Republican Missouri Lt. Gov. Peter Kinder spoke to Shepard Smith tonight about Democratic Missouri Gov. Jay Nixon’s statement that “vigorous prosecution” must be pursued in the shooting death of Michael Brown.

Kinder said that the statement "does prejudge the case," and said it is wrong.

Smith asked him if it’s too soon for a grand jury to be meeting in this moment.

Gov. Nixon Calls For 'Vigorous Prosecution' in Brown Shooting

While Kinder said he might have an opinion on it, he told Smith, “It’s not going to be my call, so I’m not going to opine on it.”

“The heated rhetoric about demanding an indictment, about demanding a vigorous prosecution is frankly disgraceful. It is not helpful. I am not gonna make that decision. Gov. Nixon is not gonna make that decision. The prosecutor is in place, the people have elected him to do that. He is proceeding to take it to a grand jury in the proper legal process.”

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