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Erin Burnett Outfront

The America "That Really No One Should See": Mass Shootings, Fatal Traffic Stop, Teen Killed by Police, Officers on Trial; Biden: Mass Shootings, Gun Violence "A National Embarrassment"; FBI: Mother of Shooter who Killed 8 at FedEx Warned Law Enforcement in 2020 He might Try to "Commit Suicide by Cop"; FedEx Shooter Who Killed 8 Identified, was a Former Employee; Protesters Gathering in Chicago Over Shooting of 13-Year-Old; White House Reverses Course After Receiving Backlash for Refugee Cap. Aired 7-8p ET

Aired April 16, 2021 - 19:00   ET



WOLF BLITZER, CNN HOST: And as we always say, may his memory be a blessing.

ERIN BURNETT, CNN HOST: OUTFRONT next, endless violence in America. President Biden calls mass killings in the United States an embarrassment as a FedEx employee who was just walking to work as the shooting began tells us what she saw.

Plus, protesters gathering in Chicago after video surfaces of a 13- year-old boy shot and killed by police. The police say he had a gun. The boy's family says he did not when he was shot. A family attorney is OUTFRONT.

And the Biden administration backtracking on a major policy announcement that had his own party comparing him to Trump. Let's go OUTFRONT.

And good evening. I'm Erin Burnett.

OUTFRONT tonight, America the violent. As tensions mount in cities across the country, Americans woke up to the news of another mass shooting. This time overnight in Indianapolis. Flags now flying at half-staff again at the White House.

The President today voicing his frustration about the situation with mass gun violence in America.


JOE BIDEN, PRESIDENT OF THE UNITED STATES: Every single day, every single day there's a mass shooting in the United States. If you count all those who were killed out on the streets of our cities and our rural areas. It's a national embarrassment and must come to an end.


BURNETT: In Indianapolis city morning, as police identify the 19-year- old former employee who shot and killed eight people. Eight people he massacred before taking his own life at a FedEx facility in Indianapolis. Seven more were wounded during the shooting.


UNIDENTIFIED FEMALE: They have an active shooter currently at FedEx. They're reporting at least five people shot.

UNIDENTIFIED MALE: We need somebody to clear the roadways at the entrance there. We're stacked up, we're not going to be able to get ambulances in here.


BURNETT: According to the Indianapolis Police Chief when officers arrived on the scene, 'they found something that really no one should see'. They had to see the death, the lives taken away up close, so, so close. And this death is something that America keeps seeing every day. The 45th mass shooting in the United States over the past month. It is the 147th mass shooting this year in America. Shootings in a nation that has been covered with unrest.

Chicago tonight protesters taking to the streets at this hour. The White House today calling the video showing the shooting of a 13-year- old Adam Toledo 'chilling'. In Brooklyn Center, protesters now gathering for a sixth night in a row after former officer Kim Potter shot and killed 20-year-old Daunte Wright during a traffic stop. A Police Chief who resigned in the wake of that shooting says Potter clearly mistook her gun for her Taser.

And just 10 miles away in Minneapolis, preparations are underway for protests there as well tonight, closing arguments in the trial of Derek Chauvin are set to begin on Monday. We have the latest in all of these stories tonight. I want to begin - we got Jason Carroll in Indianapolis, Ryan Young in Chicago, Adrienne Broaddus is in Brooklyn Center, Minnesota covering the Daunte Wright case and Kaitlan Collins is at the White House with the President's response.

All of this in a nation grappling with the unimaginable death toll of coronavirus, more than 566,000 Americans are dead. And the numbers are going up today and they'll go up again tomorrow.

I want to begin tonight at the White House with Kaitlan, as we've got reporters across the country covering these horrible stories.

Kaitlan, President Biden clearly frustrated today.

KAITLAN COLLINS, CNN CHIEF WHITE HOUSE CORRESPONDENT: Yes, Erin. It's several different crises on his plate. Of course, this comes to the job of being president, but to see the White House having to balance so many different issues happening at once. And, of course, the gun violence that we've seen and the mass shootings that we've seen in the nation over the past month even alone, I think it's 45 by CNN count, is something that the White House is having to deal with while also talking about coronavirus and hosting world leaders like you saw President Biden doing today with the Japanese Prime Minister, which is why he held this press conference in the Rose Garden where he said the mass shootings and the everyday gun violence that's happening in the U.S. he said is a national embarrassment.

And he called on Senate Republicans once again to - I should say senators in the Senate to pass that House-passed background check legislation. That is something that we have noted many times faces an uphill battle not just from Republicans in the Senate but even some moderate Democrats who have had some issues with it. So it still seems really unlikely that's going to happen.

