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CNN NEWSROOM

Two Close Calls Between Drones and Passenger Jets; Plane Debris Arrives at French Laboratory; Undocumented Immigrant Accused of Murder in Ohio; Almost Two Dozen Wildfires Rage across California; New Look at MH-370 Pilot; New Video of Cincinnati Police Officer Ray Tensing. Aired 11a-12p ET

Aired August 1, 2015 - 11:00   ET

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


[10:59:36] RANDI KAYE, CNN ANCHOR: It is 11:00 on the East Coast. I'm Randi Kaye, in for Fredricka Whitfield. NEWSROOM starts right now.

Breaking news: we're now getting word of two separate terrifyingly close calls over New York's JFK Airport as drones fly dangerously close to a JetBlue Airliner and a Delta flight. The drone reportedly coming within just 100 feet of a Delta jet from Florida just as it was about to land at New York's JFK International Airport with 154 people on board.

[11:00:12] Just hours earlier, a JetBlue plane en route from Haiti also reported seeing an unmanned aircraft while on approach to JFK.

CNN's Nick Valencia has been following the story for us. And Nick what is the latest on this?

NICK VALENCIA, CNN CORRESPONDENT: Yes, good morning Randi. Definitely, scary close calls at JFK. CNN just got off the phone with the FAA and they tell us of a second incident at that airport at JFK. This one involving a JetBlue flight who spotted an unmanned aircraft. This happening just hours before a Delta flight had its close call.

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: Delta 407.

UNIDENTIFIED MALE: Yes, a mile back, there was a drone flying just under the southwest side of this abandoned airport here.

UNIDENTIFIED FEMALE: What altitude would you say that was?

UNIDENTIFIED MALE: I would say probably about 100 feet below us, just off our right wing.

VALENCIA: Delta Flight 407 prepares to land at JFK Airport with 154 people on board. The jet, just 1,700 feet above the ground when the pilot spots a drone on the southwest side of the plane just about 100 feet below.

UNIDENTIFIED FEMALE: 407, did you, by any chance, get the color or type? UNIDENTIFIED MALE: No it's not close enough to be able to tell.

VALENCIA: Then JFK tower warned other pilots of the possible danger flying around them.

UNIDENTIFIED FEMALE: JetBlue 943, use caution for this arrival. The one that's ahead of you reported a drone at the Floyd Bennett Field over there. So you might see that over there.

UNIDENTIFIED MALE: Yes, we're on the (INAUDIBLE) so we're probably considerably higher than he was. We are watching out for it.

VALENCIA: Phil Derner of NYCAviation.com weighed in. Derner said, without a doubt, this was a close call. He explains a drone flying within 100 feet of a plane can easily get sucked into an engine or worse.

PHIL DERNER, NYCAVIATION.COM: These drones are made with aircraft aluminum, similar parts to, you know, the aircraft that it's about to strike. Going into an engine can destroy an engine. Going into the cockpit window can injure a pilot or even kill a pilot.

(END VIDEOTAPE)

VALENCIA: And new numbers just in to CNN. We spoke to the FAA and they tell us that these close calls between commercial airliners and drones happen more often than you think. With two calls reported to the FAA per day t That's an average of 60 per month. Last year, the average was 25 -- Randi.

KAYE: And we certainly don't hear about all of those.

So what laws, Nick, if any, are being broken by these drones?

VALENCIA: Well, the FAA puts limits and regulations on drones. These are becoming increasingly popular for personal use. The drones are not supposed to fly above 400 feet and certainly not supposed to get anywhere near airports. They have a restriction -- they can't get anywhere between five miles of the airport. But this drone coming dangerously close about 100 feet away.

And the FAA telling us that this is a scary situation. It happens a lot more often than anyone would care to admit -- Randi.

KAYE: All right. Nick Valencia for us. Nick -- thank you.

VALENCIA: You bet.

KAYE: Meanwhile, we are closely watching developments in France where soon the plane debris that washed ashore on a remote in the Indian Ocean is expected to arrive at a state-of-the-art lab in Toulouse.

The debris is thought to be a piece of a plane wing and officials are confident it is from a Boeing 777. The debris arrived at a Paris airport just a few hours ago on board an Air France jet. Teams from Boeing and the NTSB will also be taking a look at this wreckage. Let's bring in CNN Erin McLaughlin. She joins us from reunion island. Erin -- what are investigators doing there at this hour?

