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Legal View with Ashleigh Banfield

Chattanooga Shooting. Aired 12-12:30p ET

Aired July 22, 2015 - 12:00   ET

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

[12:00:00] KATE BOLDUAN, CNN ANCHOR: Aware of this bulletin. We'll have much more on this throughout the day.

Thanks for joining us "AT THIS HOUR." LEGAL VIEW starts right now.

RANDI KAYE, CNN ANCHOR: Hello, everyone, I'm Randi Kaye handling LEGAL VIEW today for Ashleigh Banfield.

I want to take you live now immediately to Chattanooga where the FBI and the U.S. attorney are facing the camera to answer some questions, hopefully give us some new information on this Chattanooga, Tennessee, shooting from last Thursday. Let's listen in a bit.

BILL KILLIAN, U.S. ATTORNEY FOR EASTERN DISTRICT OF TENNESSEE: We want to extend our sincere thanks to everyone who has participated and is participating with us in this investigation, especially FBI, whose tireless hours by several hundred agents at every level are worthy of our deepest gratitude. The cooperation and coordination of law enforcement and the military at every level has been extraordinary.

At the end of our comments, the FBI special agent in charge, Mr. Reinhold, will answer a few questions. Please understand that due to the nature of this ongoing investigation, we will not be able to answer all of your questions. Please identify yourself and your organization you represent is when you ask a question.

As this involves an ongoing investigation, no further regular press briefings are scheduled after today unless information becomes available that can - we can - that can be shared with the public. You will be notified in advance of any releases and upcoming press briefings by the United States attorney's office.

And now I want to turn the mic over to Major General Paul W. Brier, the United States Marine Corps.

MAJ. GEN. PAUL BRIER, U.S. MARINES: Good afternoon.

When history records what happened in Chattanooga last week, it won't be remembered for the heinous actions of one individual. The legacy of that day is one of valor. A day of American strength. That morning, five Marines were at our Chattanooga recruiting office as part of the Marine Corps recruiting command, which has over 1,500 offices in the United States and its territories. Their response to the attack was immediate. They took cover. They egressed to safety. During the attack, one Marine was wounded. He has been treated and released. The 131 Marines and Sailors of Battery M, Third Battalion, 14th

Marines are part of the Fourth Marine Division, whose 17,000 Marines and Sailors are located in communities across the United States from Maine to Hawaii. On 16 July, 20 Marines and two Navy Corpsmen were at our Chattanooga training center inspecting their equipment. They had recently returned from a field training exercise in California. Although I cannot share the specific details about what happened that morning, I can tell you that our Marines reacted the way you would expect, rapidly going from room to room, they got their fellow Marines to safety. Once they had gotten to safety, some willingly ran back into the fight.

All of us can be extremely proud of what our Marines did that day. Tragically, four Marines were killed. We are incredibly thankful for the bravery of the responding police officers. Their immediate actions that day saved lives.

[12:05:00] To the families and friends of our fallen, you are in our hearts, our thoughts, and our prayers. Our first priority is ensuring our families are taken care of in the wake of this tragedy. We are making every effort to help them through this difficult time. To this end, the Marine Corps has assigned teams of Marines to support our families in Chattanooga and other locations in the United States.

Marines and Sailors are warriors and we are resilient. That said, this is a very difficult and painful time as we cope with the loss of our Marines and Sailors. We are providing support and resources to help them deal with this tragedy.

The outpouring of support from the citizens of Chattanooga and the surrounding communities is deeply appreciated. It gives us strength. Words cannot express how much it means to those of us who serve you and our nation. As Marines, it is our sacred duty to always remember Gunnery Sergeant Thomas Sullivan, Staff Sergeant David Wyatt, Sergeant Carson Holmquist. Lance Corporal Squire Wells, and our Navy shipmate, Petty Officer Second Class Randall Smith. They have joined the ranks of our heroes who have died in the service of this great nation. They will be missed, but never forgotten.