But President Biden was asked, does he need to shift his legislative priorities because in his first press conference, he made clear that infrastructure ranked above guns. He talked about presidents knowing when to do, take the right step at the right time and, of course, guns. Gun control has been something that's been increasingly unlikely to be passed, at least to the Senate.

And so he seemed to recognize that, but today he said no, he thinks he can focus on coronavirus, focus on the economy while also focusing on gun control and calling for that.


Of course, that has been a big priority of his in the past and certainly on the campaign. But one other thing we should note is that the White House says that they are also not going to appoint any kind of gun tsar. You've seen them do that in other measures when it comes to coronavirus, when it comes to immigration, putting people in charge of certain issues.

They say they don't feel like that's the need here, but instead they put the responsibility back on those Republicans on Capitol Hill saying they need to be the ones to come to the table to talk about this. And, of course, apparently, given the events of what's happened this week, this is going to be an issue that keeps popping up for this White House.

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

And across the country, the barrage of violent images lately has been overwhelming. Tom Foreman is OUTFRONT.


TOM FOREMAN, CNN CORRESPONDENT (voice-over): Eight people gunned down at their workplace.


LEVI MILLER, FEDEX EMPLOYEE: I immediately ducked down.


FOREMAN (voice-over): Stunned survivors.

(BEGIN VIDEO CLIP) TIMOTHY BILLET, FEDEX EMPLOYEE: More shots went off. Somebody went

behind their car to the trunk and got another gun and then I saw one body on the floor.


UNIDENTIFIED MALE: Shots fired. Shot fired. Get an ambulance over here now.


JOE GUTIERREZ, FORMER WINDSOR VIRGINIA POLICE OFFICER: What's going on? You're free to ride the lightning, son.

It's not a problem.

2ND LT. CARON NAZARIO, U.S. ARMY: Get your hands off of me.

GUTIERREZ: Back off, Daniel.

NAZARIO: I didn't do anything.


FOREMAN (voice-over): That was just the latest in a horrifying week of violent moments. So many that officials at all levels are cautioning against any excessive backlash.


BIDEN: There is absolutely no justification, none for looting, no justification for violence.


POTTER: Taser. Taser. Taser.


FOREMAN (voice-over): Many of the incidents have involved police. In Minnesota, the fatal shooting of an unarmed young man Daunte Wright right during a traffic stop, police say it was an accident, spurred a week of protest and some became violent.


KATIE WRIGHT, DAUNTE WRIGHT'S MOTHER: Everybody keeps saying justice. But unfortunately, there's never going to be justice for us.

GEORGE FLOYD: I cannot breathe.

UNIDENTIFIED MALE: (Inaudible) ...

FLOYD: I cannot breathe.

UNIDENTIFIED MALE: (Inaudible) ...


FOREMAN (voice-over): Tension was already up around the trial of a former Minneapolis police officer charged with killing George Floyd by kneeling on his neck more than nine minutes. Derek Chauvin says he's not guilty. The jury has not spoken. Others have.


MAYOR MIKE ELLIOT, BROOKLYN CENTER, MN: Our hearts are aching right now. We are in pain right now.


FOREMAN (voice-over): In Chicago, another disturbing video emerged. A police officer chasing 13-year-old, Adam Toledo, and shooting him dead. Police say the teen had a gun. The family says he did not when the officer shot him.


ADEENA WEISS-ORTIZ, TOLEDO FAMILY ATTORNEY: If you're shooting an unarmed child with his hands in the air, it is an assassination.

GUTIERREZ: Get out. Get out of the car now. Get out of the car.


FOREMAN (voice-over): In Virginia, a video from last December came out. Police pulling their guns, pepper spraying and forcing an army officer to the ground again for an alleged traffic violation.


NAZARIO: This is (inaudible) up. I can't (inaudible). I can't believe I'm being treated like this.


FOREMAN (voice-over): And all that comes against a backdrop of other mass shootings in Colorado, Georgia and elsewhere, the political cold war in Washington and the pandemic which has taken well over a half million lives. So the Vice President's response to the Indiana killings could have covered it all. "We've had more tragedy than we can bear."


FOREMAN (on camera): In normal times, any of these incidents may have spurred calls for change for new legislation, which typically don't lead to much. But in the past few weeks, America has been hurting and shocked and stunned in ways that are really quite extraordinary. And so the fallout from all of this is really unknown, Erin.

BURNETT: Tom, thank you very much. All right. I want to go straight to Abby Phillip and John Avlon.