ERIN MCLAUGHLIN, CNN CORRESPONDENT: Hi -- Randi. Well, for the past few days now, police choppers have been in the skies, cleaning crew scouring the beaches of this island -- the same cleaning crews that found that original piece of debris. They are also analyzing the current patterns around the island in the hopes of being able to pinpoint other places where debris might potentially pop up.

And that's really seen as important because each piece of potential debris that they find could give very important clues, not only to the point of origin but also to what caused MH-370 to come down. So the search really here seen as incredibly important.

This is all, of course, happening on a very tiny little island, a tourist attraction. They are not only dealing with MH-370. They are also dealing with a volcano erupting as I speak. They have had to evacuate the upper reaches of that volcano -- it's really providing for some spectacular pictures so far.

Thankfully though, volcano not posing any sort of dangers to the areas, the lower parts of the island -- Randi.

KAYE: That is some good news. When do you think we can expect some word from France, some definitive word?

MCLAUGHLIN: Well, right now, the potential plane part, rather, is expected to arrive in France. The analysis though won't begin until Wednesday. The authorities are meeting on Monday and Tuesday -- relevant authorities really from all around the world.

[11:05:08] But once they start that detailed analysis on Wednesday, the lab that's analyzing this debris is very capable -- high-advanced technology. And we can expect from there an answer, a definitive answer as to whether or not this particular piece of debris is, in fact, from MH-370 very shortly -- Randi.

KAYE: All right, Erin, thank you very much for the update.

Let me turn to an expert on the ocean and its currents. David Gallo is an oceanographer and director of special projects at the Woods Hole Oceanographic Institution.

David -- so nice to see you again. If these parts are from MH-370, can we assume that other parts of this airplane will end up possibly at Reunion Island or at least in the same area?

DAVID GALLO, WOODS HOLE OCEANOGRAPHIC INSTITUTION: I would think so, Randi. It is not guaranteed but certainly the ocean is very capable of carrying those parts all the way across -- the currents are capable of carrying those parts all across the ocean and where they end up is yet to be seen. But they are out there somewhere.

KAYE: I mean we take a look at the map of the currents. I know you've studied them as well. I mean what other factors could affect where the debris might end up?

GALLO: The shape of the objects, whether they are above the water, pushed around by the winds or below the water and pushed around by the currents. And then, you have the typhoons, a couple of large monsoonal events in there as well. So there's all these smaller events that could change the way that the ocean moves things across the surface.

KAYE: And your team, we know, was key in finding Air France Flight 447 deep in the ocean years ago --

GALLO: Right.

KAYE: -- after more than two years of searching you finally got the black boxes. How would you go about finding the rest of this plane if this part does turn out to be from MH-370?

GALLO: You know Randi, it is two separate -- I think there's a lot of confusion that if this is from MH-370, that means they have to move the search area. They are separate -- totally separate searchers.

One is looking for floating debris. That is constantly on the move. And the other is looking for the main body of the wreckage which is probably sitting on the floor of the Indian Ocean not moving. So I think the Australians are very confident that they are looking in the right place back off the west coast of Australia.

They have done a great job. I have seen some of the images from their work. I have colleagues out there working with them. They haven't seen anything from the aircraft yet. But they are going at it every single day, 24/7.

KAYE: What will investigators do you think be looking for on this particular part of the plane? And could it tell them what actually caused the plane to go down?

GALLO: I do believe that they're going to the BEA (ph) that's the French agency in charge and the ATSB and -- you know, there's an incredible amount of talent about to descend on that lab. And I would look back at the Air France 447 final report. It is available on line. You can see even from the floating wreckage from Air France 447, how every piece tells a little bit of a story about how that plane impacted the water surface.

So they will be able to get an awful lot from the tears and folds and bends and dents. And then they will get an awful lot from the animals living on that piece of plane as well.

KAYE: I'm not sure if you heard the report just before you. But our reporter, Erin McLaughlin she mentioned this active volcano on the island that's erupting and a possible cyclone.

GALLO: Yes.

KAYE: Could those impact the ocean currents and the search for more debris? GALLO: The volcano will only impact the islanders plus maybe some air

traffic around the islands. The storm, a major ocean storm certainly will impact the search for debris. It will shuffle things around a bit more. So I've been there to Reunion and Mauritius, they are glorious islands but very, very volcanic, very true -- not surprising.

