All four officers involved in death of George Floyd have been charged

This is a rush transcript from "Your World with Neil Cavuto," June 3, 2020. This copy may not be in its final form and may be updated.

NEIL CAVUTO, FOX NEWS ANCHOR: All right, Bill, thank you very, very much.

We are waiting for Keith Ellison, the attorney general of the state of Minnesota. He has succeeded in now taking three more Minneapolis police officers, criminally charging them in the death of George Floyd.

So, they join Derek Chauvin in that regard. Furthermore, he is requesting bail be set at $1 million for each officer. Again, when he gets to that podium, we will take you to that podium.

Welcome, everybody. I'm Neil Cavuto, and this is YOUR WORLD.

Fast and furious developments in this world and the entire Floyd case.

We begin with the latest from Minneapolis and how all of this is being taken in by crowds.

Garrett Tenney is there -- Garrett.


And, as you mentioned, we're waiting by. And as soon as the attorney general walks in, we will go to that. But what we know right now, based on a tweet from Senator Amy Klobuchar, is that Derek Chauvin, he has now been charged with second-degree murder, and that the three officers involved, we know, based on court files -- court documents that have been filed, is that they have been charged with aiding and abetting second-degree murder.

Now, those charges, in Minnesota, they face a maximum sentence of 50 years in prison and a fine of up to $20,000 if they are convicted on both counts. In the criminal complaint, it lays out a lot of what we already knew, that George Floyd was held on the ground for nearly nine minutes.

Derek Chauvin had his knee on his neck. Alexander Kueng, one of the other former officers, was pressing down on his back. Thomas Lane was holding his legs. And former Officer Tou Thao watched and kept a growing crowd at bay.

As you mentioned, bail set at a million dollars. And these two counts that they have been charged with, this is much of what the protests over the last week have been, is protesters have been calling for the three other officers involved to be charged, as well as Derek Chauvin.

And it looks like Attorney General Ellison is going to be coming up to the podium in just a moment. But it is worth noting that the family of George Floyd, as well as demonstrators, have been demanding first-degree murder charges, though, today, second-degree murder.

Here's the attorney general.

JOHN STILES, ATTORNEY GENERAL ELLISON SPOKESMAN: Folks, thanks for being here today. I'm John Stiles with Attorney General Ellison's office.

I just want to make clear that Attorney General Ellison will be speaking today and then taking your questions. He will not be able to answer any questions about evidence or how evidence is evaluated, any question about witnesses, any question about the timeline of events that led to Mr. Floyd's death or any investigative detail.

It is all under investigation. It is currently confidential. So I just want to set that expectation right now.

With that, Attorney General Ellison.

KEITH ELLISON, MINNESOTA ATTORNEY GENERAL: First of all, thank you, ladies and gentlemen of the press.

Myself and my friend Mike Freeman want to share some information with you.

I want to begin with a reminder. And that is that we're here today because George Floyd is not here. He should be here. He should be alive, but he's not.

About nine days ago, the world watched Floyd utter his very last words, "I can't breathe," as he pled for his life. The world heard Floyd call out for his momma and cried out, "Don't kill me."

Just two days ago, when I became the lead prosecutor in the murder of Mr. Floyd, I asked for time to thoroughly review all the evidence in the case. And we looked at the case, the evidence that is available, and the investigation is ongoing at this time.

I also said that I know it's asking a lot of people to give us time, particularly people who have suffered for decades and centuries of injustice, to be patient.

And yet we did get that time. And together, a very strong, experienced team, which included county attorney Mike Freeman, his team and my team, we reviewed the evidence, together with the BCA, and we have something to announce today.

Before I announce it, I want to say, thank you for the patience of the people who -- they have shown me and our entire team in pursuit of justice. And I'm here to make these announcements right now.

First, today, I filed an amended complaint that charges former Minneapolis police officer Derek Chauvin with murder in the second degree for the death of George Floyd. I believe the evidence available to us now supports the stronger charge of second-degree murder. We have consulted with each other, and we agree.

Second, today, arrest warrants were issued for former Minneapolis police officers J.A. Kueng, Thomas Lane, and Tou Thao.

Finally, I'd like to announce that, today, Hennepin County attorney Michael Freeman and I have filed a complaint that charges police officer Kueng, Lane, and Thao with aiding and abetting murder in the second degree, A felony offense.

I strongly believe that these developments are in the interest of justice for Mr. Floyd, his family, our community and our state.