So John, President Biden is often seen as a consoler in chief, because he's experienced so much loss himself and he has been able to have genuine empathy for others. But tonight, he called it a national embarrassment, which it is. But it seems at this moment and here again flag at half-staff, this is beyond the scope of simply consoling Americans.

JOHN AVLON, CNN SENIOR POLITICAL ANALYST: No. This requires moral outrage and product. It is an embarrassment. No other country has sees gun violence and gun deaths like this. No other civilized nations on earth. Forty-five mass shootings in a month and the question is what will prod Congress.

I don't think it's impossible to get something done, maybe it's just background checks, let's make some progress. But we should not be numb to the fact that we are experiencing an unimaginable toll of violence on a regular basis and it is not inevitable and it does not need to happen here because it doesn't happen anywhere else.

BURNETT: It doesn't happen anywhere else. I think we've got to say that again and again and again because it doesn't happen anywhere else and everywhere else has different gun laws. OK.

But Abby, the President defends his record today on guns. He's had a long history of working on gun legislation but, of course, he was there after Newtown.


We didn't get it then when first graders were murdered. So what more is needed from him in this moment?

ABBY PHILLIP, CNN SENIOR POLITICAL CORRESPONDENT: Yes. And I think that that experience, that Newtown experience and all of the other mass shootings since then are what is coloring his approach to this issue, which is that it's not clear whether prodding or pushing or arm twisting from the White House changes the politics of the situation on Capitol Hill. And in fact, sometimes it seems like it could backfire.

So if you are the Biden White House, you are trying to envision what is the best scenario for the most durable form of change on policing and on guns. The White House has said pretty explicitly, we think that means Congress must act.

And so they're kicking it over to the other side of Pennsylvania Avenue. And there are some conversations happening, but it's going to require individual members coming together, having conversations about which parts of this apple they are willing to bite off. On the Democratic side, you're seeing some movement on background checks. I think the big question mark is what on the Republican side are they willing to do.

The pressure from the gun lobby is to do absolutely nothing at all and I think that is going to be the problem here as we go forward in terms of whether something can be done.

BURNETT: Which, of course, is what's so deeply frustrating in the sense that the NRA speaks, but it doesn't speak for so many people who are members of the NRA. Most of whom actually - a majority of whom support common sense gun legislation, because they themselves are responsible gun owners.

John, President Biden, as Abby says, calling on the Senate to act, but it is partisan gridlock. There's been so much talk and again I bring up Newtown and never real action. So is there any real chance of it happening now?

AVLON: I think the failure to act after Newtown has increased kind of a depressed cynicism in Washington.


AVLON: With that, the NRA is not the power force in American politics it was. The NRA is suffering from an enormous self-inflicted wounds because of malfeasance there. And senators Toomey and Murphy, bipartisan team said they thought there could be progress on background checks. By the way (inaudible) 90 percent of American people and it shouldn't be such a heavy lift, but it is.

So it's going to require legislative solutions and position executive orders, but we shouldn't just assume that nothing can be done because things can be done.

BURNETT: And Abby, I suppose it's whether the American people are going to push Congress to do that, when you just look at what we've seen recently, a grocery store, an office park, a FedEx facility, a school, just to name a few of the places where there has been violence. And, in fact, it seem that the only thing that for a while seemed to stop the violence was the pandemic itself, which as it lifts, here we are, we see it all coming right back.

PHILLIP: Yes. I mean, I don't want to be too cynical about this. But I think one factor that has happened in this country is that despite what John is pointing out about the NRA specifically being very weakened, the culture of sort Second Amendment culture, the gun culture has become an integral part of people's political identities and that has actually hardened since Newtown remarkably.

You've seen so many more people who identify as Republican or identify as conservatives being much less willing to deal with issues of gun violence, because it's gone beyond just the issue of lobbying. It's about how people self identify. And so that's a really steep hill to climb.


PHILLIP: And I think it's a real hurdle here, because it's not just about how much money is being spent. It's also about what these constituents are saying to their Congress people on Capitol Hill.

BURNETT: All right. Abby, thank you very much. John, thank you very much. I appreciate it.

And next, a FedEx worker was reporting for work. She was there on the parking lot, about to go into the building where a gunman was killing her co-workers. What she saw? She's my guest to tell you.

Plus, crowds gathering in Chicago right now after video of a police officer fatally shooting a 13-year-old is scrutinized. A union lawyer says he had no other option. The boy's family attorney says he did. A family attorney will answer our questions.