KAYE: All right. David Gallo -- I'm sure. It doesn't sound like it is very surprising. Appreciate your expertise as always. Thank you.

And more now in our breaking news.

GALLO: Thank you.

KAYE: Two close calls involving passenger jets in one of America's busiest air spaces. Are drones putting planes in danger?

Plus a judge goes off in a courtroom over an undocumented immigrant accused of a deadly crime spree. See what happens.

And incredible pictures as the Coast Guard coming to the rescue of a woman who became ill on a cruise ship. Stay with us.

(COMMERCIAL BREAK)

[11:12:37] KAYE: We are following breaking news this morning. Wildfires raging across the drought-stricken state of California. Governor Jerry Brown has declared a state of emergency. 23 major fires are burning right now. And tragically one of them has claimed the life of a firefighter.

38-year-old David Ruhl (ph) of South Dakota lost his life battling the frog fire near Adin, California. He had been with the forest service for 14 years and leaves behind a wife and two children.

Ivan Cabrera joins us from CNN Weather Center in Atlanta. And Ivan I guess more hot dry weather are in the forecast now for California.

All right. We're having some trouble hearing Ivan. We'll get back to him as soon as we can.

Meanwhile, coming up next, a judge goes from angry to holding back tears when he confronts an undocumented immigrant accused of killing someone. You'll see what happens.

And one of pro wrestling's famous characters has died. The man who Hulk Hogan calls his best friend.

(COMMERCIAL BREAK)

KAYE: Checking top stories now.

Bobbi Kristina Brown, the only child of famous singers Whitney Houston and Bobby Brown will be laid to rest today. A private service is happening just outside of Atlanta this morning. Bobbi Kristina died in hospice care on July 26th, several months after she was found unresponsive in a bathtub similar to the way her mother died. She was just 22 years old.

The coast guard was called in Friday to medically evacuate a cruise ship passenger hundreds of miles off the coast of San Diego. Just take a look at this. The 35-year-old woman was experiencing severe abdominal pain. She was evacuated by helicopter and taken to a hospital for emergency care.

Pro wrestling legend Rowdy Roddy Piper has died. The kilt-wearing superstar of the 1980s was one of the best bad guys in professional wrestling history. Piper's agent says the 61-year-old passed away in his sleep from cardiac arrest. He leaves behind a wife and four children.

For the second time in less than a month, an undocumented immigrant has been accused of murdering someone. Ohio authorities knew the suspect in this, Juan Razo, was undocumented but did not detain or deport him. He will be in court Monday on a murder charge along with an attempted rape charge.

Reporter, Suzanne Stratford, from our sister station, WJW, has more now on Razo's first appearance in front of a judge.

(BEGIN VIDEOTAPE)

JUDGE MICHAEL CICCONETTI: I can't set a bond high enough. I cannot set one high enough, so I'm just going to set it at $10 million.

SUZANNE STRATFORD, WJW REPORTER: A hefty bond set by a determined Judge Michael Cicconetti to ensure 35-year-old Juan Emmanuel Razo isn't easily bailed out.

CICCONETTI: Does he have a passport?

UNIDENTIFIED FEMALE: No.

CICCONETTI: Does he have a green card?

UNIDENTIFIED FEMALE: No.

CICCONETTI: Then how the hell do I know it's even him?

STRATFORD: At times, the judge becoming agitated during Razo's arraignment in Painesville Municipal Court Tuesday afternoon on one count of attempted murder. So far additional charges are expected stemming from a crime spree Monday that started with the attempted rape of Razo's 14-year-old niece. Then led to a massive manhunt and ended with one woman shot and wounded on the Lake Metropark's Greenway corridor trail and another woman murdered.

This exclusive photo obtained by Fox 8 News shows Lake County authorities finally capturing Razo after he reportedly shot at deputies.

CICCONETTI: -- had somebody that we don't even know who he is, why he's in this country, why he's here illegally and why he allegedly committed a murder. STRATFORD: While Razo showed little emotion pleading not guilty, the

judge became choked up when addressing the victim's family members.

[11:20:03] CICCONETTI: I'm so sorry that you have to be here. From my heart I feel so sorry for you.

