tv Shepard Smith Reporting FOX News October 7, 2013 12:00pm-1:01pm PDT
thanks for joining me today. now, for the first time ever, here is shepard smith, reporting live from the fox news desk. go for it. >> you're the best. this is the new home of our new program called "shepard smith reporting" which will air every weekday at this time. this is the new hub for breaking news coverage for all of fox news channels. we call it the fox news desk. i'll give you a tour and show you what we have here to help us get the news to your home or your office or your phone as quickly and accurately as possible in real-time. i'll explain the function of these people. they do have a function and a very important one in our new model, and you'll meet all of them over time. heave been busy while i've been away from your tv box. right now, on shepard smith reporting, news desk first.
steve harry began on the wars happening in the american cities. the shocking reality and focus. >> meet the kid who moved across the country without a boarding pass, and the drunks of octoberfest. wait until you hear how much beer. let's get to it. >> now, shepard smith reporting, live from the fox news desk. >> first from fox news desk at 3:00 in new york city. interrogation and investigations are underway on a u.s. navy ship where somewhere in the mediterranean sea as one of the world's most wanted terrorists finally faces justice. that what pentagon officials are telling fox news. after 15 years on the run, officials say the raid that finally took down this guy lasted less than a minute. his name is abu anas al-liby and that's a picture of him. official says he was the brains hind the deadly bombing
embassies in 1998, and not only did american special force final him, they tike him out alive, and now the cia and the fbi are pumping him for any intelligence he can provide. the capture went down saturday in libya on the northern coast of africa. that same day, and some 3,000 miles away, the u.s. launched a separate, second terror raid, one with a very different ending. it happened in somalia on the horn of africa. members of the navy seal team six approached a port town under the cover of darkness. the same team that took out osama bin laden. a u.s. official tells fox news the guy they were looking to find is the commander of the terror group behind last month's deadly mall attack in kenya. who can forget those scenes. but the seals aborted the mission at the last minute and left somalia empty-handed. jennifer griffin is live this afternoon at the pentagon.
>> hi, shepard. shepard, right now we are getting details from the pentagon about how the interrogation is likely to go onboard the u.s. navy ship in the mediterranean. i'm told he could be on board the ship for a matter of weeks. it is -- if you look back at the last time they held a high-value detainee they snatched from africa, that was two years ago and n2011, when a sammi was snatched and was kept onboard a navy ship for 40 days and then brought to cowering in a federal district court in new york. he pleaded guilty and was eventually convicted. so, that's what they expect to happen. there's already some complaints from capitol hill, senator lindsey graham says al-liby
should be tape to guantanamo bay. >> i guess there are questions from the country where we got those guys. those remain, don't they? >> well in libya, the prime minister came out and said that he is demanding answer from the american government, but there are also indications that the libyans may in fact have been told about this operation in advance. the state department today would not comment been whether they had shared that information with the libyans. but remember, u.s. special operations forces, special forces, had been training libyan command doughs, -- commandos and it's not out of the question some libyan koa man doughs may have helped with the operation held by the u.s. army's delta force. >> questions about the timing here. the white house needed something good in foreign policy and the cynics and critics suggested this was a timing matter that hilt nicely -- hit nicely. >> there is the issue of why grab al-liby now.
he had been wanted for more than 15 years. he had been living, we're told, in the open in tripoli, the capitol of libya. a year ago there were news reports he had been sight. the he didn't have large security contingent with him. it's clear he felt comfortable there, so the question is, if they've been watching him for some time, which i understand they have been, why carry this out now? the white house pushed back today and said the timing of the two raids in two separate countries happened -- to happen tame on saturday was sheer coincidence, but again, the question is, why grab al-liby now when he has been in the open for so long. >> shepard: back here at home, some severe weather all up and down the northeast, and more to come in other parts of the country. i'll show you this on my computer over here, or i'll try to. this is the scene right now -- shift, shift, f-10. shift, shift, f-11.
