Top Story with Tom Llamas - Friday, January 3, 2025

Episode Date: January 4, 2025

Tonight's Top Story has the latest breaking news, political headlines, news from overseas and the best NBC News reporting from across the country and around the world.

Hey, good evening. I'm Tom Yamas. We are coming on the air with breaking news in that deadly Tesla cyber truck explosion in Las Vegas. Police revealing messages pointing to a possible motive and what could have led a decorated U.S. Army soldier to orchestrate the terrifying blast. The explosion, you see it here happening on New Year's Day just outside of the Trump International Hotel. Now saying they have positively identified Matthew Allen Lipsberger, a Colorado Springs resident, and an active-duty service member. Late today, we learned he fatally shot himself inside the rental truck just before the blast. Investigators also revealing this burnt phone is a key piece of evidence. Inside of it, a, quote, diary of activity, which includes writings criticizing the government.

In a moment, you'll hear more about those entries. And these new images showing what was discovered inside the mangled and charred truck. Officials saying they were able to identify Lizzlberger using DNA and what was found in his wallet, as well as his army ID and passport. Police also releasing this new video of the suspect at a Tesla charging station. That was how they were able to track down his movements. And after much speculation, the FBI saying there is no reason to believe the New Orleans terror attack and the Vegas explosion have anything to do with each other. We've identified no telephonic or email communication between the subjects. No information that suggests that they knew each other, that they ever served in the same unit, that they were ever assigned at the same place, at the same time, and had interaction, and no witness interviews have corroborated or provided any information that the two events are connected in any way.

NBC's Morgan Chesky is in Las Vegas and starts us off with the very latest. Tonight, the motive and final days of Matthew Littlesberger coming into sharper focus. It ultimately appears to be a tragic case of suicide involving a heavily decorated combat veteran who is struggling with PTSD and other issues. Authorities laying out an extensive forensic accounting of the scene, explaining how they found his wallet and IDs charred but preserved under debris, displaying notes from his burned up phone, saying the Army Master Sergeant did not have any grudge against Donald Trump, but with the state of the country. He says fellow service members, veterans and all Americans, time to wait. up. We are being led by weak and fecalist leadership who only serve to enrich themselves. Authorities confirming through DNA and matching tattoos, the 37-year-old was the one inside the Tesla cyber truck when it exploded, which they believe happened at the same time he shot himself.

They also shared new images of Livelsberger at a Tesla charging station. Adding data shows the car was not in self-driving mode. With questions mounting over the timing, the FBI stressing there is no known connection between Livelsberger, the New Orleans. Orland suspect or any other terrorist organization. Meanwhile, a former girlfriend telling NBC News, she received this video from the Green Beret inside what appears to be the rented cyber truck just days before the explosion. Alicia Air at telling NBC News the communication began with a text last week, telling her he rented the cyber truck.

I was surprised, especially when I knew he was already married and I thought he was happy. Ericheng, the two dated for several years, bonding over a lot of love of the outdoors, describing him as respectful, driven, and playful. He was so funny. That was what caught me and drove me in. And it was just like instant chemistry with us. The messages continued at 9 a.m. Tuesday. Livelisberger texting, I rented a Tesla cyber truck. It's the expletive, followed minutes later by, I feel like Batman or Halo. The messaging, including the video inside the truck, continuing till New Year's Eve, when Arred says he went quiet. She found out about the bombing when she says she was contacted by the FBI.

I don't know what drove him to it. I've just been rolling it around in my head for two days. Arit says Littelsberger was never violent towards her, but often complained of extreme pain following multiple back surgeries, among other issues. He would have headaches. He had some memory loss and trouble concentrating. I know he had some. some trouble. Military record show Levelsburger won many commendations, but was never awarded a Purple Heart. He did, however, serve on multiple deployments, including Afghanistan in 2017, 2018, and 2019. Today in Las Vegas, investigators say, as they search for a potential motive, the decorated veteran ended with this. I need to cleanse my mind of the brothers I've lost and relieve myself of the burden of the lives I took.