And Biden's fast about face. The President today, I mean, this was the fastest 180, quickly reversing course on a big decision after serious blowback from political allies.



BURNETT: Tonight, disturbing new details emerging about the shooting rampage at an Indianapolis FedEx facility. Eight people were murdered, several more wounded. Police say the gunman killed himself. And we are still waiting to learn the names of the victims. The innocent lives lost in the massacre. They are the ones who truly matter here.

Going to work in the middle of the night, overnight shift at FedEx and they were killed, murdered. A police have identified the gunman, 19- year-old Brandon Hole, former employee at the facility. And now, the FBI is also revealing that Hole's mother warned law enforcement that she feared he might try to 'commit suicide' by cop a year before this mass shooting.

A shooting spree where officials say the victims were randomly gunned down all within minutes. Jason Carroll is OUTFRONT.


MILLER: I saw a man with a submachine gun of some sort, an automatic rifle and he was firing in the open.


JASON CARROLL, CNN NATIONAL CORRESPONDENT (voice-over): Tonight, eight people are dead and several others injured after a gunman opened fire at a FedEx facility in Indianapolis. It happened so fast employees could not believe what they were seeing and hearing.


MILLER: We start hearing six to around 10 shots. This made me stand up and actually look at the entrance door.

BILLET: My buddy, Levi, saw someone running out of the building and then more shots went off. Somebody went behind their car to the trunk and got another got another gun and then I saw one body on the floor.

[19:20:05] (END VIDEO CLIP)

CARROLL (voice-over): Police say the first 911 calls came in around 11 o'clock Thursday night.

UNIDENTIFIED FEMALE: They have an active shooter currently at FedEx. They're reporting at least five people shot.

UNIDENTIFIED FEMALE: Suspect description, the shooter is short, white male, wearing a hat. Has a machine gun, currently in front of the building.


CARROLL (voice-over): Police say it was such a chaotic scene when they arrived. They weren't clear if there was one or two shooters.


CHIEF RANDAL TAYLOR, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT: Our IMPD officers went towards danger, as they typically do, and when they arrived on the scene, they found something that really no one should see. We've all been shaken by this heinous act.


CARROLL (voice-over): Officers say the suspected shooter has been identified as 19-year-old Brandon Hole, a former FedEx employee who drove into the parking lot and immediately started shooting both outside and inside the building before taking his own life.

FBI Indianapolis, Special Agent in Charge Paul Keenan says in March of 2020, Hole's mother told law enforcement that her son might try to commit suicide by cop. He tells CNN that Hole was placed on a mental health hold when they seized the shotgun from his home. Keenan says the FBI concluded no criminal violation was found, though Hole's gun was not returned. So far, police have not determined a motive.


DEPUTY CHIEF CRAIG MCCARTT, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT: We've recently identified him, so now the work really begins trying to establish some of that and see if we can figure out some sort of motive in this, but we don't have that right now.


CARROLL (voice-over): And authorities are still working on identifying the victims and notifying their families.


CARROLL (on camera): Very emotional scene there, Erin. Investigators say when the shooting happened last night here with at the facility, it was during a shift change and there were about 100 employees here. At this point, none of the victims have been identified but we're now hearing - we're expecting the names of those victims to be released in just about an hour, Erin.

BURNETT: All of those families ruined. Thank you very much, Jason.

I want to go now to Laveda Chester, who works at the FedEx facility and was in the parking lot getting ready to go into work when the shooting rampage began, she joins me on the phone. Laveda, I really appreciate your time and I know this is hard to talk about. I'm so glad you're safe. I really thank you for taking the time to talk to me and tell me what happened. Tell me what you saw and heard last night.

LAVEDA CHESTER, FEDEX EMPLOYEE, WAS IN PARTING LOT WHEN SHOOTING BEGAN: OK. So basically, I was sitting in my car, minding my business on the phone and I heard a pop go off and mean that thinking - I thought it was a car crash. But then when I saw the gunman running towards the front door with his rifle, I immediately pulled off the parking lot and I called the police.

BURNETT: I mean, you said that you saw the gunman with the rifle. I know you call the police. You were also at that point, I understand, Laveda, telling other employees to turn around don't come in here. And then you were directing police who were trying to get to the scene and it was so chaotic and confused. But you were directing, tell me what happened then.

CHESTER: So once I got to that point across the street from the hotel, I parked my car and I was nervous shaking, just trying to tell people to turn around, do not go to work, there's a shooting at the job. And some people weren't listening, some people were, some people that we work with can't speak English, so they knew eventually to turn around.