this is the northeastern united states -- it's new equipment. you can see this weather has just been moving in all afternoon and the thinking is new york city is about to get pounded. you see this long line of yellow and red? this is going to affect everything from new england. these are watch boxes and warning boxes here from new england down to the mid-atlantic, and we'll have more an that in a minute. but in the southeast, this is what remains of tropical storm karen. the thinking was two days ago that by this time, that storm might be a hurricane and the thinking was it might go straight up along the mississippi or alabama southern border, or up along the coast of florida, and then head up the eastern seaboard. instead, a lot of air came across, took the top off the storm, and eventually broke it apart. so there's not much left at all. let's get to janice dean in the extreme weather center. it's looking rough out there. >> the next hour or so new york city is going to get pounded and
we have delays in all of the major airports up and down the i-95 corridor. from d.c. to boston. you were mentioning karen. some of that moisture being absorbed by the cold front and this is the evolution of this cold front that brought the ef4 tornado to nebraska as well as the energy that brought that incredible snowstorm across the northern plains, 48 inches of snow. so it has a history of producing some major storm activity across the u.s. right now, as you mentioned, we have a couple of watch boxes in effect, tornado watch stepped -- extending from maryland to delware and then upstate new york until 5:00 p.m. as this line continues to move east. and then we have a severe thunderstorm watch in effect until 10:00 p.m. that covers long island, towards maine, and looking at the latest watches and warnings, we have a couple of -- well, surveil -- several thunderstorm warnings. millions of people live in these
areas. >> shepard: i was looking at the big wall. this storm -- janice, we were watching it saturday, guess, and the thinking was it would keep churning, but always the wind was so strong you had the center of the storm in one place and no moisture to the left of it. >> right. dry air and you had a lot of wind sheer in the upper levels that tore karen apart, and that's been the story all hurricane season. we have had these storms crop up, and before they can even reach hurricane status, lot of dry air and upper level winds that kind of tear these storms apart. but a lot of the tropical moisture from karen is already up towards the, not a shepard so that is part of the reason we're sear severe weather, moisture and the cold front, unstable air ahead of it. feels like summertime across the northeast. that's going to change drastically within the next 12 to 24 hours so severe threats from virginia, up to new england, towards maine, for the next self hours, and airport
delays, over hours of airport delays up and down the northeast coast, and you know what that means? ripple effect for the rest of the country. >> shepard: 30 to 60 minutes across the airports in new york. no fun. janice deep, nice to see you. >> nice to see you. >> shepard: some of america's most historic cities are, frankly in economic ruins these days. block after block of abandoned buildings, armed gangs roaming the streets. steve harry began will use his combat zone no how to take us to the country's most dangerous places. we'll show you around this place in just a few minutes. nice to have you in today. vo: two years of grad school. 20 years with the company. thousands of presentations. and one rd earned partnership.
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>> shepard: new orleans, louisiana. one of my favorite cities in all the world, especially at night. after really more than a decade after hurricane katrina, the violence is tearing apart parts of the city. the crime rate in the crescent city is ten times the national average this. week alone police responded to several shootings. one in -- in one of them a bullet grazed a four-year-old's head. that boy's grandmother died. outside the tourist area sections of the city, look more like a warson, according to the locals so we sent ore veteran war correspondent steve harrigan
to new orleans. what did you find? >> we came down here to cover shootings and since we got here it's been wall-to-wall. when we first got here, seven-year-old girl shot in the face, and just yesterday we were a at the boy's house, the four-year-old, who was shot in the head. it's these kind of young victims that are really sparking outrage here. >> with a machete. >> after this man was stabbed in the abdomen, he sat on his balcony and smoked a cigarette. >> someone trying to break the glass and stab you. >> calmly waiting for the emts. he had been shot and stabbed before. >> how long ago did you get shot in the arm. >> in '07. >> violence is nothing new in new orleans where people are shot or stabbed at twice the average rate in the 20 most
dangerous cities in the u.s. but a new kind of shooter is sparking an outrage. >> what shocks shocks the conscf us is that people who fire guns and have no care to the world about where that bullet may go. >> bullets that go through cars, through windows, through a grandmother, and kill those two small to run away. ebony gordon's one and a half-year-old daughter turned to run when one man shot at another in a courtyard full of children. she was shot in the back of the head. the mother made it to te hospital behind the ambulance. >> i was holding her in my arms as she was dying. >> i can't imagine how hard that was. what did you say to her? >> wake up, and i love you.
