executive and reserve sheriff's deputy. He now faces a charge of second-degree manslaughter. Police released this video on Friday, saying it shows Bates fired his weapon, believing it was a taser.

UNIDENTIFIED MAN: He believed it was critical to get Harris subdued as soon as possible.

SHUBERT: But Harris' family questioned why Bates was even on the scene with a weapon to begin with.

UNIDENTIFIED MAN: It's awful hard without me getting emotional, to really understand how he felt laying there with a knee to your head, people sprawling you out, a 74-year-old man boom, come gun you down.

SHUBERT: And they're not alone in asking questions.

PETER MOSKOS, JOHN JAY COLLEGE OF CRIMINAL JUSTICE: I'm going give the shooter the benefit of the doubt. I think it was an accident, a tragic accident. But why was he using his taser in the first place? That does seem something more likely about somebody who wants to play cops and robbers and volunteer for it.

SHUBERT: For Bates, it was not his first time making an arrest. He was police officer from 1964 to '65, and a reserve deputy since 2008, with 300 hours of training and 1,100 hours of community policing, according to the sheriff's office. He was also a frequent contributor to the Tulsa County sheriff's office, including $2,500 to the reelection of Tulsa Sheriff Stanley Glantz.

MOSKOS: There are many reasons you want to help your police department. But certainly the appearance of paying your way into the situation, it rubs me the wrong way.

SHUBERT: Bates has made no public comment and Harris' family is demanding an independent investigation.


SHUBERT: Now there is nothing unusual, Erin, in reserve deputies being used by police departments. But it's really up to the individual sheriff's office to decide when somebody volunteers as a reserve deputy if there is an age limit, what kind of training they get, and, of course, whether or not they'll be placed in a situation like this with an undercover gun and drug bust, which as you know for many police officers, one of the most volatile and dangerous situations even a seasoned officer can be put into, Erin.

BURNETT: All right, Atika. Thank you very much.

OUTFRONT now, Scott Wood, Tulsa County reserve deputy, Robert Bates' attorney.

I appreciate you taking the time, sir, to come on, and hopefully explain your client's side of this. Bates just charged hours ago with second-degree manslaughter. He says that this was an accident, that he meant to reach for his taser, reached for his gun, and obviously shot this man accidentally.

What is his reaction to the charge tonight, being charged with manslaughter?

SCOTT WOOD, ATTORNEY FOR TULSA COUNTY RESERVE DEPUTY ROBERT BATES: Well, obviously, he is upset over the circumstances. We were hopeful that we could convince the district attorney that a charge of manslaughter really didn't fit this factual scenario, and that it was excusable homicide under Oklahoma law. But obviously, the district attorney thought otherwise.

BURNETT: And I want everyone to know as you're seeing this video while you're talking, this is video that was taken from another officer's on the scene body camera. Basically weren't his camera. So, this isn't from someone taking this on the street. This came from the police themselves.

Now, a sergeant with the police department, Scott, said Deputy Bates did not commit a crime. After the suspect was brought down by police, your client, Robert Bates yelled "taser" and then he opened fire. Let me just play that portion of the video one more time.

WOOD: All right.




UNIDENTIFIED MALE: I shot him, I'm sorry.


BURNETT: You heard him yell "I shot him, I'm sorry." After he, of course, says "taser."

Now, the question you just heard raced in Atika Shubert's reporting was there were already officers on the ground subduing this suspect, touching this suspect. It would seem in that situation you would never use taser because you could injure the officers as well. It raises question of your client's training. We heard he's a police officer back in 1960s for one year.

What kind of training did he receive?

WOOD: He has had all the requisite training that the state of Oklahoma requires of a reserve officer, close to 300 hours of training over the last few years. Plus, all the training that he had before he became a police officer. Now, obviously, tasers were not in use back in the 1960s. But he

is taser certified and receiving that training in 2009.

And I would like to correct the record. Mr. Harris was not subdued at the time Mr. Bates decided to use or try to use his taser. He was still on the ground. He was not complying with orders. In fact, he had resisted arrest ever since he jumped out of the cab of the truck and took off running.