STRATFORD: Investigators say 60-year-old Margaret Peggy Kostelnik was shot inside of her Ravenna Road home.

MAYOR DAVID ANDERSON, WILLOUGHBY, OHIO: Senseless, just totally senseless.

STRATFORD: Willoughby Mayor David Anderson says Peggy had been a city employee there for 27 years and most recently served as his assistant.

ANDERSON: She was a person that truly cared about the job she did and the people she served.

STRATFORD: A tragic loss that some think could have been prevented. Lake County Sheriff's deputies first stopped Razo this past July 7th for behaving suspiciously. Razo admitted to being in the U.S. illegally and was reported to border patrol but released.

UNIDENTIFIED MALE: And he had committed no crimes so he was not taken into any custody.

STRATFORD: A spokesperson for U.S. Customs and Border Protection responded to Fox 8 saying, quote, "We are looking into the facts of this case." But sadly, it comes too late for Razo's victims.

UNIDENTIFIED FEMALE: It's crazy. You don't ever think of anything like that ever happening to anybody around here.

(END VIDEOTAPE)

KAYE: Let's bring in HLN legal analyst, Joey Jackson. Joey -- this is really such a disturbing case. There is this group called HOLA, it's a Latino outreach organization in Ohio. And they say that his father was a U.S. citizen who worked in the fields for 40 years. They say he filed documents for his son. And Razo has been standing in line for his green card now for 12 years. Homeland Security, Joey, says that Razo also has no record. So HOLA says this is less about immigration and more about mental illness.

How do you see this playing out?

JOEY JACKSON, HLN LEGAL ANALYST: You know, Randi -- good afternoon to you. Always good to see you.

It's just a tragic set of circumstances. And the bigger problem is that we have a federal agency who's on notice and is aware of his status. And so at a minimum, you would certainly suspect that there would have been a further investigation.

Now, I know and I get and I understand that when he was initially stopped because, of course, they knew prior, a couple of weeks prior, that it was him, because he was stopped. There was a call about some suspicious activity, Randi, outside of a golf course. And as a result of that he was stopped, he was questioned. Immigration at that point was contacted and that was their opportunity, of course, to further evaluate him, if there was a mental health issue or some other issue as we know.

There are civil commitment laws if you pose a danger to yourself or others where you certainly could be taken off the street. And to the extent that you don't have and you are not documented and you are doing something otherwise untoward, inappropriate or illegal. There is a procedure for that. We know that wasn't followed.

And so, you know, now he'll fact the music. But the critical question is here, why? Why should a family have to lose a loved one because there is a policy or lack of a policy in place that provides for a lack of coordination between the state government and the federal government.

KAYE: Yes. And Joey, this case is similar to the illegal immigrant back in San Francisco who allegedly killed a woman on July 1st. However, San Francisco, we know, is one of these sanctuary cities where officials just refuse to honor federal requests to detain people who are in the country illegally.

But Lake County, Ohio where Razo is facing charges is not a sanctuary city. And he was still allowed to go free.

JACKSON: Yes, that's right. And you know, there are certain parallels I think between the case you mentioned Randi and San Francisco, the tragic murder happening on July 1st, and this case. Of course, the biggest parallel is that you have people who were here and, in fact, the government was on notice that there was an issue and the government had a responsibility to take action and did not take action.

Of course, that case in San Francisco is much more egregious to the extent that that individual had been arrested multiple times, had multiple felonies, was in the custody, in fact, of law enforcement. And, you know, when ICE was notified, Immigration and Custom Enforcement was notified, what happened was ultimately they issued a detainer and it wasn't honored.

So yes there are parallels but there are differences. But I think it points to the larger issue, and I'm mindful this is a legal segment, not a political one, but I think we are going to hear a lot moving forward as we approach 2016 and we're hearing it now in terms of what reforms need to be instituted to allow and appreciate the wonderful opportunities that we have for, you know, the immigrants here in this country and also the need to keep people safe here from those who are illegal and who mean harm to those who are otherwise minding their own business.

KAYE: Yes, absolutely. And that conversation seems to be well under way already.

Joey Jackson -- thank you. JACKSON: Thank you -- Randi.

KAYE: And coming up right now, this piece of debris on its way to a special lab in France where officials will be able to tell if it's part of missing flight MH-370.