>> and then what happened? >> she died. >> did you feel her go? >> yeah. like, her body weight just dropped, like she got real heavy, like she wasn't that heavy as i was holding her, but i could tell when she died because her body weight just dropped like she got real, real heavy. >> that's a burden many families in this neighborhood feel. this is a memorial to a one-year-old girl who was shot and killed just at the end of this summer. she was actually in the arms of her baby-sitter. he baby-sitter was shod -- shot through the back. >> hough is that woman doing? >> she is a strong woman. throughout that interview her mother was sitting behind me crying but she was tough. and her only tough time is when someone comes in with a little girl she goes out back behind the store, smokes a cigarette to try to calm down. >> after the hurricane there were so many problems in the
hospital. new orleans has a terrific trauma hospital. it's my understanding they're too busy. >> it is a level one trauma hospital. they are fantastic. they're seeing three or four shooting victims every day, and they learned a lot from the wars in iraq and afghanistan. they're using more tourniquets. >> people who might visit new orleans in the french quarter or updown, you don't see this thing there. the distribution of violence is not even. >> it's not even at all. new orleans is the third most dangerous city in the u.s., the place where you're most likely to get shot. this neighborhoody i'm now is six times more dangerous than new orleans as a whole. so the figures for this area off the charts. >> steve harrigan in new orleans. thanks very much. we learn a lot more about the driver of a monster truck that barreled into a crowd. we've seen the death toll. now we'll see the investigation, and in just a few minutes i'll
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>> shepard: 20 minutes past the hour in the fox next desk. we brought in a lot of new tools to help brick you -- bring you the news, from social networking trawlers to filter and tracking system to powerful commuting commit. that allows us to display platforms to show you what we gathered throughout the day. one of the tools is a way to manipulate video on this massive wall. this we're calling a remote.
a technical name but it's boring. it allows know scroll through the media of the day. this happens to be a palestinian woman who is having a beef with an israeli soldier, and this is tony romo from last night against denver 506 yards passing and still managed to lose. there was a late pick. what a game. this is a fire that has been set in belgium. firefighters in belgium are complaining about next year's budget so the firefighters went out and set their own fires. this is russia. they've already got the olympic torch going around the country as we move toward the olympic games. and roger federer, no longer number one in the world, rafa nautical is number one bus roger beat him in china. it was so smoggy the players could bare he breathe and people were wearing masks. so you get the idea. and i can move it back and pick from any number of our different sets of pictures from the day, ad them to the slide show, and
it's a lot of fun to play with and an interesting way to display things. and then we have these massive computers. you can notice around the place, rather than little computers like we idea to have at home, this is what we work with now. this happens to be an a-team news spread, so we can take a look at what is happening around the world, call our sources and get confirmation, and with this we're able to quickly bring up photographs photographs and pieces of media. this from a blast in iraq that killed 30 people over the last couple of days, and the pictures out of there are horrible. so many complaint about terror strikes, ethnic problems went the country. the pictures just go on and on and they're from every region. what we do in this room is try to vet what you're seeing on social media and from other immediate use sites. it's not a secret that a lot of people get their information from twitter and beyond. so what i hope is that over the days and weeks and months and years ahead, we're going to be able to vet this for you.