I'm the lead prosecutor in this case, I will be speaking and addressing the public. And this is -- but this is absolutely a team effort. We're working together on this case with only one goal, justice for George Floyd.

I want to thank first Mr. Hennepin County attorney Mike Freeman, who has been a true partner in this matter at every step of the way. His experience and insight have been invaluable and will continue to be counted on by the team.

I also want to thank county attorney Freeman's professional staff, who have cooperated and work together with my staff and the investigating officers every -- from the very minute this case started.

I also want to thank Superintendent Drew Evans of the Bureau of Criminal Apprehension and his professional staff for the care and speed with which they are conducting this investigation.

And I want to thank especially U.S. attorney Erica MacDonald and Special Agent in Charge Rainer Drolshagen, who are conducting a parallel federal color of law investigation.

I have heard directly from the leadership of the Department of Justice that there is full support for her leadership in pursuit of her investigation and, as she put it so well, one team, one goal, one mission.

I agree 100 percent.

As I said earlier, I think Mr. Floyd's family, I think -- and I can speak for Mr. -- Mr. Freeman and I jointly thank them, along with U.S. attorney MacDonald. We thank the community for their patience in allowing us the time and space we need over these days to lay these charges.

As it is so hard to do, I now ask for continued patience. This case continues to be under investigation. We will not be able to say very much publicly about the investigation, except that we encourage anyone who believes that they have evidence in this case to come forward and to be cooperative with the investigation.

As we develop the case for a prosecution, which will also not be -- we will not be able to say very much publicly about it, because our job is to seek justice and to obtain a conviction, not to make statements in the press, but to put -- do our talking in court.

So, I ask for your patience again, while we limit our public comments in pursuit of justice. I also ask for your trust that we are pursuing justice by every legal and ethical means available to us.

I also want to add a word of caution. The investigation is ongoing. We are following the path of all of the evidence, wherever it leads. We are investigating as quickly as we can, because speed is important.

We're also investigating as thoroughly as we can, because being complete and thorough is critically important, but it takes time. The reason thoroughness is important is because every single link in the prosecutorial chain must be strong.

It needs to be strong, because trying this case will not be an easy thing. Winning a conviction will be hard. In fact, county attorney Freeman is the only prosecutor in the state of Minnesota who has successfully convicted a police officer for murder.

And he can tell you that it's hard. I say that -- I say this not because we doubt our resources or our ability. In fact, we're confident in what we're doing.

But history does show that there are clear challenges here. And we are going to be working very hard and relying on each other and our investigative partners in the community to support that endeavor.

To the Floyd family, to our beloved community and to everyone that is watching, I say, George Floyd mattered. He was loved. His family was important. His life had value. And we will seek justice for him and for you, and we will find it.

The very fact that we have filed these charges means that we believe in them. But what I do not believe is that one successful prosecution can rectify the hurt and loss that so many people feel.

The solution to that pain will be slow and difficult work of constructing justice and fairness in our society. That work is the work of all of us. We don't need to wait for the resolution and investigation of this case to start that work.

We need citizens, neighbors, leaders in government and in faith communities, civil and human rights activists to begin rewriting the rules for a just society now. We need new policy and legislation and ways of thinking at the municipal, state and federal levels.

The world of arts and entertainment can use their cultural influence to inspire change that we need. There is a role for all who dream of a justice that we haven't yet experienced.

In the final analysis, a protest can shake a tree and can make the fruit fall down, but, after that fruit is in reach, collecting it and making the jam must follow.

The demonstrations and the protests are dramatic and necessary, but building just institutions is more of a slow grind, but equally important, and we have to begin that work as well.

We need your energy and we need everyone's help right now.

Thank you very much.

We will take a few questions.

Yes, ma'am.


ELLISON: We believe we have a duty to charge the charges that fit the facts in this case. And we have done so.

And so our concern is to put all the energy we can into putting forth the strongest case that we can, without fear or favor of anyone or anything. These charges are based on the facts that we have found, and we're going to pursue them.

QUESTION: The Hennepin County attorney, obviously, you got the case from him. Was he going to plead this case as a murder three case? (OFF-MIKE)

ELLISON: The Hennepin County attorney did an excellent job by gathering facts, and has worked cooperatively with us at every single step of the way.

We consulted with each other on these charges. We believe that these are the right charges. Mike Freeman and I will be -- we have signed the complaint for these additional charges. And so that's what we're doing.


QUESTION: The whole nation, indeed, the whole world, has been waiting for some type of announcement from your office.

Can you describe the process involved in your deliberation, and what impact you think today's decision might have, not just in Minneapolis, but for those across the country watching you right now?