Thank you.

REAR ADM. MARY JACKSON, U.S. NAVY: Good afternoon.

Just six days ago, a senseless act of violence at both the Chattanooga recruiting station and the Navy Operational Support Center claimed the lives of five members of our department of the Navy family. My deepest sympathies remain with the families of our Sailor and our fallen Marines whose lives were taken with these unimaginable acts of violence. The grave impact reaches far and wide.

On behalf of Navy leadership, I would especially like to thank the Chattanooga Police Department under the leadership of Chief Fletcher, absolutely amazing, and the first responders who reacted and responded that day with such veracity and determination that they most certainly - most certainly - saved lives. Additionally, the leadership from and the coordination amongst the federal, state, and local law enforcement agencies to conduct a thorough investigation is comprehensive and reassuring. We are committed to work with our partners and law enforcement represented here as you see on the stage, to investigate, review, and guard against future vulnerabilities and to safeguard the security of our service members and their families. It is an absolute imperative.

Throughout our nation's history, Sailors and Marines have served overseas in harm's way and have experienced the deep and lasting pain of combat loss. Today, here at home, we feel that pain. And at the same time, we are reminded that we serve with and alongside brave and valiant Sailors and Marines, just like those at the recruiting station and the Navy operational support center who were well trained and they responded courageously under fire. The best our nation has to offer.

[12:10:29] In the days ahead, our priority will be to take care of the families of those affected. While the tragedy in Chattanooga is both devastating and senseless, the healing process is ongoing. We've brought to town a cadre of chaplains and grief counselors that are here to bolster our service members and their families and to fold into the great efforts that are already being offered. The citizens of Chattanooga have been incredibly generous with their thoughts and prayers, which are foundational and continue to make a huge difference during this process of recovery.

There is significant interest in the well-being of Petty Officer Smith's family and the families of our fallen Marines. And I have had the opportunity to meet with Mrs. Smith. She is a remarkable woman and she is resilient. She is extremely appreciative of everyone who has expressed their concern, yet she also asks in your - for your understanding in respecting her privacy as she goes through this very difficult time. She has faced a horrific tragedy, as have the Marine families.

I can assure you, without a doubt that we are honored and humbled to serve our nation, both at home and overseas. And what Chattanooga has done to rally during this very difficult time is the epitome of why we serve.

God bless America.

ED REINHOLD, FBI SPECIAL AGENT IN CHARGE: Good afternoon.

Before I get into the actual briefing concerning the events of that day, I would like to thank the community here in Chattanooga for the outpouring of support that we have received concerning this investigation. The folks have stepped to the plate and performed admirably, supporting us as we do this investigation.

I know there are going to be many questions about this tragic event, especially about the shooter and why he did what he did. We have those same questions and are working hard to get those answers. But, please, keep in mind, this is a complex and ongoing investigation and we are still in the early stages of piecing together exactly what happened and why so we can provide you the most complete and accurate picture. It is very important not to jump to conclusions about what happened, so I would ask that you please be responsible when talking about the case. Let us gather the facts we need in order to honor our heroes' ultimate sacrifice.

With those caveats, I want to share some additional information with you about what we believe happened at both crime scenes which will no doubt show how heroic our service members were on July 16th.

Shortly before 11:00 a.m. on July 16th, the shooter drove up to the armed forces recruitment center and fired shots. He did not get out of his vehicle at that time. He then proceeded - he then proceeded to the Amnicola Highway site, where he crashed through the gate at the Naval Reserve Center. . The shooter exited his vehicle armed with an assault rifle, a handgun, and numerous magazines of ammunition. A service member from inside the facility observed him and opened fire on him, firing several rounds at him. The shooter then responded by shooting into the building.

The shooter approached the front of the building, enter into the facility, and then shot the first service member inside the facility. He then made his way throughout the building, continuing to shoot at those who he encountered. He then exited the building out of the back of the facility and into the gated motor pool area where he killed two more service members.