So, the announcement made by Bates, "taser", is to let the other officers know on the scene that he is about to deploy. And in fact I understand that one of the officers who was on top of Bates trying to get control of him actually leaned back so.

BURNETT: So he could tase. OK.

WOOD: He did say tase.

BURNETT: All right. So, obviously, would be an important angle of the story. Let me ask you about this one, because you know this is out there. Robert Bates is a big support other telephone police department, reportedly donating thousands of dollars worth of equipment to the force, including cars, guns, stun guns, so-called sunglass cameras, all of those things.

To some people this says look, this guy is 73 years old. He was a cop back in the 1960s. Did he essentially because he is a big donor buy his way on to the force? I mean, that possible?

[19:35:00] WOOD: Well, if he didn't have the requisite training, I'd say it was an issue. But he has the training to be where he was and be utilized in the fashion that he was used that way.

And I want just to make the record clear -- he was not on the arrest team. It was the fact that Mr. Harris was able to run so far away from the scene before a deputy caught up to him, essentially Reserve Deputy Bates was kind of thrust into the situation.

BURNETT: All right, Scott Wood, thank you very much. I appreciate you taking the time, sir.

I want to bring in Harry Houck now, retired NYPD detective.

You just heard Mr. Bates' attorney, making the case. What do you say?

HARRY HOUCK, RETIRED NYPD DETECTIVE: Well, listen, you know, clearly, this guy didn't do it intentionally to pull his gun out and kill this guy. We could probably say that there was no intent to kill.

But what is really strange in this -- why do you have a volunteer officer on a gun buy operation? You know, where you got to have detectives.

BURNETT: He is 73 years old. HOUCK: Right. Well, that's another thing. He is 73 years old,

all right? And usually, when you have a taser, you got to have the taser on one side and your weapon on the other. This way you don't make the mistake by pulling your weapon.

BURNETT: So, it's always on the same side.

HOUCK: Right. It's always on the same side, and your taser is on this side.


HOUCK: So how this guy mistakenly did it tells me he did it is so fast he wasn't watching what he was doing, fired, and at the last minute, oh my God, I shot at this guy.

Now, also, you to take into account, okay, this guy is 73 years old. Is he mentally capable to be able to do this kind of a job? What is the age limit on reserve officers? Can you be like 90 and out there? I mean, so what is it?

BURNETT: Right, right. And, of course, the fact that he was a big donor.

There is within last thing I want to ask you. The suspect says he is having trouble breathing. This is after he had been shot. He didn't die immediately. It was a painful death.

Another officer -- he says, "I'm losing my breath." Another officer responds, "F your breath."

HOUCK: Right.

BURNETT: Put his hands back.

Is that an appropriate response? Because there are some who would say, OK, well, now, you're talking about the fact that the suspect is black, the officers are white.

HOUCK: Yes, that didn't have nothing to do with the color of the guy you're fighting. You're fighting this guy, right? You're in the middle of wrestling around. You know, you might say some stuff to the guy, you know. If he is telling you he can't breathe, he is breathing, because you can't talk if you're not breathing.

Every time I made an arrest, every time you tried to handcuff, somebody saying I can't breathe, this way they can get loose and maybe fight and get your weapon. So, you just to get the cuffs on and after that, it's clean.

BURNETT: All right. Harry Houck, thank you very much.

HOUCK: Thank you.

BURNETT: And OUTFRONT next, new audio from the South Carolina shooting. Why was the officer who shot Walter Scott told to wait days to provide his version of events to investigators? We also have him laughing moments after that shooting. We're going to play that for you.

And new video tonight from ISIS. You have to force yourself to watch this. But this is important. Our report is coming up.


[19:41:41] BURNETT: Tonight, new audio of the moments following the police shooting of an unarmed black man in South Carolina. In the recording captured by a dash cam, you hear Officer Michael Slager talking and laughing about how his adrenaline is pumping after he killed 50-year-old Walter Scott.

Jason Carroll has our report.


JASON CARROLL, CNN NATIONAL CORRESPONDENT (voice-over): More audio from the deadly shooting gives insight into what Officer Michael Slager said after he shot Walter Scott. The recording capturing conversation between Slager and another officer.


CARROLL: Slager can be heard briefly explaining why he shot Scott.