ELLISON: Unfortunately, I can't delve into our deliberative process.

But what I will tell you generally is, we gathered all the facts that we could, we reviewed the criminal statutes, we looked at case law, we consulted with each other, and we arrived at these charges. We believe that they're justified by the facts and the law.

QUESTION: (OFF-MIKE) What does this impact have on them, this decision?

ELLISON: The pursuit of justice is always good and right.

And we -- I want to signal to them that we hope that they continue to raise the cause of justice, but do it in a peaceful manner. It is their right to express themselves.

And, with that, I will say that they should -- they should continue in their own communities to get together to build just police-community relationships. We need the faith community to be involved. We need arts and entertainment to help inspire us toward justice. We need everybody.

There's a lot more to do than just this case. And we ask people to do that.


QUESTION: (OFF-MIKE) Are was talking weeks? Are we talking months? (OFF- MIKE)

ELLISON: You know, I want to thank you for asking that question, because part of my comments of my comments were to help set expectations in a realistic light.

You know, in order to be thorough, this is going to take months. And I don't know how many, but it is better to make sure that we have a solid case, fully investigated, researched, before we go to trial, than to rush it. We don't -- and so, it will take a while. And I can't set a deadline on that.

In the back.

QUESTION: Attorney General (OFF-MIKE) the Floyd family had asked for a first-degree murder charge as well as their attorney. You decided to charge second degree, unintentional murder, while committing a felony.

Can you explain what that charge means, unintentional murder, versus second degree, intentional murder, please?

ELLISON: Well, according to Minnesota law you have to have premeditation and deliberation to charge first-degree murder. Second -- degree murder, you have to intend for death to be the result. For second degree felony murder, you have to intend a felony and then death be the result without necessarily having it be the intent.

So that is the -- that's the state of the law. The felony would be -- we would contend that George Floyd was assaulted and that -- and so that would be the underlying felony.

QUESTION: Would you accept any plea deals in this or do you expect all four to go to trial? And secondly, when will the body camera footage be released?

ELLISON: You know, I really don't have any idea of what plea negotiations or anything like that, it's simply way too early to begin that conversation. At this point, we are preparing to try this case. If something else happens along the way, we'll see. But at this point, we don't have any -- we don't have any plans in that direction.

QUESTION: Camera footage?

ELLISON: You know, that is something that I will -- I don't have anything to report right now. At this time we're focused on the investigating case. And so, I think at this time, I will consult with the BCA and other partners on the case and we'll come to a conclusion about that.

Again, we believe in transparency but we also believe in a thorough investigation, most importantly.

QUESTION: Have the three officers been taken into custody?

ELLISON: I will allow Mr. Drew Evans to address that issue.

DREW EVANS, SUPERINTENDENT, MINNESOTA BUREAU OF CRIMINAL APPREHENSION: Good afternoon. My name is Drew Evans. I'm the superintendent of the Minnesota Bureau of Criminal Apprehension.

We're in the process of taking the officers into custody. I can report that one is in custody now, and the other two, we are in the process of taking into custody and expect them to be this afternoon.


EVANS: I will -- as the attorney general said, we can't speak about all the details in the case other than what's really in the complaint at this time. I will tell you with any investigation, as I have told you all from the very beginning, we have teams of investigators from the BCA jointly investigating this with the FBI, trying to obtain all information.

In this case, I will tell you that is a regular course of all of our investigations, to attempt interviews with all of the officers. We have interviewed numerous individuals in this case and additional information will be provided as we move forward.

QUESTION: Mr. Attorney General, we've already seen from outside counsel, special counsel as you're authorized to do under the law.

ELLISON: At this time, I believe we have the team to complete this work.

I would like to just introduce David Voigt as well. He is a deputy at the attorney general's office. He heads the criminal division. And he has the lawyers to get this done.

And also we have some experienced lawyers in the Hennepin County Attorney's Office. We're working on this thing together.

QUESTION: (OFF-MIKE) information on the charges before the memorial tomorrow. How did that factor into your decision as well as the protests across the country?

ELLISON: I can say that I did not allow public pressure to impact our decision-making progress. I was prepared to withstand whatever calls came. We made the deter -- we made these decisions based on the facts that we have gathered since this matter occurred, on the law that we think this applies.

So that's my answer.



ELLISON: It's going fine, it's going great. I spent a lot of time in Hennepin County when I was a trial lawyer myself and I know a lot -- I know all these -- I know all the lawyers there, respect them all, I admire them all. And we're going on fine.

