<P> The brothers' father, speaking from his home in Makhachkala, Dagestan, encouraged his son to: "Give up . Give up . You have a bright future ahead of you . Come home to Russia ." He continued, "If they killed him, then all hell would break loose ." On television, Dzhokhar's uncle from Montgomery Village, Maryland, pleaded with him to turn himself in . </P> <P> On the evening of April 19, two hours after the shelter - in - place order had been lifted, a Watertown resident outside the search area noticed that the tarp of his parked boat was loose, then saw a body lying inside in a pool of blood . Authorities surrounded the boat and verified movement through a thermal imaging device in a police helicopter . When the person inside started poking at the tarp, police shot at the boat . </P> <P> According to Boston Police Commissioner Ed Davis and Watertown Police Chief Deveau, Tsarnaev was shooting from inside the boat at police, "exchanging fire for an hour", but was found to have no weapon when he was captured . He was arrested at 8: 42 p.m. and taken to Beth Israel Deaconess Medical Center, where he was listed in critical condition with gunshot wounds to the head, neck, legs and hand . Initial reports that the neck wound represented a suicide attempt were contradicted by the fact that he was unarmed . </P> <P> United States Senators Kelly Ayotte, Saxby Chambliss, Lindsey Graham, and John McCain, and Representative Peter T. King, suggested that Dzhokhar Tsarnaev, a U.S. citizen, should be tried as an unlawful enemy combatant rather than as a criminal, potentially preventing him from obtaining legal counsel . Other sources, including Alan Dershowitz, a prominent American legal scholar and lawyer, said that doing so would be illegal and would jeopardize the prosecution . The government decided to try Dzhokhar in the federal criminal court system and not as an enemy combatant . </P>

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