So at that point, once we got most of the people that we've worked with turned around, then the policemen started to come and I was directing them also to go to FedEx.

BURNETT: I mean, it's incredible. And you think you could have saved some of those lives of those people who you prevented from actually going in there. Laveda, tell me what it was like when you were sitting in your car after you heard the pop when you saw the shooter run. I mean, how did that get through your mind and you realize, wait, this person is shooting at people and tell me about what you saw. I mean, was he running really fast? Did he looked like he had a specific place and a purpose?

CHESTER: So when I first heard the pop, I looked around and I was like, OK, I didn't see anything. I went back to my phone, two seconds later, I look up and then see him running to the front door with his rifle in hand ready to fire. And then once he entered the door, I just wanted to make sure he did not see me pull off, so once he entered inside, I did then pull off and then call the police.

And then once everybody seen me pull off, they pulled off as well.


BURNETT: So Laveda, we have not yet learned the names of the victims and I know that we will in the next hour. They are the people who we all must mourn and their families' great loss. We do know the gunman. We know that he was a former employee at the facility where you work. That he was last employed there in 2020. You may have overlapped. Brandon Hole was his name. A current employee said that he was a well- known worker at the facility.

Laveda, did you know him at all? Have you heard anything about him?

CHESTER: No, I've never heard of him at all. And I'm not sure if that's the one that I saw go into the door. But from other descriptions from other co-workers, they said that they saw a shorter male being a gunman also. So as far as my knowledge, I know that there was two killers instead of one. So I don't know maybe one committed suicide. The other got away. I don't know. But all I know is there's two. But I've seen one. But from what I heard from other co-workers that there were two.

BURNETT: All right. And I know there's a lot of confusion on that whether there was one or two. Laveda, have you heard anything about those who lost their lives? I mean, your co-workers who were shot and killed last night, overnight in this - overnight shift, have you heard anything about those who died?

CHESTER: No. I am midnight and the shift before me, I had no idea who's on that shift, so absolutely not.

BURNETT: I understand, so it's a different shift. Well, I really appreciate it, Laveda. I appreciate your talking - I know it's hard to do. I thank you. I'm glad that you're OK.

CHESTER: Thank you.

BURNETT: And next, outrage in Chicago as protests grow. There are calls for peace at this hour from the family of the 13-year-old killed by police. The family attorney is my guest.

And we're live in Brooklyn Center, Minnesota. Crowds gathering there tonight. Daunte Wright's mother tonight wants more severe charges against the police officer who killed her son.



BURNETT: Tonight, protesters back on the streets in Chicago for a second night after the death of 13-year-old Adam Toledo. Police say Officer Eric Stillman shot and killed Toledo after seeing a gun in his hand. Toledo family releasing a statement saying, quote, the Toledo implores everyone who gathers in Adam's name to remain peaceful, respectful and nonviolent.

Ryan Young is OUTFRONT live in Chicago.

And, Ryan, obviously, we can see protests, people gathering behind you as the family is urging for calm.

RYAN YOUNG, CNN NATIONAL CORRESPONDENT: Absolutely. Erin, look, last night's protests had probably lasted 50 people there. Tonight, a completely different story.

When you look here you can see nearly more than 1,000 people standing here in this area. This is the local square in the neighborhood. And people said that tonight is going to be an act where Chicago really showed up to protest.

They wanted to make sure they made their voices heard when it came to what they thought was an unjustified shooting. A lot of people showing up with signs that say, defund the police. But even talk about whether or not they will go to Mayor Lori Lightfoot's house to make their voices heard.

Look up there and see all the people who showed up here. The city is angry about what they saw in that video.


YOUNG (voice-over): Adam Toledo's family saying they know that emotions are coming running high in Chicago after the release of this video, the 13-year-old shot and killed by police. Video released also showing the moments leading up Toledo's death.

UNIDENTIFIED MALE: Around the corner on the street.

YOUNG: And earlier remaining of shots fired. Two seen running from the area. Toledo turns down an alley, and then --



YOUNG: A split second decision that would leave the 7th grader dead and the Chicago Police Union on defense.

UNIDENTIFIED MALE: That officer had eight-tenths of a second to determine if that weapon was in his dad or not, period. An officer does not have to wait to be shot at or shot in order to respond and defend himself. There's no obligation whatsoever.

YOUNG: This black pistol was found behind the fence where Toledo was shot.

In this compilation of the released video annotated by the department, Chicago police say Toledo was holding the gun, here, and drops it as he turns toward the officer. You can see Toledo up against the fence at the fatal moment from this wider angle.