Later an officer tells Slager what to expect.

UNIDENTIFIED OFFICER: You're going to be off for a couple of days and we'll come back and interview you. I'm not going to ask you any kind of questions right now.


CARROLL: Slager is then told his weapon will be taken, and that his official interview could be in a few days. Slager is not heard expressing regret for what happened on the recording, but he is heard laughing a bit about the adrenaline rush following the shooting.

UNIDENTIFIED OFFICER: Probably be a good idea to kind of jot down your thoughts of what happened.


UNIDENTIFIED OFFICER: What you -- the adrenaline pumping and stuff.

SLAGER: Pumping.



CARROLL: Amateur cell phone video shows Slager shooting Scott in the back several times as he ran away.

The Scott family attorney says it also shows Slager trying to plant his taser next to Scott's body. Slager's attorney did not return our calls. The investigation being handled by the South Carolina Law Enforcement Division, or SLED. They have already interviewed Slager at least twice. The last time was this past Saturday. SLED spokeswoman described that conversation as, quote, "brief".

SLED will also interview the first backup officer on the scene after the shooting, Officer Habersham. According to police incident report, Habersham says, "I attempted to render aid to the victim by applying pressure to the gunshot wounds and directing the best route for EMS and fire to take to get to the victim faster."

The cell video phone appears to show Habersham using his radio. The video also shows him putting on blue gloves, but does not appear to show him immediately giving aid to Scott when he arrives, but does show him moments later applying pressure to Scott's wounds.

Could Habersham's or other officer's actions come under investigation? SLED saying Monday, "We are investigating the incident itself and that includes interviewing everyone at the scene. We are still in the process of doing that."


CARROLL: And, Erin, a spokeswoman representing Slager's law firm says it might be a while, actually before Slager's attorney decides to come out and address the media. You remember he was upset about receiving information in terms of trying to develop his case from investigators. Meanwhile, a small group of protesters gathered out here tonight in front of city hall. They said what happened here, what's happened in Ferguson, what's happened in New York and now Oklahoma, they say all examples of why police departments all across the country need to be more closely monitored -- Erin.

BURNETT: Jason, thank you.

OUTFRONT now, our legal analyst Paul Callan.

Paul, first, the sort of laugh that you hear when he talks about the adrenaline pumping. What does that do?

[19:45:00] PAUL CALLAN, CNN LEGAL ANALYST: Well, it's not going help him in front of a jury at all. It's a nervous laugh, obviously. But a man died. And I don't think people are going to take well to that.

BURNETT: He also says that the man was trying to take his taser. But, of course, when you see him shoot the man, the man is far away from him, running away from him. And the police officer has his taser on him, and he is well aware of that because you see him put it next to the man.

CALLAN: That makes this audiotape a critical piece of evidence. Because that establishes that it was only the taser incident that caused him to open fire. Remember, he has to be in actual danger at the time he fires the fatal shots. And I thought he would say I thought he was going for a second gun that I thought he had. That's out of the case now.

So I think this is really going to damage the officer's defense.

BURNETT: Right. Because you have him saying that the guy, he thought the guy had his taser when you can tell from the video he knew full well the guy did not --

CALLAN: Meaning, he was not threatened at all when he shot the guy in the back. I think this really undermines his potential defense in the case.

BURNETT: All right. Paul Callan, thank you very much.

And OUTFRONT next, new is video. Incredibly powerful explosions. You're not going to believe what they destroyed with these explosions. We have a special report.

And on a much lighter note, our own Jeanne Moos with the chimp who is a modern day King Kong. We'll show you.


[19:50:48] BURNETT: New horrific propaganda video from ISIS. Let me play a little bit of it for you.


BURNETT: Those massive explosions are purportedly ISIS destroying one of the most important archeological sites in the world. That's tonight's money and power. ISIS believed to be funding its terror organization in part from loathing ancient artifacts and then selling them on a billion dollar black market. This is far from the first time ISIS has reduced ancient relics to rubble. But this latest video is truly appalling.

Fred Pleitgen is OUTFRONT.