And with that, Morgan Chesky joins us live tonight from Las Vegas. All right, Morgan, there's been a lot of conversations, right, about Lipselberger's medical history in the military. You mentioned in your piece, he never received a purple heart, right? And I understand we're learning more tonight about those medical records. Yeah, Tom, we are. In fact, two U.S. government officials tell NBC news that according to records, Livelsberger had seen a doctor at least three times for depression

between the months of August and this past December. On top of that, the DOD has now turned over all of his military medical records to investigators, adding that they cannot state if he was, in fact, diagnosed with depression or ever showed any signs of suicide. Tom. And Morgan, before you go, I do want to make it very clear to our viewers because the FBI wanted to make this point clear as well. There has been no connection so far between the Las Vegas explosion and what happened in New Orleans, correct? Yeah, no connection whatsoever. They also say that there is no connection whatsoever to this attack of being politically motivated, stating that in his notes, as we mentioned, that he had no problem with Donald Trump, the president-elect, but just a problem with the state of the country. Tom.

Okay, Morgan Chesky for us tonight. Morgan, we appreciate that. For more insight into these new clues revealed today by investigators, I want to bring in Jim Kavanaugh, the retired special agent in charge at the ATF and an NBC News law enforcement analyst. Jim, we thank you for being here tonight. to take a wide look at this, right? Because what we saw today, we usually don't see, right? Investigators went point by point explaining how they were able to identify this man, his medical history, his military history. Essentially, they were trying to put out all the fires out there being put and being ignited by conspiracy theorists. Is that your take? Yes, and a good job by the commanders, Tom, to do that, because they shouldn't leave the questions lingering for the Las Vegas community or America.

I mean, I think they put it out just right. Here's a decorated combat veteran. I mean, four bronze stars, one with Valor, Green Beret. Maybe he didn't have a purple heart, but I'm going to tell you, with all that deployment time, he was around a lot of artillery, tank shooting, high caliber weapons, 50s, 30s, you know, grenades, every other ordinance that goes off, charges, mines. I mean, this guy's been in the zone and all that affects you. And plus he's had

buddies killed and he's killed. So, you know, we don't pin a purple heart on his chest because he wasn't bleeding, but don't think that doesn't take a toll on you personally in your mind. And he was being treated by a doctor and he had some depression, but in the end we have is a spectacular suicide. And the reason the bomb wasn't bigger was because he didn't need it to be. He just needed the visual effects. We always call this in ATF, we call these Hollywood bombs. You know what stunt guys will set off in the movies while the heroes run away and all the

explosions are behind him, you know, and you see all the fire. With real bombs, you don't see that much fire. Most explosives, there's no fire at all, and in military explosives, maybe just a millisecond of fire. You don't see these big flame fronts. That comes from gasoline or a flammable liquid that's put there to enhance that effect, and they do that for the camera. This guy did it for effect, and he had the cyber truck and the place from that Trump Hotel for effect, because what he wanted was he wanted everybody to see it.

He wanted everybody to see it. No, this is the way I'm going out, and I don't think he planned on mass murder. I mean, the Las Vegas strip at 8 o'clock on New Year's Day, there's nobody there. So he wasn't planning a mass part. Yeah, Jim, with your experience in the ATF, all the digital clues they pulled out, all the evidence they pulled out of the cyber truck that they showed to the public today. Talk to me about what stands out for you. Well, I think that it was probably fused, a non-electric fused bomb. That's what I think, probably a military M-81 igniter.

It has like a hand grenade ring. This is my analysis of it. I think we probably pulled it. It lit the firing train, and then he shot himself. And that would cause, you'll see it the first shots of the smoke's coming out of the wheels and the interiors catching on fire from the fuse. And that's what I think, some event like that.