UNIDENTIFIED MALE: The officer had every reason to believe the defendant was turning and pointing the gun at him. Whatever -- you can Monday morning quarterback it all you want, but according to Illinois statue, you only need to have a reasonable believed in order to take deadly action.

YOUNG: But the attorney representing Adam Toledo's family says the teen has no gun in his hands of time. He was shot and had no chance to surrender. ADEENA WEISS-ORTIZ, TOLEDO FAMILY LAWYER: You saw that video. Do you

see a gun in his hands? I don't see a gun in his hands?

But let's assume for the moment the worst. That he had a gun in his hands. The officer gave him a directive. The officer told him, show me your hands. The child complied.

He surrendered. He lifted his hands. They were empty and the child was shot.

YOUNG: A police report filed after the incident list several reasons justifying the use of deadly force: defense of self, defense of department member, overcome resistance or aggression, and subject armed with a weapon.

The incident is now under investigation. The officer, who has been identified as 35-year-old Eric Stillman, feels horrible he had to use deadly force, says his lawyer, adding he was well within his justification of using deadly force. He just feels horrible.


YOUNG (on camera): This is a city that struggles with gun violence over 750 people were killed here last year. And, of course, there's a lot of mistrust between the citizens and the police department. They've been working on that for years.


So many people saw this video and it stood out to them as we walk around here.

Now, I'm going to show up with something. You see people showing up with signs with messages on it. You can see the sun right here that says, defund the CPD. You see the sign right here that's asking the mayor to resign. So that's being repeated over and over in terms of the anger that's out here in this crowd. This crowd has really swelled.

Now, downtown, they're worried about the businesses. So far, there has been no trouble so far -- Erin.

BURNETT: No troubles over and, of course, you know, you see that they're protesting now. We obviously don't see the 750 people killed last year.

Thanks very much, Ryan.

I want to go now to Joel Hirschhorn, attorney for the family of Adam Toledo.

And, Joel, I appreciate your time. You know, our condolences to the Toledo family. It's an incredible and horrible loss to lose a 13 year old.

You know, police say Adam Toledo had a gun, right? This is what this comes down to. And they confronted him in the ally. And they still come -- they turned a bodycam video, you see Toledo holding an object bustle behind his back. Was that a gun, do you know, Joel?

JOEL HIRSCHHORN, ATTORNEY FOR THE FAMILY OF ADAM TOLEDO: Well, I can't talk to my client about whether it was or wasn't, because he was shot dead and killed by the police officer. So science will have to tell us, forensic science will have to tell us all of the facts.

BURNETT: So the president of the Chicago Police Union says there's no way the officer could have seen whether Toledo actually dropped the gun because his arm was blocked by defense. Let me play you what the union representative said.


JOHN CATANZARA, PRESIDENT, CHICAGO POLICE UNION: The officer had every reason to believe that that offender was turning and pointing the gun at him. I challenge anybody to try to make their mind up life or death in less than eight-tenths of a second.


BURNETT: He said less than a eight-tenths of a second. It does appear there was fractions of a second.

Joel, what do you believe the officer realistically could have done differently?

HIRSCHHORN: Well, I think the officer could have stopped pulling his trigger before he finished shouting and telling him to show his hands. Because I think the science will establish the facts. Step by step, 10th and hundreds of seconds at a clip.

BURNETT: So your co-counsel, who is also representing the Toledo family, had strong words about the shooting. Let me just play what she said.


WEISS-ORTIZ: If you're shooting an unarmed child with his hands in the air, it is an assassination.


BURNETT: Joel, she called this an assassination, which, of course would mean--.

HIRSCHHORN: Actually, poor choice of words. It is (AUDIO GAP)

The family is praying for peace and prayer. That's what they want, peaceful demonstrations. This is not going to be another Minnesota.

The only good that's going to come out of this is the establishment of what is going to be known as Adam's Place. So for troubled children who are in difficult poor circumstances. They can get into a different environment fashioned after very successful similar consulting called Boys Farm in South Carolina, established by a retired FBI agent, 60 years ago, whose son, well, Chillier (ph) is now chairman of the board.

I've spoken with him. He's up for establishing a facility that helps these kids so that they can not rebuild men but not, but rather, build boys rather then mending men. And that's what needs to be done in this community. That, along with gun control.

Cloudbursts of youth, I sneak out of my house when I was a kid. I broke windows and did all sorts of terrible things. I was lucky. There wasn't a cop running after me.

BURNETT: Yeah, I mean, look, it's incredibly tragic what happened. And right, you know, you point out, right, the kid was on out in the middle of the night.