That answers you? OK.

OK. Andy LeFevour, he represents the Hennepin County Attorney's Office. He's first deputy at -- for Mike Freeman, right?


ELLISON: No, I'm going to let the people who prosecute cases every single day to prosecute this case.

Now, it is true that I have tried a lot of cases and I have tried homicide cases, but on the other side of the courtroom. The people who know how to prosecute, I'm going to let them do that work.


ELLISON: You know, I think it helps me anticipate what some of the -- some of the attacks on our case might be.


ELLISON: I see no reason why we can't get a fair trial here.

QUESTION: The charges that were just filed, if my math is correct, three officers now face the personal same maximum sentence as Officer Chauvin.

ELLISON: Yes. Well, yes, sir?

QUESTION: I apologize if you addressed this before, but does your involvement in this case now put you on the sidelines in terms of the legislative process in working for police reform legislation?

ELLISON: No. I will continue to do all the duties that I have, which involve legislative, which involve a lot. We've been very active in the civil space. We've been active in representing state agencies and government. We'll be -- I will continue to supervise that as I always do.

But I feel -- I feel very confident in it because I have excellent professionals who are going to be focused on this, like a laser beam, every single day.

QUESTION: Attorney General, could you just take us into that room when the decision was made, where you first (OFF-MIKE), the moment you had (OFF- MIKE)

ELLISON: I feel a tremendous sense of weight. I feel that this -- I feel this is a very serious moment. I can honestly tell you I take no joy in this. But I do feel a tremendous sense of duty and responsibility.


ELLISON: I don't know the answer to that question. Maybe ...

EVANS: I would just answer that in terms of, that is left up to the various sheriffs that we work with on this.

They make, as Commissioner Schnell noted the other day security decisions, and he best place for everybody in light of everything that's going on right now in the Twin Cities.


Again, those are decisions based on the analysis of the sheriff and they work closely with the Department of Corrections to make sure that they have everybody in their custody where they should be based on safety assessments.

UNIDENTIFIED MALE: Thank you, everybody. You will have a release later.

ELLISON: Thank you all very much.


ELLISON: I will say to them that I pledge and I promise to hold all -- everyone accountable for the behavior that we can prove in a court. And that if I don't charge it, it means we did not have the facts to do that. So I will simply say that as the people who are legal professionals, professional prosecutors, we are taking our duties seriously, and we are working with the people who gather the facts. And this is -- and we have -- we have done the work that we believe is possible, ethical, and right.


ELLISON: Yes, well -- I mean, look, let me be honest here, our country has had -- has under-prosecuted these matters, in Minnesota and throughout the country.

So I think the trust is a result of historically not holding people who are public guardians accountable for their behavior in situations where we should have.

So that I think is the origin of the trust problem. But we can't -- we can't control the past. All we can do is take the case that we have in front of us right now and do our good faith best to bring justice to the situation. And we will.

CAVUTO: All right, you have been listening to Minnesota's attorney general, Keith Ellison.

He brought in three more Minneapolis police officers, criminally charged now in the death of George of Floyd.

Derek Chauvin, the officer who you might recall had his knee on the neck of George Floyd, those charges were upgraded from third-degree murder to second-degree. And that has raised some questions here. It's a tougher issue to get by a jury.

But, in the meantime, the other three officers have been -- on a number of counts, two additional counts of aiding and abetting second-degree murder. If found guilty on both those counts, those officers could be in prison for 50 years.

Let's get Judge Andrew Napolitano and his on all of this.

Judge, first off, the upgrade to second-degree murder. Is that not a tougher charge to get through a jury, certainly unanimously? Your thoughts?

ANDREW NAPOLITANO, FOX NEWS SENIOR JUDICIAL ANALYST: Well, yes, it is a tougher charge, but there seems to be -- first of all, good afternoon, Neil.

There seems to be more-than-adequate evidence here for -- from which a jury could find second-degree murder. The pressing of the knee for eight minutes and 43 seconds obviously shows intent.

I have been arguing throughout the week, and I do in my piece at tomorrow morning, that this could very well be first-degree murder. The planning required for first-degree murder actually occurred during the commission of the murder, and that, when one of the now co- defendants said to him, hey, Derek, don't you think we should let him go, and he said no, at that point, he made up his mind that the plan would continue until George Floyd was dead.

So, the short answer your question is, yes, second-degree murder is more difficult to convict for than manslaughter. But the longer answer is, there's more than enough evidence here from which a jury can find that.