Next, we'll take a look at the two pilots of that plane. Why they are getting closer scrutiny from investigators.

[11:24:55] Plus, brand new video revealed in the shooting death of an unarmed black man. A campus cop says he was dragged. Does the new video support that story?

(COMMERCIAL BREAK)

KAYE: Good morning, everyone. Thanks for joining me. I'm Randi Kaye in for Fredricka Whitfield.

We are following breaking news this morning. A state of emergency in California where 23 major wildfires are right now raging across the drought-stricken state. Tragically, one of them has claimed the life of a firefighter. 38-year-old David Ruhl of South Dakota lost his life battling the frog fire near Adin, California. He had been with the forest service for 14 years and leaves behind a wife and two children.

Ivan Cabrera joining me now from the CNN Weather Center in Atlanta. Ivan -- more hot, dry weather in the forecast still for California?

IVAN CABRERA, AMS METEOROLOGIST: Still for California. We are going to get a few breaks up to the overnight hours -- Randi. Good to see you. But unfortunately really no significant break in this.

We are working fires from north to south here. But it's the one north of San Francisco about 80 miles to the north of San Francisco that is the one that's causing concern. And the reason, well the drought. The four-year drought across California that's been ongoing over the last several years.

In fact almost half of California now under exceptional drought -- that's the highest category. It is a tinder box out there. So we talk about this particular fire-- 18,000 acres have burned, five percent containment. This thing blew up yesterday. It continues moving to the south and west. Mandatory evacuations underway. And as a result a state of emergency has been declared by the governor there.

Look at that. Update now: 601 structures -- 6,100 structures I should say, are threatened by this particular fire. Serious stuff here across the northern part of California. And yes, the weather is not going to help as we get through the afternoon. What's going to happen, the temperatures are going to go up and relative humidity is going to go down. Along with that the winds are going to get gusty.

Look at this -- highs in the upper 80s to lower 90s the next few days. That's going to continue here so we are not going to see a big break for firefighting efforts unfortunately. In fact temperatures staying into the mid-90s.

[11:30:03] Again the break happens at night. Temperatures go down into the 50s and 60s. The relative humidity goes up and that's the window there where they get some containment here But a 5 percent, it is going to take some time. The afternoon winds are going to be a problem over the next few days. No big breaks inside as I see it.

KAYE: All right. Some tough conditions there for sure. Ivan Cabrera, thank you.

American crash investigators and a team from Boeing are heading to France they will try to help solve the mystery that's captured the world's imagination, what happened to Malaysian Airlines Flight 370. Two U.S. official say American intelligence agencies think someone in the cockpit of Flight 370 deliberately moved the plane off course the night it vanished nearly 17 months ago. This new information is renewing the focus on the captain and the first officer.

Good night, Malaysian 370, the last words from the cockpit of the doomed flight, spoken by Captain Zarhia Ahmad Shaw. The captain was 53, married with three children. He and his wife lived in this gated community in the suburbs of Kuala Lumpur. He had been flying with Malaysia Airline for 33 years and was also reportedly a flight instructor. Zahari was so passionate about flying that he had a flight simulator at home. He posted it on YouTube and built it himself. Friends told CNN he built it so he could practice in case the unthinkable happened. Zahari who had more than 18,000 hours flying also gave tips on YouTube about tinkering with a refrigerator and air conditioner.

At Zahari's home, no suicide note was ever found by police to suggest he had ever planned to take MH-370 down. Nor did a preliminary review of his flight simulator hard drive turn up anything suspicious. Though some files were deleted in the month before the flight.

It did not appear to officials then that the pilot had tried to scrub his hard drive when he defeated files. The co-pilot, Farik Al Hamid's hard drive was also found not to be suspicious.

All right. So let's bring in our experts to talk about what happened on the flight deck. David Soucie is a CNN flight safety analyst. He's a former FAA accident investigator and author of White Planes Crash, and Jonathan Gilliam, he's a former federal air marshal and a former FBI special agent.

Jonathan, to you first on this. We don't know who was in the cockpit at the time of the plane when it lost contact or likely crashed, do we?