And -- got, you just wish something could have happened, right? Where his life, you know, he would be alive, and this all could have turned out so differently.

Let me just ask you one other thing, though, because, about this issue of the gun. Because it is going to come down to what we all know, that is going to be the heart of this, whether there is a case to be made legally or not.

Police say he had a gun. They see he had gun residue on his hands. They were replying, responding to a shots fired report.

And I spoke to the former police chief of Detroit, and then, I'm going to play him quickly, along with the mayor of Chicago, Lori Lightfoot.


UNIDENTIFIED MALE: It's unfortunate that this decision was made to have a gun, first of all. But number two, to get into a chase with an officer who used fatal force.


MAYOR LORI LIGHTFOOT (D), CHICAGO: In the middle of the night, this child was in contact with an adult who had a gun, and then ended up being shot and killed by a police officer.


BURNETT: They are both talking about the same tragedy you are, Joel. But the former Detroit police chief is pointing out it was, he shouldn't have had a gun. The mayor of Chicago was pointing out he was there in the middle of the night. They both agree this was a horrible tragedy. But what do you say to those points?

HIRSCHHORN: It's very simple. My hands are up. I got shot squarely in the chest. That's it, his hands are up. You can see it clearly like you could see my hands. That police officer overreacted.

BURNETT: And when you hear about what the police officer died after, wouldn't Joel, when he called so desperately for an ambulance right away and did everything he could to try to save Adam Toledo's life, does that change your mind at all?

HIRSCHHORN: That is -- that is certainly commendable but he still killed that kid. He still killed that juvenile.

And it's interesting, he walked around, you can see his light, if you walked around for about 15 seconds, then he came back behind the fence, the next then instantaneously found the gun. And when you look carefully, at that video, you can see his shadow behind the fence. Now I don't know --

BURNETT: You think he placed the gun.


HIRSCHHORN: I told you at the beginning.

BURNETT: Are you saying he placed the gun?

HIRSCHHORN: I am not seeing at all. All I'm saying is science will tell us what happened. I'm not suggesting that at all.

I really want to try this in court, not on, not in the public. I saw the interview by that former Detroit police officer, pathetic. I saw the PR that's been put out by the Chicago Police Department on Mr. Stillman. I understood that he was so shook up they took him off in an ambulance. But they took my juvenile client off in a hearse.

BURNETT: Look, it's all very tragic, I just want to say, though, I don't really think it's fair to say the former police chief of Detroit was pathetic and giving his point of view. He's a former officer. He's been in many situations involving guns and perpetrators. So, I will take issue with that.

HIRSCHHORN: Go ahead, it's your prerogative. Freedom of speech in America. I've defended it for 53 years.

BURNETT: All right. Well, I appreciate your time, Joel. Thank you.

HIRSCHHORN: My pleasure.

BURNETT: And next, protesters gathering in Minnesota after the killing of Daunte Wright. His mother wants prosecutors to charge the police officer who fatally shot him with more than one manslaughter.

Plus, quote, upholding the xenophobic and racist policies of the Trump administration. Those are the words of the Democrat about President Biden, and tonight, Biden is backtracking.



BURNETT: Tonight, the Minneapolis area, potential tinderbox right, now as Brooklyn Center braces for a 6th night of protest. Following the officer involved shooting death, of Daunte Wright, a 20-year-old black man. Wright's mother demanding tougher charges for the officer who killed her son.


KATIE WRIGHT, DAUNTE WRIGHT'S MOTHER: A second degree manslaughter is not okay. I'm not okay with that. That's not right. She murdered my son.

My son is never going to come home. She gets to sit on a police pension right now, while my son is going to be buried in a few days. And that's not okay.


BURNETT: Adrienne Broaddus is OUTFRONT in Brooklyn Center tonight.

Adrienne, there is so much tension, and sadness in the community. The mother's palpable anger, obviously, it is just tragic to see for anyone. What is it like on the ground where you are?

ADRIENNE BROADDUS, CNN CORRESPONDENT: Erin, tonight, it is tense but it is calm. Many people in the group behind me say, they are done talking about, what they call a problem of police brutality. And they're looking for solutions, so here they are at home base, right outside of the Brooklyn Center Police Department, and that is what started it all. That former officer, who spent years building her career here at the police department, shot and killed Daunte Wright, on Sunday.

Here, at home base, we have seen two worlds. On one side where the police department is, you have the fencing. It is a symbol me, but I'm seeing, what I like to call, the beauty of the twin cities, which is people from the community, coming together, dropping off essentials, food, and other items to help the families who live here, who have been surrounded by everything that happened.