you can see on the left-hand side of this massive wall, what we have newsworthy, the boy on the plane. a biker beating we have been covering. terror raid. these their matters we're investigating. and 0 overhere, the matters we have been confirmed, and all of this integrates with our overall computer system to let us know where we are in the information gathering and dissemination process and enable to us get it to your screen quickly. that explains the work flow for these people. formerly producers, now information specialists who take information from social media, from our properties around the world, our vast news-gathering organization we have for ourselves and our partner networks around the world, so we can take all of that information, compile it, take the social part of it and make calls and internet checks and otherwise to get things confirmed. the idea is whenever breaking news happens this team is here in this room, along with dozens
of others outside it, and we'll bring you the breaking news, no matter the program you're watching at the time. in fact, chris is up here and has been working on this monster truck crash that a lot of people thought we saw over the weekend. this happened in mexico, and, chris, they just did not have the sort of safety precautions that we would be used to here in the united states. >> you're right. and i'm sure many of you at home have seen this video. i'm going to play ill right now. you have the driver, just happened on saturday. the driver is going over the car and it appears right there where he is -- some witnesses said it appeared that to the he hit his head and then he kind of went into the crowd. so, it's pretty bad. they did say that alcohol was detected on his breath. they have not released the level of alcohol. but they also are saying -- they're looking into possible safety violations, because the -- it totally pummeled
through the gates. >> shepard: there's not a safety fence there or anything. >> no. so they're looking into that in me meantime he is being held on suspicious on manslaughter. that's the latest we heard. >> shepard: these things are fun to work with. >> they're pretty cool. >> shepard: we can bring up media sources from anywhere in the world, from all over the internet, put it through our system, vet the information, at metta data and send it over to this company. a 21st century upgrade we're excited to have because all we want to do is get it right and get it to you as fast as we can. as we move on, nine-year-old boy managed to get on plane without a boarding pass. did you hear about this story? and flew himself to las vegas before authorities realized. all of that is coming up. and you think, well, okay, nine-year-old boy got on a plane, but if a nine-year-old boy can do it, what can a terrorist do. all that and a couple mums -- minutes from now, fox report.
>> shepard: more of today's top headlines. senate majority leader harry reid is challenge john baner to allow a vote on a bill that would re-open the federal government without making changes to the healthcare law. today is day seven of the government shutdown. of course, the house speaker insisted the president must negotiate on the law if he wants to end the thing. the supreme court began its new term this morning, despite the partial government shutdown. the justices already turned away hundreds of appeals from lower courts. campaign finance law one of the big cases on the agenda today. and there's word that nearly 6.5 million people showed up at this year's oktoberfest in munich, germany, and they drank enough bill to fill more than two olympic size pools.
shepard smith reporting continues right of this. and you're talking to your rheumatologist about trying or adding a biologic. this is humira, adalimumab. this is humira working to help relieve my pain. this is humira helping me through the twists and turns. this is humira helping to protect my joints from further damage. doctors have been prescribing humira for over ten years. humira works by targeting and helping to block a specific source of inflammation that contributes to ra symptoms. for many adults, humira is proven to help relieve pain and stop further joint damage. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal events, such as infections, lymphoma, or other types of cancer, have happened. blood, liver and nervous system problem serious allergic reactions and new or worsening heart failure have occurred. before starting humira , your doctor should test you for tb. ask your doctor if you live in or have been to a region where certain fungal infections are common.
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>> shepard: a nine-year-old runaway took quite a trip to sin city, sneaking through airport security, hopping a vegas-bound flight, and didn't even have a boarding pass. a spokesman says the boy took the train to the terminal. no adult with him at all. he didn't have a ticket and he reportedly made it past security screening behind another family, and from there he got right on a delta plane. delta gets you there with care. airline crews say they got suspicious around mid-flight after they noticed the kid was wasn't alone but one an unaccompanied minor. crews called the police in las vegas and child protective services took the stowaway. we reached out to a delta spokesman for a statement and the airline said in part, safety and security are always delta's