CAVUTO: Judge, Ellison was talking about how this could take many, many months. It's just started here. He kind of dismissed any ideas of making a deal or anything, which is probably wise. It's a little too early to think that way.

I was surprised to hear that only one officer in the history of Minnesota has been found guilty of a crime like this. And I'm wondering, it is legally an uphill battle, is it not?

NAPOLITANO: Well, yes, it is.

I mean, people generally respect the police. And the defense, if there is a trial, will put an expert on the stand who will explain to the jury that police are allowed a broad array of discretion, particularly at the scene of a crime, and have a broad array of tools available to them at the scene of a crime.

However, I don't think the case is going to be tried, Neil. I don't know how the defendant could possibly get a fair trial. How are you going to find 12 people in the state of Minnesota that don't have an opinion on this?

And that's another reason to charge first-degree murder, because that will induce pretty much, I think, a guilty plea to second-degree murder, which has a maximum of 40 years. That's plenty of time in jail for this.

First in Minnesota is life in prison without parole. Second is 40 years. The reason they're exposed to 50 here is because of that underlying crime, well, it was an accident, it was negligent. They can't be convicted of both. They can either be convicted of second-degree murder, intending his death, or committing the felony of assaulting him and the death was an accident. It can't be both intentional and accidental.

It's one or the other. So they're either going to get 10, it was accidental, or 40, it was intentional. If they were charged with the first- degree,they'd plead to second-degree probably in a couple of weeks.

CAVUTO: So, all four -- all four policemen, or former policemen, have been set with -- that is, the attorney general has set a $1 million bail or requested a $1 billion bail for each of them.

Is that usual, in your thinking?

NAPOLITANO: It's actually on the high side, but, of course, that's just the government's request. The bail will be picked -- will be fixed by a judge.

I wouldn't be surprised if it's considerably lower than that. I also wouldn't be surprised if they're put on some sort of a house confinement.

But, remember, these four people are pariahs in Minnesota. And they're very familiar with the legal justice system. They may be better off in -- confined during the time leading up to the trial than taking their chances and being out in public.

CAVUTO: Now, we know the officers had body cams. We don't know if they were functioning or working. We know they might have that footage available to them, that Ellison himself might have that available to him.

What do you think?

NAPOLITANO: Well, if they weren't functioning, then you have another infraction there about using a body cam that's not working or intentionally turning it off.

But if they were functioning, oh, good lord, it's probably going to be a vision of this far more graphic and more horrific than the video that was taken by the bystander of the actual knee on the neck. You're going to see four different views of this. You're going to hear every word that was articulated.

It would be so graphic that, again, it would likely induce a guilty plea, rather than confront the wrath of a jury after it watched all those.

CAVUTO: It's rather odd for, let's say, all four body cams to be out. Certainly, one or more than one would have some sort of footage, you would assume.

NAPOLITANO: Well, I would think so.

I mean, stranger things have happened. There is that so-called blue wall of silence. I don't want to prejudge these guys. But, Neil, if none of those body cameras were working, at that point, you have a conspiracy, which is another charge that can be filed against them, which would be a conspiracy to suppress evidence from their superiors and from a jury.

Attorney General Ellison knows this. He may not know yet whether the body cams are working, but he knows the legal consequences of all four of them not working.

CAVUTO: All right. Judge, thank you very much.

Calm right now in Minneapolis upon hearing all of this. The fallout there and everywhere -- after this.


CAVUTO: All right, you are looking at West Hollywood and Minneapolis right now, as crowds react to the news that the other three officers involved in that George Floyd death, they are looking at second-degree murder charges as well.


CAVUTO: All right, protests had already been planned around the country tonight, better than 30-some-odd cities that were looking at that.

But this news that three more Minneapolis police officers have been criminally charged in the death of George Floyd, on top of Derek Chauvin, who saw his charges raised from third-degree murder to second-degree murder, the officers involved on two counts of aiding and abetting second- degree murder.

If found guilty on those charges, those officers are looking at potentially up to 50 years in prison.

Be that as it may, for a lot of crowds here, that was welcome news, calming news, that this might be all fairly distributed to the officers involved. It depends on your perspective, but it did have a clear calming effect on one city after another.

We were looking at a lot of the protest shots, the aerial shots that were coming from around the country, including Washington, D.C.

That's where you find our Hillary Vaughn.

Hey, Hillary.


Well, I did just talk to one African-American man in his 20s. He's been out here for five days protesting. I asked him for his reaction to that news. He says he's 99 percent sure that, if they had not been here protesting on the ground, that that decision would not have been made, saying, it's progress.