JONATHAN GILLIAM, FORMER FEDERAL AIR MARSHAL: No, we don't I mean, we do know though and I think a lot of us have been saying this from the very beginning that the things that occurred after the plane took off before it disappeared did not seem normal in a way that would be associated with a mechanical failure sometime. It really seemed as though somebody had deliberately tried to change something so that they could disappear and then alter their course. And I think this intelligence report that came up verifies the suspicions of that. I mean, it just makes a lot of sense when we look at it that way.

KAYE: But David, even if deliberate actions by humans were made as the U.S. Intelligence has determined, as Jonathan was referring to this doesn't mean that whoever did this was actually up to no good or looking to do harm? We don't know, right? What could have prompted these moves?

DAVID SOUCIE, CNN SAFETY ANALYST: Well, the report says that it is likely. That just means that more than 51 percent in the term of art as far as the intelligence community goes. So it is quite a jump to say they have some kind of conclusion that proofs that there was ill- intent of any kind.

And with regard to whether there was a mechanical failure indication before they went off course or before something happened, that never happens when there is a mechanical failure of some kind, it is a mechanical failure. So I think that's quite a jump of thinking there is something of ill intent in this report.

KAYE: So just to follow up on that, David, would all those turns after losing contact say it had to be someone that knew how to fly the plane and maybe had been trained to do so because of the specific waypoints and they crossed the Indonesian territory and headed south to the Indian ocean.

SOUCIE: It would sure look that way, yes. There are other explanations for that. One of which would be trying to avoid going over cities and try to avoid being detected. The waypoints are put in those places for specific reasons and that is to avoid and to limit the amount of exposure to people below. So when it was designed, that's how it was declined. To think that someone who doesn't know how to navigate or anything about that airplane would have done this in that route is a pretty far stretch as well.

[11:35:00] KAYE: So Jonathan, if you would, I mean, help us to understand if you can, I mean, take us behind the scenes of this U.S. Intel assessment. How do they come to a conclusion like this?

GILLIAM: We got to realize, when they put together a study like this they are not just looking at one particular thing. They are going to look at the totality of the circumstances and that's where I think this Intel report does lead to looking at something that's potentially nefarious. Again, we don't know absolutely for sure. When you look at the overall totality of the circumstances, what was going on in there, one or two of those things may not have led to investigators to perceive something nefarious but when you add a lot of those different things together, I think that's where the assumption of this possibility kind of comes into play.

I don't disagree with the other guest analysis but I do, when I look at this, from an investigator's standpoint, I'm not a pilot. But when I first started looking at all the different things that may have happened, one or two may not add up but all these different things that happen, it shows that somebody was in there making changes and that leaves investigators to start looking down that road and looking for that picture as they further the investigation. KAYE: And Jonathan, as a former air marshal, I mean, in terms of

security, what risks do you think planes are facing?

GILLIAM: Well, you know, I'll tell you it is very similar all around the world but more so when you get out of the United States. Because of the way that pilots are screened in the United States is not the same as it is outside of the United States. And I do want to mention one thing about this that nobody is talking about and it puzzles me. All these modern countries, if you take off in a plane and turn the transponder off and turn back to the country, the chances of them identifying that a plane is coming back is pretty high.

Once it goes over the country and it shows this plane actually made a maneuver to possibly come back towards the country, I'm just thinking the possibility that the military knew that it was there is pretty high. The potential that this plane was actually shot at or shot down and we're not being told about that, I think that's something we all need to look at a little bit.

KAYE: David, you want a final word on that?

SOUCIE: No. What I would rather do is just compliment the air marshal program how well it did a great job it is doing. But on that yes, still the question is why everything has to be looked at and looked at seriously in every angle.

KAYE: All right. David Soucie, Jonathan Gilliam, thank you both very much.

SOUCIE: Thank you.

KAYE: Coming up, new video of that Cincinnati campus police officer involved in the fatal shooting of an unarmed Black man. This video from a previous stop which turns contentious fast. That is next.

[11:40:00] (COMMERCIAL BREAK)

KAYE: Just in to CNN, the plane wreckage that could belong to missing Flight 370 has just arrived in a laboratory in Toulouse, France. Investigators say they can quickly identify what aircraft it came from. They will start that testing on Wednesday we are told of this week. A live report outside the lab just minutes away.