Then it went back to the mortars and the flammables and went off. He had his ID and his passport with him. Of course, he was stationed in Germany and lived in Colorado Springs. So he has his IDs with him. He has this stuff on his phone. He's calling his ex-girlfriend on the ride.

It all strikes a suicide. And the case that comes close is a few years back in Nashville, a guy went down to the Entertainment District at 6 a.m. on Christmas Day morning. Well, there's no one there. Right. And he blew himself up for a spectacular suicide. It's very kin to that. It's not ISIS, not connected to the other one.

It's just an American tragedy for one of our veterans. Jim Kavanaugh for us tonight, Jim, we want to thank you for your analysis. We do want to turn now to that other major news we've been following all week, of course, the Bourbon Street attack. The street officially reopening last night after that deadly terrorist attack that killed 14 people on New Year's Day. While many visitors are back on the busy streets of the French Quarter, concerns remain over the safety and security of the popular tourist destination. NBC's Jesse Kirsch is there tonight for us. Even though Bourbon Street is now open and buzzing, tonight some people are not ready to return to New Orleans' most famous strip.

Just thinking about the crowds that are going to be coming in for the Super Bowl, Mardi Gras, I'm scared. After Wednesday morning's attack, Jada Songi quit her job as a bartender on Bourbon Street, where she worked for five years. When you saw what the security situation was like on this block last night, what It was baffled. I don't think I can say anything else. It just doesn't make any sense. Concern for some about safety, even after the city says it has beefed up security. Just hours after Bourbon Street reopened yesterday, we were there. Around 9 p.m. local time, hundreds of people were in and around the bars. And as we looked across Bourbon Street's intersections, while some entrances were fortified with vehicles, at least two different side roads leading to Bourbon Street that we saw had no heavy-duty barricades.

Now, this is one of the safest places on earth. Even as the city and Louisiana's governor keep promising safety. New Orleans PD says it has resumed normal police operations and that to protect the integrity of our security efforts, we won't be sharing specific details about operational plans. But new questions tonight about why Bourbon Street was not safe Wednesday morning. NBC News has obtained excerpts from a 2019 corporate intelligence report warning Bourbon Street's barrier system does not appear to work. is rarely used. Excerpts of the report reviewed by NBC News also warn on Bourbon Street,

the two modes of terror attack most likely to be used are vehicle ramming and active shooting. The report is more than five years old, but Bourbon Street's barrier repairs were still unfinished this week when what the FBI says was an ISIS-inspired terrorist killed 14 people. New Orleans police also facing new questions about why these barriers now on Bourbon Street were not there on New Year's. I didn't know about them, but we have them. And so we have been able now to put them out. The manufacturer of these archer barriers tells NBC News,

the city of New Orleans bought the protective equipment in 2017. They're 700 pounds made of steel and designed to stop a car ramming attack. And as the public safety debate continues, so does the investigation into Shamsher Dindjabar. The FBI confirming it was at his Houston residence again today. This video showing a car towed away from the scene. NBC's Houston affiliate KPRC obtaining this video from inside the home, where two senior law enforcement officials tell NBC news, the FBI found a significant amount of bomb-making materials and chemicals.

We're just as puzzling as the rest of the world. KPRC also obtaining this interview with Jabar's brother, who says he and his father were interviewed yesterday by the FBI. Were there any red flags leading up to the months, weeks, or days before this happened? No, not that I know, you know, not that he shared with anybody. Yeah, Tom, several law enforcement agencies are warning that ISIS supporters online are celebrating the deadly attack that took place on this street. And that is more of these vehicle attacks occur. They are being highlighted more frequently in terrorist propaganda.

Tom. All right, Jesse Kirsch for us tonight. Jesse, we thank you. As the FBI tries to uncover exactly who this attacker was and who he could have been in communication with, We have new details tonight about the type of explosive materials he used. Joining me now is NBC's Law Enforcement Intelligence Correspondent, Tom Winter, for more on this. So, Tom, I think it's important that we sort of slow walk the audience through this, right? Because there was stuff in those pipe bombs, in the IEDs that is very rare.