[12:15:23] Two service members attempted to provide cover and assist the military personnel getting over the fence and away from the shooter. The shooter continued to fire and killed two additional service members. The shooter then attempted to move inside the compound, at which point he was engaged by the Chattanooga Police Department, where one CPD officer was wounded. CPD returned fire and neutralized the shooter. The heroic actions of these service members doubtlessly saved numerous lives.

Moving forward, we have evidence collected and testing are still ongoing with the FBI, along with our law enforcement partners, and we will continue to work tirelessly on this investigation. The FBI has been working almost 400 leads and has an estimated 250 FBI personnel on the ground, in the area, and hundreds more working across the country and around the globe on this investigation.

I will leave you with this, there's a lot of reporting out there on what some people believe to be bits and pieces of evidence. Whether true or not, we cannot explain what these reports might mean without a full context of the evidence that a thorough investigation provides. And let me reassure you that the FBI will conduct a very thorough investigation.

Again, I would like to thank our law enforcement partners NCIS, ATF and other agencies involved in this investigation, and our community partners, as well as the entire community of Chattanooga for their continued cooperation and support.

At this time, we will take a few questions. All questions will be answered by myself, so please do not direct questions toward other members of the panel.

QUESTION: (INAUDIBLE). REINHOLD: For those of you who didn't hear the question and I will try to paraphrase it because - and make sure I get it right. Reports of mental illness by family members concerning the shooter, as well as possible radical information on the Internet that he may have observed.

I'm not going to go into the details as to what we have found on the various pieces of media that we have obtained, again because it is an ongoing investigation. As far as mental health, we have heard the same reports and we are investigating that to determine whether or not there is any validity to those.

Right down here in front.

QUESTION: Hey, Aaron Cooper with CNN.

There's been reports that there were some personal or privately owned weapons used in responding to the shooter. Can you tell us how many of those were used, who used them and were - did anybody hit the shooter? Did anybody hit anyone else? Was there any friendly fire incident?

REINHOLD: OK. Well, since he had a microphone, I don't think I need to repeat the question.

So we'll start with the weapons that were recovered inside the facility. We found three weapons inside the facility that we believe - well, we know belong to the shooter. One weapon was located in the vehicle and two weapons were located on his person. Two additional weapons were recovered at the scene. Those weapons belong to service members and they were - at least one of the weapons was discharged at the subject. Whether he was struck by those individuals is unclear at this time. The autopsy results are still pending. And once we get those, we'll be able to make that determination.

QUESTION: Were those officers authorized to have those weapons?

REINHOLD: As far as any authorization of weapons, it's not relevant to our current investigation. That's an investigation that will be conducted separately by the military. And I'm sure they will address it at some point when they have completed their investigation.

OK, I'm going to go ahead and move on to the next, so we can share the field here. Who's in the - yes, sir.

QUESTION: Miguel Almaguer with NBC News.

I'm curious if the ballistic reports have come back from the shooting or if you know all of the victims were, in fact, shot by the gunmen and not officers that may have been responding and trying to take down the shooter.

REINHOLD: OK. I can tell you that - and the question is, and I'm not sure he had the mic up high enough for everybody to hear. Were the ballistic reports returned that would indicate whether or not the shooter - or the victims, I'm sorry, whether the victims were hit by friendly fire. All indications are - and we do not have the ballistic reports yet back - preliminarily, it looks like the - all the victims were killed with the same weapon.

[12:20:13] Yes, ma'am?

QUESTION: (INAUDIBLE) with Fox 17 News out of Nashville, Tennessee.

Can you tell us anything about Abdulazeez uncle and his visit to Jordan? And is that part of the investigation?

REINHOLD: The question is, can I tell you about the shooter's uncle in Jordan and is that part of our ongoing investigation.

The FBI will explore every possibility and every relative and associate that he has no matter where they are located. If his uncle is located in Jordan, and I am certain that we will work with the Jordanian government to get any information that we possibly could.