A peaceful rally turned into a demonstration overnight in Cincinnati. The night started with speeches and candles lit in honor of Samuel DuBose, the driver shot and killed by ex-university Cincinnati Sam Tensing. At least five were put in handcuffs and police car. We have seen the incident where DuBose was shot and killed. That has been at the center of the story and what eventually led to charges being filed against Tensing now coming to light, video of another contentious traffic stop involving Officer Tensing.

Last May, he pulled over two Black men who felt they weren't being treated fairly. Listen to the extreme that he had with passenger Demetrius Pace.

(BEGIN VIDEOTAPE)

SAMUEL TENSING: I need your name and date of birth.

UNIDENTIFIED MALE: Demetrius.

TENSING: I need your date of birth. I'm not giving you that. If you refuse to identify yourself, we have a charge?

UNIDENTIFIED MALE: What's your charge. I just told you my name. Why are you interrupting me?

TENSING: I'm not. Step out of the car.

UNIDENTIFIED MALE: What am I stepping out for?

TENSING: Because I asked you to. Please identify yourself. We're asking for your supervisor. It doesn't matter.

UNIDENTIFIED MALE: Are we free to go? Can you write the ticket so we can go?

TENSING: You are not free to go right now?

UNIDENTIFIED MALE: What are we doing then?

TENSING: You are being detained right now. You wanted the supervisor. It don't matter.

(END VIDEOTAPE)

KAYE: Let's talk more about this case with Cheryl Dorsey. She is a retired Los Angeles Police Department Sergeant and HLN Legal Analyst, Joey Jackson. Cheryl, first of all, what do you see on that video? What do you make of the officer's conduct there?

CHERYL DORSEY, RETIRED LAPD POLICE SERGEANT: Well, Randi, what I see is an officer who is drunk with power. I see an officer who violated policy and procedure during that traffic stop and he lived to offend again in the case of Sam DuBose. When we see incident that make national news, I am always of the belief that this is not the first time this officer has conducted himself in an outrageous and egregious manner. That's what we have here. He has no authority to do the things what he is doing, yet, he continues.

KAYE: And Joey, when it comes to the death of Sam DuBose, the other video that we have seen, if this officer wanted to hire you to defend him, does he have an argument that he was dragged by DuBose's car.

JOEY JACKSON, HLN LEGAL ANALYST: And obviously as a defense attorney we try to make arguments every day. So let's talk about what the defense will focus on. I see this very much of what we call as a mitigation case, Randi. And what I mean by that there are some cases, you are going to court and you have a shot of winning and you prepare accordingly. And there are other cases where it doesn't appear you are going to win but you can mitigate and lessen the damage. I think what the attorneys will focus on for him is the fact that case law relating to police officers clearly says that they have split seconds to make decisions and sometimes those decisions are fatal and sometimes they are awful and other times they exercise bad judgment.

[11:45:00] I think what they will attempt to do is knock out the murder charge. That carries 15 to life. Manslaughter, more like sudden passion, heat of quarrel, even anger that gets you to 3-11 years, which is a win. There's no question, that procedure, protocol, so many things went wrong. So many escalated so quickly. If you say, he was justified, he shot. He feared for his life. He was really being dragged, run it over by the car, even though we don't see it, it is disingenuous. There was protocol that may not have been followed. He had to make a split-second decision. His judgment was off. It was bad. Perhaps a sudden, quarrel, heat of passion. It preserves his life. He is 25 years old.

KAYE: So Cheryl, there has to be a reason that some traffic stops go right and some don't. It doesn't end the way that Samuel DuBose's traffic stop ended.

DORSEY: Since we're common, Randi, everyone would have it. We understand as police officers that people are not going to be happy with the service we provide. You are not required to like a citation that I'm taking you to jail. If a suspect, driver, alleged perpetrator, tries to drive off, you have their identification and their license plate, hopefully, you have already radioed in your location and stop. You get them another time. They live. You live.

To say that I'm scared of every Black person behind the wheel of a car and, therefore, I get to use deadly force is unacceptable. This officer had an affirmative responsibility to ask for backup and deescalate the situation. There was no reason to want to have Mr. DuBose get out of the car other than this officer wanted to show him that I am the authority and I am going to compel you just because I'm in uniform. You don't get to do that.

KAYE: Joey, let's talk about the charges. They were filed very, very quickly. Was it the proper charge, do you think?