But they do want to see more from the attorney general in response to those other three officers. But I want to point out what you're seeing right now. If you look to my left, you're seeing members of the military and law enforcement standing shoulder to shoulder. They're essentially providing a human barrier between White House grounds and protesters, where thousands are gathering right now.

Correctional officers pulled out of federal prison now protecting the city. TSA agents that served at airports are now on duty in the District. This is all part of the president's unprecedented show of force here.

National Guardsmen from 10 states all in D.C. protecting the president and also our national monuments, while the nation marks its ninth day under protest. Around the country, a historic 74,000 National Guard soldiers and airmen were activated for domestic operations.

The president credits the National Guard and this massive show of force for containing rioting and violence here in the District.

But Defense Secretary Mark Esper, a former member of the National Guard as well, today breaking with the president over protest response, saying he does not support using active-duty troops to get a handle on large-scale protests.


MARK ESPER, U.S. DEFENSE SECRETARY: The option to use active-duty forces in a law enforcement role should only be used as a matter of last resort, and only in the most urgent and dire of situations.

We are not in one of those situations now.


VAUGHN: Esper saying Army Secretary Ryan McCarthy is looking into the National Guard hovering a medevac helicopter low over protesters, apparently attempting to try to break them up.

A senior DOJ official tells FOX News they are looking at evidence that extremist groups like Antifa are participating in violent protests around the country, with multiple U.S. attorneys building cases.

In D.C., there have been significant injuries to law enforcement officers. A federal law enforcement official says, since the weekend, over 50 Park Police and 30 Secret Service agents have been injured in Washington in the last few days of protests. Most were struck in the head with random objects, like bottles, rocks and bricks.

Some of them had to be hospitalized. Another DOJ official tells FOX News that they're also looking into reports of mass drop-offs of items like bricks and rocks that are being used to throw at law enforcement officials.

Neil, I also want to point out, it is 90 degrees here in Washington, D.C., just steps from the White House. So it is a very hot day for the thousands of protesters that have turned out here. But it also is a very hot day for the law enforcement officials that you see right here that are decked out in full gear, many standing here since dawn -- back to you, Neil.

CAVUTO: All right, be safe, Hillary, in the middle of all that -- Hillary Vaughn.

As Hillary was saying here, the 11:00 p.m. curfew is the case right now in Washington, as they push that back. In New York, they have not pushed it back. It's still an 8:00 p.m. curfew in New York, as it will be right through Sunday.

Let's go out to the West Coast right now, West Hollywood, California.

That's where you will find our Jonathan Hunt -- Jonathan.

JONATHAN HUNT, FOX NEWS CORRESPONDENT: Neil, good afternoon to you.

We're in the middle of what is another very large Los Angeles rally, this one in the West Hollywood neighborhood. Several thousand people have gathered here to make their anguish and pain known regarding the case of George Floyd.

This is following, though, a pattern that we have seen over the last couple of days here, Neil, and that is that it is a very peaceful protest, that the police are giving the protesters time and space to make their anger known.

And what we have seen over the past 48 hours, Neil, is that the LAPD -- and, in this case, it'll also be the West Hollywood Sheriff's Department -- are trying to let the protesters have the time that they want and saying to them, in effect, OK, if you respect the curfew, we will respect your right to be in these streets to make your voices heard.

We have seen it over and over again in Hollywood yesterday and now here in West Hollywood. There have also been protests today down in Orange County, Neil. So far, those have all been peaceful too.

So there has been a distinct change in both the protesters and the policing since the violence we saw over the weekend. What I have got the sense of, being on the streets every one of those days, Neil, is that the protesters have started self-policing, that they have been able to identify the criminal elements, and not allow them to infiltrate their legitimate protests.

And the police, as I say, have stepped back. They have given these protesters time. And in one instance that I witnessed just a couple of days ago, Monday night, Neil, an officer, a commander walked helmetless on his own into the middle of a large crowd on Sunset Boulevard. He said: "We feel your anguish. We feel your pain. Let's collaborate. Let's work together. I will take a knee with you, if you then walk out peacefully when the curfew comes."

They did exactly that. That is clearly the hope, that that will happen again tonight here in West Hollywood. If it doesn't, Neil, there has been strict enforcement of the curfew. There will be arrests of those who go beyond the curfew once again, but, so far, all peaceful here in West Hollywood -- Neil.

CAVUTO: All right, Jonathan, be safe to you as well, my friend, Jonathan in the middle of all of that out in California.