highest priorities and we're reviewing our policies and procedures to make sure something like this does not happen again. but here's the thing. workers at minneapolis-st. paul airport say the same boy was at the terminal the day before all this went down. we're told he grabbed a bag from the luggage carousel, then ordered some lunch at a terminal restaurant and stepped out on the bill. that is the restaurant. with us now, diana falazon. >> i developments know hough this happened. i can't get through with a ticket. >> there's a huge gap 0, number of hours where the kid was missing from his parents' hole. that's the part that gets me. we're blaming ts and airline security but where is the mother in all of this, and the father? >> shepard: you blame tsa and airline security because they are supposed to stop -- i can see getting behind another family but i have seen them do patdowns to kids, and this guy
just walks through. what is the plan now? >> the plan? >> shepard: i know they're investigating. they've got to come up with a plan. >> you would think so. i think that there unfortunately isn't really a plan. i don't believe they have anything to help them stop this in the future. now that they're going to stop eave child to make sure they have a ticket? this was a very clever child. a young evil genius. >> shepard: got out without paying the bill. what is he doing at the airport two days in a row. >> who did not realize this kid was slipping through the cracks? >> shepard: apparently nobody realized it. you wonder how it is they are going to convince us they can stop terrorists. i know they can stop my shampoo bottle from getting through. they're very good. >> they've stopped me before. i've gone -- never set off the security alarm and stopped and frisked. so this is a big problem. take out the security screening,
he didn't have anything that was alarming bud did not have a ticket so how did he board the plane? i'm curious to see who will take responsibility. there's so many questions so little answers and this is a developing story. >> shepard: i wonder, too, because it seems like every plane you fly on these days is full. i wonder if he was standing around in the back with the flight attendant because there's never an extra seat, and don't they have to scan the thing and it goes binge -- >> exactly. must be one cute kid. was able to smile his way on to the plane. he said, my parents are sitting in the back. that's how the sources are reporting. >> shepard: you say he showed up far his buehler. >> elizabeth smart going public about her kidnapping. she is 25 years old now. and in a brand new book she
reveals just how close she came to getting away more than once, including a near rescue after the seconds after the kidnapping happened. the year was 2002. she was but 14 years old. she says she woke up in her home in utah and found a knife to her neck and a strange man ordering her to come with him. it was this guy. brian david mitchell, as he led her through the neighborhood, elizabeth smart says he forced her to the ground when a police cruiser passed. he said he'd kill her if she moved. that's elizabeth smart's story. that it one of the many times elizabeth smart an toward police during their terrifying ordeal. each time she says she was afraid to cry out because brian david mitchell thenned to kill her many types. until one day an officer seemed to recognize young elizabeth even though she was in disguise. >> asking questions. i was just too scared to answer, until finally the police officer
separated me from my two captors and started asking me, are you elizabeth smart? if you are, do you know your family misses you so much and they love you so much, and they have never given up on you. don't you want to go home? and it was only at that point i could finally tell them that i was elizabeth. >> shepard: incredible. brian david mitchell is serving two life sentences. joining us now mel robins, trial attorney. >> great-looking set, shepard. >> thank you. when we crank it up for breaking news it's going to work beautifully. you think about this poor girl all she has been through, and i guess it's a bit of catharsis to write it down. i wonder what the reliving it all is like. >> i think that writing the book has to be therapeutic, and let's talk about the two major ends of the story, shep. i have a 14-year-old and a 13-year-old daughter like so many of you at home, and so when
you hear the details of this story, about what this young girl endured at the age of 14, it's an extraordinary story of survival. particularly the moment where she was in a library, i believe, and was with these two freaks, and the guy was talking to a detective and wanda, the wife, had her hand digging into elizabeth's leg so that she would not say a word. this poor kid was terrified. but this is really a story about human survival and about our resilience. she endured a remarkably horrific and -- she was tortured, raped at the age of 14. held captive, and yet she has gone on to have a really remarkable life, and i think that is the real message here and what she wanted to do with this become. so, people that are at home,
dealing with extraordinary circumstances in their life, i think that is the lesson to take away here-that we all have this remarkable capacity to survive and to be resilient in the face of just terrible circumstances. >> shepard: we mentioned how young she was. the question is whether you talk about this straight up with all the facts to a, say, 13 or 14-year-old girl. do you let them entertain those thoughts? and my thinking was, sure, you do. this can happen to anybody and this story of resilience is won worth hearing. >> it's important to note that she was intimidated because this guy was saying to here, i'm going to kill your family if you say anything. so i've actually said to my daughters and son before, if anything ever happens and somebody says they're going to do something to me and daddy, don't you believe it. mommy is coming after them with a fricking tank. so don't believe them. >> shepard: we're coming for you, mommy and daddy can take care of themselves. good to see you.