JACKSON: Sure. What happens, Randi, the prosecutor has the opportunity to do what they believe is without a reasonable doubt. If he this is it was a purposeful killing. If you think you can sustain that, charge it and bring it before the grand jury.

In Ohio, there are 15 members of the grand jury, 12 of which have to vote to indict. The standard is, is there reasonable cause to believe a crime was committed and he committed it. That's a far cry from a trial jury where it is beyond a reasonable doubt. I think the charges are appropriate. Whether that charge of murder will stick with the jury is going to be up to how it is interpreted by them in terms of this officer's actions and the reasonableness or unreasonableness of them.

KAYE: All right. Thank you, both. Joey Jackson and Cheryl Dorsey, good to see you.

JACKSON: Thank you, Randi. Thank you.

KAYE: Ahead, members of Osama Bin Laden's family killed in a plane crash. That story next. Plus Zimbabwe wants the American dentist extradited for killing one of the most treasured lions. Will it happen? They have to find that dentist first.

[11:50:00] (COMMERCIAL BREAK)

KAYE: Checking top stories now. A firefighter has died battling one of almost two dozen wildfires raging in drought-stricken California. David Ruhl of South Dakota died fighting the frog fire near Adin. He was 38 and leaves behind a wife and two children. Governor Jerry Brown has declared a state of emergency in his state saying California is so dry it is a tinder box.

A delta flight preparing to land at New York's JFK on Friday had a dangerously close call with a drone. It was just 100 feet away. The tower alerted other flights to use caution when landing. All flights landed safely when the FAA is investigating that incident.

As Ronda Rousey competes in the UFC 190, she will be dedicating the fight to the man that inspired her nickname, professional legend "Rowdy" Roddy Piper. He passed away yesterday at the age of 61. Several years ago she got permission from piper to use his name. He started wrestling in Canada at 15 years old and entered the ring wearing bag pipes which got him the name rowdy piper.

Several relatives of Osama Bin Laden have been killed in a plane. Three passengers and the pilot were killed.

Let's bring in Phil Black from London with the latest. What do you know about who was involved and who was on board this plane?

PHIL BLACK, CNN CORRESPONDENT: Well, Randi, we are aware of the Bin Laden connection because of the Saudi ambassador's statement as well as confirming there were three passengers and a pilot. He expressed his condolences to the family of the late Mohammed Bin Laden, who is and was Osama Bin Laden's father. So we know at least some of these passengers were related to Osama Bin Laden. We don't know precisely who. His family is very large.

Mohammed Bin Laden was a billionaire construction magnet, had many children by many wives. To illustrate that point, Osama Bin Laden was the 17th of some 52 children that he had been those various wives. A large pool of people that this falls on if you like. We do know, as we say, from the Saudi ambassador to us, in some way, these passengers were related to Osama Bin Laden.

KAYE: And I think you did mention you know who it was registered to. I am looking at the pictures of this fiery crash. I'm assuming it is too early to tell what happened.

[11:55:00] BLACK: It is sketchy but it appears this particular aircraft is a Brazilian manufactured one. A jet was coming into land at the Black Bush airport. This is west of London when something went wrong. It seemed to have come down short of the runway itself. It has crashed into it just next to that airport. That impact is what has caused the fire and explosion from the scene to show it. Because this crash took place in Britain, it is being investigated by British authorities and they have started that process. It was registered to Saudi Arabia. Saudi officials will be taking over the investigation.

KAYE: All right. Phil Black, thank you very much for the update. Meanwhile just a chilling message from the new leader of the Taliban. Hear what he wants to do in Afghanistan. Plus, Donald Trump says, Vladimir Putin would respect him as president. He doesn't stop there. CNN catches up with Trump as the billionaire preps for next week's big debate.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Russia, you mentioned Russia yesterday, how you are going to make friends with Putin?

DONALD TRUMP, PRESIDENTIAL CANDIDATE: No, I don't say Putin has no respect for President Obama. He will respect me, that, I tell you.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

KAYE: Hello everyone. Thanks for joining me. I'm Randi Kaye in for Fredericka Whitfield. For the breaking news out of France. Plane debris washed ashore in a remote island in the Indian ocean, has just arrived at a state of the art lab outside Toulouse. The debris is thought to be a piece of a plane wing. Officials are confident that it is from a Boeing 777 and maybe part of the long missing Malaysian 370.