We should also let you know we're keeping an eye on New York here. And there's been a great deal of attention about not only the curfew, but those who will honor it and some friction between the New York governor, Andrew Cuomo, and the mayor, Bill de Blasio.

Governor Cuomo apparently apologized to the police for saying that they essentially screwed up the other night, on the night of protests. He did not apologize to the mayor of New York, but he made a point of calling the New York commissioner to say, I'm sorry.

We will see what happens now.

Stay with us.


CAVUTO: All right, you are looking at now on the left of your screen, this is Dallas, Texas, to the right, Boston, Massachusetts.

And crowds have been gathering, as they have in every city across the country. Forget about honoring distancing provisions and all that are in a lot of those states. The protesters are out, very peaceful today.

We're told that a lot of it got even more peaceful, at least reassuring, on word that these three additional officers have been charged in the death of George Floyd.

Whether that's the same in New York, Laura Ingle with a good idea on that, where there was a lot of looting and ransacking outside major department stores, including Saks Fifth Avenue, which I believe is where Laura Ingle is at right now -- Laura.


Well, Macy's and Herald Square certainly saw a lot of damage, broken windows, looters going inside. But here at the famed Saks Fifth Avenue, as you see here behind me, not only is it boarded up, but it actually has a razor wire chain-link fence. It's almost as if you could hear the operators of this iconic store say, not on my watch.

And at night, the dogs come. And, actually we just have a couple that have shown up here. German shepherds and pit bulls are on guard, along with these private security guards, all through the night.

Now, there was no torn-apart plywood, broken glass or theft here last night. The new 8:00 p.m. curfew that went into effect last night seemed to really dial down the number of arrests and looting. Even though thousands of protesters broke the curfew last night to march in the streets, things looked and felt much different than it did two nights before.

And we will see what happens after today's developments. A mass of people got stuck on the Manhattan Bridge for hours last night as they tried to get from Brooklyn into Manhattan. But they were met by the NYPD, who were not allowing entrance into the city.

Now, the NYPD is telling us today they had at least 280 arrests over the course of the night. There was some reports of looting and vandalism, but, again, nothing like we have seen. Protesters are set to hit the streets here in this hour, according to some social media posts.

We have already seen some of that action at Washington Square Park. There may be more of that tonight, but, hopefully, it will be peaceful, with minimal incident, like last night.

There's been a lot of back and forth too between Governor Andrew Cuomo and New York City Mayor Bill de Blasio on how the NYPD has handled the rioting and looting. It has been absolutely chaotic.

But, Monday, Governor Cuomo said the NYPD actually needed to do a better job. Mayor de Blasio said Cuomo owed the men and women of the NYPD an apology, which, according to reports, and we have seen some of the video, it did happen last night, everyone saying they're ready to move on.

And, as you can see here, they're doing some minor tweaks here to the razor wire here at Saks Fifth Avenue, getting ready for another night, hopefully, with no action here on Fifth Avenue or anywhere in New York City when it comes to looting.

We will see what happens tonight, Neil.

CAVUTO: Yes, let's hope it stays that way.

All right, thank you very much, Laura Ingle.

Well, I had a chance yesterday to catch up with the New York City police commissioner, Dermot Shea, and his frustration over those arrested and how quickly they were tending to be released. Take a look.


DERMOT SHEA, NEW YORK CITY POLICE COMMISSIONER: I just heard a story about somebody saw a protester -- excuse me -- a looter arrested.

The reality of the situation is that that looter will probably be back in three hours, and we will have to catch him again.


CAVUTO: Well, that's a problem for Mike Martucci.

He's a Republican candidate for the New York State Senate. He wants the whole bail reform law addressed right now, to suspend that, to the point that this kind of thing doesn't happen.

Very good to have you, Mike.

Easier said than done, but you're quite right to point out the unusual nature of someone being arrested, and then, no matter almost what they're doing, released within minutes.

What do you want to do to address that?

MIKE MARTUCCI (R), NEW YORK STATE SENATORIAL CANDIDATE: Well, first, Neil, thanks for having me on.

Let me start by saying, I totally recognize that folks have a right to protest and call for change and honest accountability. But what we see happening in New York, like you just showed, is really unbelievable.

So, I mean, I think what needs to happen now -- I mean, certainly, it's a great first step that the governor had apologized to the NYPD for what he had said on Monday, but I'm respectfully calling on the governor to use his lingering emergency powers to immediately suspend New York's harmful bail reform.