>> good to see you. >> shepard: millions of north koreans are reportedly starving on a daily basis, but the communist regime there just decided to spend its money on something far more important. a ski resort. that's next. from the fox news desk. my mantra? always go the extra mile. to treat my low testosterone, i did my research. my doctor and i went with axiron, the only underarm low t treatment. axiron can restore t levels to normal in about 2 weeks in most men. axiron is not for use in women or anyone younger than 18 or men with prostate or breast cancer. women, especially those who are or who may become pregnant and children should avoid contact where axiron is applied as uneected signs of puberty in children or changes in body hair or increased acne in women may occur. report these symptoms to your doctor. tell your doctor about all medical conditions and meditions. serious side effects could include increased risk
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>> shepard: breaking news. we're watching the rescue of a hiker. this is happening in a mountain -- a mountain rescue in rural metro, it's called. let me look at the exact location. this is ksaz in phoenix area. this is a mountain park in mesa, arizona. the hiker was sitting up and talking to rescuers and the chopper had come in. the rescue chopper. this is a tv chopper showing you around. rural metro working on a mountain rescue.
a 46-year-old guy apparent live fell while he was hiking and hit his head. he lost consciousness for a bit. it's my understanding that they're going to be able to get him out there and pretty quickly. but so far, no luck, the mountain rescue underway. i'm looking for some further details. when we get back there, we'll let you know. the knowinger korean dictator who staffs his open people and locks up thousands in will beer camps now says he wants north koreans to hit the slopes. this is kim jong-un, fondly known here is a kim the younger, and the best buddy of dennis rodman, lil' kim's latest project is a world class ski resort. there's kim the younger. he has become very popular around here as he, like his friend and his father, who died, of course, likes to look at things quite frequently. he has hosted dennis rodman
twice, and rodman says he just wants to be his good friend. so there he is and he and rodman together in their most recent trip. this is the ski slope area. it's a beautiful place. asow know they have some of the worst poverty in all the world. half the place is dark and without electricity. and there's not enough food for everyone, but they have plenty of weapons and now they'll have this ski slope. they're going to pop late this soon and they're building around it as well. north korea some all its problems, yet kim the younger, the dictator there, is managing to bring in a nice lodge, and now the beginning of this slope. i'm told that hundreds and hundreds of workers are there, and look how they carry things around. they're not exactly advanced or sophisticated. it's my understanding a lot of the day they don't have electricity and food and water out for these folks but manage to get them to carry things around. the pulley system, we don't know hough this works. certainly no clue what any of
this says, but there's the ski slope, and in north korea they're all quite excited about it. the future of news has arrived on the fox news desk. getting to this point has been quite a journey, a long one. the idea of telling viewers what is happening in the world hasn't changed at all but the way we gather information and the speed with which we can get it to you has changed a lot. take a look at how news coverage has evolved. into this. >> fox movie tone news news. the great grand-daddy of fox news channel. headlines at the movies. pretalkies. you had to know how to read. about that soon changed. >> the airborne army flies over belgium. here the cameraman is filming these scenes. >> tv spelled the end for news reels, by delivering news as it
happened, as cleares to it. >> president kennedy died at 1:00'm central standard time. 2:00 eastern standard time. some 38 minutes ago. >> shepard: tv crews hit the front lines in vietnam but developing, editing, and flying film back to the states for air took days. satellites, video cameras, and microwave trucks gave us the speed of light. >> there's that news cam again. >> anytime, anywhere. >> this used to be washington avenue. >> shepard: from the ground. in the sky, and around the world. >> when there's a strike, here's the drill. we contact new york about the same time. and tell engineering, and then they get the live shot up. and we come out here to the live location, on the roof of the building. >> we're doing more with less. from video phones during the
iraq war. >> there's a little jittery. >> shepard: to streaming over the internet. >> this is wild stuff. >> shepard: it's not always pretty. >> the first lady joined the president on the trailing are right? >> trust me, she did. >> shepard: we found a way to cover breaking news while driving to it. our quick response vehicle. >> it's a sad turn of events to unveil this technology in a situation where it appears as though a man has taken hostages. >> shepard: we knock go live using a supercharged cell phone in a backpack. >> i want to double check your audio. >> shepard: even the phone in our pocket. the pictures are 0 from scott wilder's cell phone which is streaming video from the scene. >> shepard: we have gotten better and so have you. smartphones sparking a new era of citizen journalism,
revolution nicing the way we all view and use the news. that brings us to today and the news desk where we'll bring you the latest stories using the very latest technology. >> shepard: more of the top headlinesment the u.s. justice department claims it wants to delay a court case in which the feds say they would reveal more details about the nation's security agency's surveillance program. that case involved the government forcing yahoo to turn over customer data. the sister of the woman who police shot outside the capitol building say she was not delusional. authorities said she thought president obama was communicating with her somehow. cops say that woman had tried to ram her car through a white house gate with her 13-month-old baby in the back seat. somebody has forked over $30 million for a massive white diamond.