FREDERIK PLEITGEN, CNN SENIOR INTERNATIONAL CORRESPONDENT: More than 3,000 years of history obliterated in seconds. This video was released by ISIS. CNN cannot independently verify its authenticity, but it purports to show the radicals destroying Nimrud, one of the most important archeological sites in Iraq.

ISIS fighters used power tools to break down ancient statues, frescos and walls. These are the remnants of an ancient Assyrian civilization. Nimrud used to be its capital. They stood since the 13th century B.C. and survived many wars, but were destroyed by the militants probably in less than a day.

The United Nations called ISIS' destruction of cultural treasures in Iraq and Syria war crimes. ISIS just attacked Iraq's most important oil refinery in the town of Baiji. The government acknowledges militants made it into the premises, but says it's forces are in control of the situation.

Elsewhere, ISIS is suffering setbacks on the battlefield, due to coalition airpower and better organized Iraqi forces.

Still, videos of the destruction of cultural sites keep emerging, this one, the authenticity of which, CNN cannot verify, allegedly shows ISIS fighters ransacking the museum in moos you will, wrecking ancient statues and other artifacts.

"We're afraid for the safety of our archeological sites that are controlled bring these gangs", says the head of Iraq's Antiquities Board.

But so far, there's virtually nothing stopping ISIS from reeking havoc on Iraq's rich heritage.

"By God, we will destroy the signs of polytheism, and we will destroy the graves and shrines of the Shiites", the militant says. "We will smash the Christian crosses and we will demolish the White House in the middle of America, the home of the infidels."

While ISIS seems to be losing ground in Iraq, their battle to destroy this region's cultural treasures is still in full swing.


PLEITGEN: And, Erin, there are members of the Iraqi government who have said they want the U.S. and its allies to conduct more aerial surveillance to make sure that militants can't move in on archeological sites. But, of course, with so many active battlefields both in Iraq and Syria, it's going to be pretty hard to do -- Erin.

BURNETT: All right, Fred. Thank you.

Pretty hard to do when you think about time and effort they took to get those massive explosions just truly sick and demented.

OUTFRONT next: Jeanne Moos with the battle of drone versus chimp and the chimp wins.


[19:57:52] BURNETT: So, chimpanzees are very social, as you may know. But it turns that they also have a penchant for privacy.

Here's Jeanne Moos.


JEANNE MOOS, CNN CORRESPONDENT: How many chimps does it take to down a drone? One, plus a branch -- watch a middle aged female get off her tush and whack that sucker at Burgers Zoo in the Netherlands.

BAS LUKKERNAAR, SPOKESMAN, BURGERS' ZOO: She hit it spot on and, well, it collapsed.

MOOS: Zoo spokesman Bas Lukkernaar saw it happened and was flabbergasted. He was shooting an episode for a TV show about the zoo.

The chimps didn't just happen to be holding branches, zoo officials said they armed themselves against the drones.

Tushy (ph) is notorious for having a good arm for throwing things. The drone work worth a little over 2,000 bucks was demolished.

LUKKERNAAR: That was a bummer.

MOOS: But it wasn't a bummer for the chimps on the ground. Took some ultra-close-up selfies, the chimpan-selfies as the zoo calls them.

But the chimps got board with the camera a lot faster than humans do. Remember when GoPro cameras were getting stolen by creatures like octopuses. So passe. Now, critters have branched out to drones. From a golf course goose, to a swarm of bees attacking a drone from a Florida TV station.

UNIDENTIFIED MALE: When you see the video, it looked like star wars.

MOOS: Then, there was the New Zealand ram named Rambro. It rammed a drone.

The funny thing is, that when the drone operator came face to face with the ram he acted like a chimp.

As the owner retrieved his down drone, he used a stick to ward off Rambro just like you know who.

Tushy reminded us of yet another buzz. King Kong eventually lost his perch. But Tushy --

UNIDENTIFIED MALE: Well, these chimpanzees have out-clevered the humans.

MOOS: It's hard not to drone on about how smart she is.

Jeanne moos, CNN, New York.


BURNETT: She's got a good idea, maybe instead of just complaining about so much. You should just knock them out of the sky.

Thanks for joining us. Be sure to set your DVR to record OUTFRONT so you can watch us anytime.

Anderson starts now.