I mean, you heard Commissioner Shea talk about it just yesterday on your show, and I think that right now we need our governor to step in and suspend these laws, so that our police officers aren't forced to arrest the same criminals night after night.

CAVUTO: So, what does it mean, Mike?

In other words, as things stand now, under the bail reform now that you want to see suspended, is, if you burglarize something, and you're arrested, you don't need to have someone pay bail to get you out, essentially, right?

MARTUCCI: Well, right.

And I think what's even -- what's even more of a concern is the fact that night after night, our police, who are struggling enough to keep the kid the city safe right now -- and cities all throughout New York state, you see the State Police have been deployed on in cities all over New York -- that people that are committing terrible violent crimes, burglary, assault, arson, are being released back out in the streets within a matter of hours.

And it's clear that, especially in moments like this, where there's widespread rioting and larger concern with regard to public safety, that judges need the ability to keep people that are dangerous in jail.

CAVUTO: Do you think, with this 8:00 p.m. curfew, that whether you're a peaceful protester or one inclined to do some damage, you have got to be off the streets?

That's the message of the curfew. But a lot of people stay on the streets. By far, the overwhelming majority are not doing any harm, but the idea of a curfew is, you get off the street.


I mean, it's been clear that there are a select very dangerous few. And I think it's important, really in the safety -- or in the interest of public safety for everyone, that that curfew is observed.

I mean, again, now more than ever, public safety is the number one issue. And I think that the curfew is a step in the right direction in terms of keeping New Yorkers safe.

CAVUTO: All right. We will follow it very, very closely. Thank you for taking the time.

By the way, we did reach out to Mr. Martucci's Democratic opponent, Jen Metzger. We have not heard back. But, again, we hope to. So, we will see on that.

But, again, there is a push here, certainly in New York, to get something going on bail reform, because a lot of these protesters who are arrested, they're right back out on the streets.

We will have more after this.


CAVUTO: How would you like to be the owner of this store? You're seeing your life's work being demolished.

Colossal Cupcakes is now just a colossal mess.

Kelly Kandah out in Cleveland is with us right now. Protesters just had their day and ruined what is her entire livelihood.

Kelly, how you doing now? Kelly, can you hear me?

All right, take my word for it, that shop was totally demolished by protesters here. This has happened in a number of cities and states across the country. But the randomness of it and the increasing violence around it is something that a lot of cities and states are trying to crack down.

One of the things they're trying to do is, with these curfews, to get people off the streets earlier. It has done some good in the New York area, where they moved it back from 11:00 p.m. to 8:00 p.m.

But the fact of the matter is, in more cases than not, when looters are intent on getting into your store, they will find a way to do that.

Let me see if Kelly is good right now.

Kelly, can you hear me now?


CAVUTO: All right. How are you holding up now?

KANDAH: I'm doing well.

CAVUTO: How much did they destroy?

KANDAH: They pretty much destroyed the entire storefront of the bakery.

CAVUTO: So, do you know whether police had tried to hold them back, or what happened?

KANDAH: Everything happened really fast, I know, the rioting in itself.

And just from our call into 911, it was a struggle, I know, for them to get to us. It took some time. They had to fight through to even make it to our store, and that -- they got there. They got us out and -- of the (INAUDIBLE) room that we were all hiding in.

And they -- they said, you have 30 seconds. Grab anything you want, and we have to go.

CAVUTO: So, they took everything, or destroyed everything, or both? What?

KANDAH: It was more of a destruction thing.

They started with the windows. They -- there's a lot of glass in our store. We have a lot of furniture fixtures that are glass. So, they broke glass. We're all windows. They got every window, all the doors.

And then our bakery case, which is sort of the focal point of our retail spot, they went to town on.

CAVUTO: You going to rebuild?

KANDAH: Of course, yes. It's very important to me that I don't let this bring me down, and not -- it's not just me.

All of my neighbors, small businesses in Cleveland that were affected, this is a huge heartbreak for us. So, as a team, we all just want to support each other and do what we need to do, as long as it may take.

I know for me it's going to take some time to rebuild the store. But it'll be worth it. And I hope to come back better than before.

CAVUTO: I have no doubt you will, Kelly. I'm glad that you're safe and your workers are safe, but the just ridiculous and needless tragedy you don't need right now.

We wish you well, Kelly Kandah, Colossal Cupcakes owner, now a colossal mess, but, obviously, she hopes to get it up and running, and soon.

It makes you think about the wisdom of protests that are meant to be a man who was wrongly murdered, and whether that has any upside on that.

Here's "THE FIVE."

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