QUESTION: Erik Schelzig, Associated Press.

You've been doing a lot of interviews of friends and family in the two days running up - or I guess in the time running up to the incident. I was curious what you could share with us about what you found out from those interviews, specifically in these two days where the family thought he was back in his work job elsewhere when he was really hear what a rented Mustang.

REINHOLD: So the question is, can I share with you anything that the relatives or people we've interviewed with you.

At this point, no. Again, and I suspect you suspected that answer would be mine. Obviously, these - it is an ongoing investigation. We are extremely - as I said - as we said earlier, we've covered well over three - I forget the number of leads, but a significant number of leads. Every day more and more leads are generated. We are running full speed. We have close to 700 to a thousand agents working - or personnel working on this full time. So, again, I can't share the particulars of any statements given to us by witnesses.

Yes.

QUESTION: (INAUDIBLE).

REINHOLD: I can tell you - the question is, can I tell you were the weapons were purchased. Were they purchased legally? And were any of the weapons modified? None of the weapons were modified. As for where the weapons were purchased, we are - we know where the weapons were purchased and I'm not prepared to discuss any further than that. Again, we're pursuing those leads.

Yes, sir?

QUESTION: I was wondering if you could clarify once again where the Marines who were slain died because I was a little confused when you said two Marines tried to provide cover for Marines trying to help others get to safety. Two died inside and two outside. I just wonder if you could go over that scenario one more time. REINHOLD: OK. One service member died inside the facility, or was wounded inside the facility. Four service members were killed outside the - outside the actual building. So inside the fence. So the four service members were killed inside the motor pool area, one service member was mortally wounded inside the facility.

QUESTION: There was just some confusion because the aerial photographs that day shows two Marines slain outside and you're telling us today that four were -

REINHOLD: I'm telling you four service members were slain outside the facility, meaning the building itself, but inside the fence. One service member was mortally wounded inside of the facility.

In the back with the -

QUESTION: Eric Avanier (ph) from WDEF News 12.

How close was the shooter to actually gaining access into the building itself?

REINHOLD: As I described the scenario here, the build - the shooter made entry into the building, proceeded to move through the building, pursuing the Sailors and Marines who were attempting to evade him. So he did make entry into the facility.

Yes, ma'am?

QUESTION: How far away were CPD officers once the shooter made entry into the gate? I understand it was some time (INAUDIBLE). Were they already on route to that location?

REINHOLD: My understanding is that - and where were the - where were CPD in relation to where the shooter was when he crashed through the gate? The CPD was in pursuit, however, not right on his bumper. They made entry as fast as they could. Again, once inside that facility, you have to try to locate the shooter, which is difficult because, obviously, he is moving. So they are - they are moving toward the gunshots. And they - as soon as they encountered him, they engaged him.

Greg (ph), over here.

QUESTION: Yes, (INAUDIBLE) from WSMV in Nashville.

There are varying reports about whether this individual was a follower of radical Islam, whether he was an extremist. In your research and investigations, have you found that he was radical in a sense and was willing to commit an act of terrorism?

[12:25:10] REINHOLD: So the question is, has our investigation determined whether or not he was radicalized.

At this point it's too early in the investigation to determine whether or not his - whether or not he had been radicalized. So we are pursuing that as a possibility, but it is too early in the investigation to determine.

Yes, ma'am?

QUESTION: Were there still people in the building when the shooter returned and was stopped by CPD?

REINHOLD: I'm sorry, I couldn't hear you.

QUESTION: Were there still people trapped in the building when the shooter came back inside after he went outside the first time?

REINHOLD: The shooter never reentered the building. Once he exited the building out of the back, he never reentered.

Yes, sir?

QUESTION: Last time you spoke it was on Friday (ph) and you were operating on the premise of he - he wasn't operating alone. (INAUDIBLE). Are you still operating on that principle? Does this appear to be a lone wolf who self-radicalized (INAUDIBLE)?