But, the overarching theme, the overarching message is these protesters behind me echo the message of the right family. They want to more serious charges, specifically, murder charges, Erin.

BURNETT: So, Adrienne, Daunte Wright's mother, of course, not the only parent speaking out today, after losing her child in a police involved incident.

BROADDUS: No, she wasn't the only parent. She was surrounded by other families who have lost loved ones to what they call police brutality.

And we heard from Valerie Castile today. She said this case really resonated with her because the 20-year-old father died in a vehicle, the same way her son died in a vehicle. Listen to what she had to say.


VALERIE CASTILE, PHILANDO CASTILE'S MOTHER: How do you keep having murder, after murder? We don't have time to recover. I'm mad as heck, again, and again, and again, and again.


BROADDUS: So much sorrow, but the people here are finding support with each other -- Erin.

BURNETT: All right. Adrienne, thank you very much, it's just hard to hear from the mother of Philando Castile in that tragedy, the loss never goes away.

Next, Joe Biden, reversing course after facing major backlash for breaking a big campaign promise.

And 100 days after the Capitol insurrection, a rioter pleads guilty, the first to do so.



BURNETT: Tonight, Biden backtracking after a massive backlash from his own party over not upping the cap on the number of refugees. Essentially, what he had done was leave in place Trump's limit on refugees in the country. That's the bottom line of this.

Well, the White House now says, President Biden will set a new, and increased refugee camp, last month -- next month, I'm sorry.

So, how does this -- you know, how does this change in the space of a few hours? Well, it comes after multiple Democrats spoke out, including Senate Majority Whip Dick Durbin, who tweeted, quote, this is unacceptable. Congresswoman Alexandria Ocasio-Cortez who wrote that Biden was upholding the xenophobic and racist policies of the Trump administration.

Manu Raju is OUTFRONT from the Capitol.

Manu, you know, it's pretty incredible, right, they might have thought they would stake this one by. They didn't feel that they can increase this cap, but it was met with a fierce and fast reprisal, and obviously, now they say they're going to up the cap, turning around completely in the space of a few hours.

So, is this going to quiet the Democratic critics?

MANU RAJU, CNN CHIEF CONGRESSIONAL CORRESPONDENT: Well, it's not over yet, because we don't know what that ultimate number is going to be. It is -- indicating that the White House is now saying, it will not be the 62,500 level. Those were as proposed by the Biden administration, back in February. But for the past two months, President Biden has not signed a directive to increase the cap to that level. He is facing growing pressure from the left.

And then as word got out today that he would raise -- go beyond the 15,000 level that that President Trump set who said he was in office in the last year, that is when the backlash began. Democrats like Dick Durbin, as you mentioned, said say it ain't so, President Joe. Democrats like Pramila Jayapal, who heads the congressional progressive caucus called it unconscionable, and multiple Democrats, called it a broken promise.

Now, there are about 35,000 refugees who have been vetted, thoroughly, and they could presumably be brought to the United States, but President Biden needs to sign a directive to do that. This is all far less than what is, is historically been the norm since the enactment of federal law, which has been about 80,000 refugees, resettling, per fiscal year.


That's going to be significantly less than that amid this crisis around the world where so many, including children, are looking to be resettled, and others being placed in camps without this director from the United States. But, the concern of the White House has been one of optics amid this growing crisis of the southern border, which is not the same as the refugee problem, but concerns of critics conflating the two, which is one reason why Biden is at the brakes here, Erin.

BURNETT: Yeah. All right. Thank you very much, Manu.

RAJU: Thank you.

BURNETT: Now, OUTFRONT next, 100 days after the Capitol riot, 100 days, and on day 100, there is a guilty plea. It is the first from one of the rioters.


BURNETT: A heavy metal guitarist who has connections to the Oath Keepers is the first capital riot to plead guilty. John Ryan Schaffer was initially charged with six federal crimes. He pleaded guilty to obstruction of an official proceeding, and entering a building with a dangerous weapon.

He admitted carrying bear spray into the Capitol complex during the formal certification of the Electoral College votes on January 6th. Lawyers on both sides agree that a prison sentence is appropriate, a prison sentence of between three and a half years, and four and a half years, if he cooperates, which he's agreed to do. It's incredible, he's agreed that he should go to prison for three and a half, to four and a half years. It's incredible.

The Justice Department is heralding this plea, which comes exactly 100 days after the Capitol attack.

Thank you so much for joining us. You can watch OUTFRONT anytime on CNN Go. Thanks for watching.

"AC360" starts now.