118 karat stone. a rep claims the seller wants to remain anonymous. >> the concern for one of the bikers involved in the crazy attack here in new york city on the west side highway, now says his client overreacted. but he also says his client was not involved. so how does that fly? the details ahead on shepard something reports.
$6.5 million to lead the team. they just cut him. 'm still owe him $6.5 million. >> the nypd just confirmed somebody new is in custody in connection with neating on an suv driver here in new york city. officials say they have not arrested this person so for now they're not releasing a name. the lawyer for a new york city police detective who was at the motorcycle rally at the time says the detective did not see the beating. that is why he waited three days to come forward. and the biker who smashed his helmet into the suv window? well, he, quote, overreacted. that is according to his attorney. he admits his client did break the car's windows but did not take part in the beating of the driver. >> reginald chance is the biker. he appeared in court just yesterday. here he is with his another biker caught part of this incident on his helmet cam, and most of you have probably seen this video. the drive, his wife, and
two-year-old daughter war in -- were in the vehicle at the time. the wife says they feared for their lives after a group of bikers swarmed the. police say bikers later pulled the driver from the car, beat him, and kicked him. according to a criminal complaint the man suffered two black eyes and cuts on his face and his sides. joe? >> joe is a criminal defense attorney. you're around the last couple of weeks when i was out having shoulder surgery. this guy overreacted. that's the word from this attorney after he busted out a window and beat a guy senseless? >> an interesting choice of words. he is clearly between a rock and a hard place because what is caught on tape is devastating enough. he is caught smashing a car window in with his helmet, six times, obviously striking the driver of the car. that in and of itself is enough for a conviction of assault in the second degree, which will
clearly carry at least five years in jail. so, forget about what happened after the fact. that in and of itself is devastating. >> shepard: the reporting from the new york post originally of this undercover officer, who wasn't involved in the crime, and there were no allegations he was. but he was there long for the ride with the biker gang. if you're a cop you have to tell your superiors this sort of thing at the minimum. >> without doubt. there's clearly no legal duty for him to do anything to assist or par take in breaking this up, but there is a moral duty? without a doubt. there's clear lay moral duty. somebody who is a police officer, who is trained to assist in these types of situations, for him to sit there and -- sit idle and not do anything? shame on him. >> shepard: i was talking to a couple of police officer friend. there was a tunnel to towers run, big charity event, i think 35,000 people downtown for this. and this group of bikers, by the dozens, even hundreds, just crashing all around lower manhattan. thousands of people witnessed this.
what is up with these guys? how do you stop this? >> well, clearly, one way is for the nypd to ticket these guys a bit more aggressively. but what is clear here is that the prosecution of these individuals -- it's clearly headed in the direction where the driver is not going to be held liable for his actions, and they seem to be focusing in on these motorcycle drivers. >> shepard: makes sense. we'll be right back. i'm phyllis and i have diabetic nerve pain. when i first felt the diabetic nerve pain, of course i had no idea what it was. i felt like my feet were going to sleep. it progressed from there to burning like i was walking on hot coals... to like 1,000 bees that were just stinging my feet. i have a great relationship with my doctor... he found lyrica for me. [ female announcer ] it's known that diabetes damages nerves.
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>> shepard: putting a wrap on tie one of shepard smith reporting. this is the place where we'll be back for breaking news. whenever breaking news happens, this studio will light up, these people will be working to confirm information, and we'll bring you what happened whenever is does. there's no more fox report at night. we felt for years it was a fish out of water.
you usually knew the news before i said it and now we'll bring it to you as it happens. we'll watch twitter and facebook and vet and it watch the dow, too, which today is down 134. oh well. >> neil: man, oh, man, shep, just incredible. how do we keep up with this? we state-of-the-art graphics. out of this world. out of this world, speaking of which... >> astronaut is off structure. must detach. must detach. carry you too far. listen to my voice. you need to focus. detach. i can't see you anymore, do it now.