REINHOLD: We obviously are - I'm sorry, the - and I know I need to repeat the question for folks so that they can hear. The question is, was he acting alone or were others acting in concert with him and had he been directed to do so through any affiliation overseas.

At this time we're treating him as a homegrown violent extremist. We believe he acted on his own that day. We believe he entered the facility on his own. We do not have any indication that anyone else was assisting him on that day.

UNIDENTIFIED MALE: One more question.

REINHOLD: I'll go right back here with the - I believe the plaid shirt.

QUESTION: I just wanted to find out, how long was the shooter active once he crashed his car into the Navy facility (INAUDIBLE)?

REINHOLD: OK. Our understanding of the timeline is the entire event from the time he cashed the gate until he finished took anyone from three to five minutes.

UNIDENTIFIED MALE: All right, thank you all.

REINHOLD: That will be it. Thank you.

Thank you.

UNIDENTIFIED MALE: This will be the final press conference we'll have. If we have additional press conferences, we'll notify you by e-mail or through our distro (ph) list. If you have any follow-up questions, some of us will be here to try to -

KAYE: All right, everybody, you've been listening there to Ed Reinhold, the FBI special agent in charge, speaking from Chattanooga, giving us some new information about the shooting there that took place on July 16th at the Navy Ops Center.

We are learning that the whole thing took about three to five minutes from the time that this gunman entered the building, crash through the great, and then entered the building, we're being told. And it was a service member from that Navy Ops Center that had fired on him and then he was able to get inside as well where he continued shooting.

Let me bring in Tom Fuentes, or CNN law enforcement analyst and retired FBI assistant director, and Joey Jackson is here with me as well in New York, HLN's legal analyst as well.

So good to see both of you.

Tom, let me just ask you about the timeline here first that we got. It sounds like three to five minutes, as I mentioned, and there was a lot of shooting once he was able to clear the gate, crash the gate, and then he got himself into the building. And it sounds like he was fired on several times by some of the members of the military there. Talk about procedure and how this was handled from what we're learning now today.

TOM FUENTES, CNN LAW ENFORCEMENT ANALYST: Well, I think, Randi, once he crashes through the gate, you know, and the Marines inside realize that someone has crashed the gate and opened fire on them, you do have some return fire from inside that office toward him. But then he continues on shooting and continues himself into the building where he's able to engage them and the unarmed Marines, obviously, are trying to evacuate out the back. And he pursues them out the back door into the yard area at the rear of the facility where he continues shooting, mortally wounding several of the Marines in back, outside the building. And then the police arrive and engage him and, in the shootout, he's finally killed.

So I think that procedurally you have the Marines in a very defensive mode with this guy on the attack, crashing the gate, shooting at the building, entering the building and they were doing the best they can under those circumstances.

KAYE: Let me ask you, Joey, about the weapons. Three weapons were found according to the special agent in charge there that belonged to the shooter.

JOEY JACKSON, HLN LEGAL ANALYST: Sure.

KAYE: And then you have two other guns that he said at least one had been fired. It's unclear if that bullet had actually hit the suspect. But he was asked twice there in that press conference about friendly fire and is it possible that maybe some of the members of the military -

JACKSON: Right.

KAYE: Had hit some of the victim, some of their own.

JACKSON: Sure.

KAYE: How - why is that so critical?

JACKSON: You know, what's important is determining, obviously, Randi, where those weapon were found and, of course, they know where he obtained those weapons, how those weapons were used, what was his intent, what was his purpose. They're looking into that.

But you want to know in any incident the specific details. And so not only where he got the weapons, and were those weapons obtained legally or illegally, but whether or not somebody else in the military was responsible for anything that occurred.

[12:30:01] Now, obviously, any response to his aggressive act of terrorism, you know, would have been justified. He's attacking Marines. He's attacking an institution. But, at the same time, you want to know where those bullets came from.