Talk to me about your new reporting. Right, Tom. So what they found in and around Bourbon Street were galvanized pipes with N caps. This is something that is seen throughout terrorist propaganda. Inside of that, it is coated with nails. But there has to be an actual explosive in the center of that pipe. And in the center of that pipe, we are told

that it is a very rare explosive, not ever seen in a U.S. terror attack or in a European terror attack seen just a little bit in the Middle East. It does have some traces back to some explosives that go all the way back to the early 1900s. So this is very rare.

And there's a real question as to how he was aware of this type of explosive and how we put it together. But the FBI, Tom, still says this investigation is ongoing, and they have been saying that they believe he acted alone so far. At least that's what they've found. Yeah, they're going to have to kind of figure out where he did get that explosive materials and how he learned about them. Talk to us about what else they found in his home, because we're seeing those new images from his Houston home, and there seems to be all types of devices and things all over his house. Not only that, Tom, but we have late-breaking information

tonight from New Orleans that they also found bomb-making materials at that Airbnb that he set on fire. The Texas home that we're looking at right now apparently found several different items there, including chemicals and substances and remnants of bomb-making materials and also bomb-making components that were there, where he may have assembled some of this. And today they took away a car from that residence that is believed to belong to him for further examination. They'll look at that at the FBI Houston Field Office. So more details I'm sure to come tonight, Tom, but also they found inside that truck a trigger, a remote detonator that would have set off those two IEDs. Okay, Tom Winter, with a lot of new reporting there for us. Tom, we thank you for being

on top story tonight. We want to continue our coverage now from what's happening there on Bourbon Street. And tonight we're learning more about the victims of the horrific attack, the 14 people who were killed and those who survived, now recovering from their injuries. Goddy Schwartz speaks to one woman who made it out alive and the relative of another whose life was taken far too soon. When the gunshots rang out New Year's morning on Bourbon Street, Alexis Scott Wyndham was there. She had just been hit by the speeding truck, then hit by gunfire. I tried to run, but I couldn't. That's when I noticed something was wrong with my foot. I thought it was just a broken bone or something. But it wasn't. My feet had started leaking.

But as I'm getting up, I'm seeing the dead bodies on the side of me. So it was like one on this. side. It's like one on this side. It's one man on this side. I'm like, Jesus, Jesus, please just let me make it home. Now back home in Alabama, she remembers that in the chaos, her friend called her mother. So somebody called your mom and she said, you got to make a turnicet out of your sock? Yes. I mean, it sounds like your mom was trying to save you from from afar. Yes. She already knew to call my mom. So I was like, calm down, stop the bleeding Because I was bleeding a lot. You know, yesterday, they tied it tight.

Among the dozens of people hurt. Tonight, she's one of the lucky ones. Already released from the hospital. She's thankful for the stranger that picked her up and rushed her to the emergency room. And you still don't know his name? I still don't. I've been trying to find out who he was.

While along Bourbon Street, candles for victims like New Orleans' native son, Terry Kennedy. His nephew says he would often bring a broom here and help keep the sidewalks clean. Is there a memory that it's a memory that's... sticks out to you. It's just like we seen them yesterday? Yeah, I'm always remembered because I've seen them New Year's Eve and the last words

I told him was, we told each other we'll see each other later and I guess this is my leader. A community morning 14 souls lost. Their lives cut short celebrating the dawn of a new year. Tom, tomorrow will be a day of morning here in New Orleans. There are vigils. There are memorials scheduled throughout. this city and here as we hear some of the sounds of those second lines, those big brass bands, down Bourbon Street, among the names written on the walls, the words, terror didn't win.

Tom, back to you. Gotti Schwarz for us again on Bourbon Street tonight. Gotti, we thank you for that. We want to turn to politics now in the major update in President-elect Trump's hush-money case. Judge Mershan denied Trump's bid to dismiss the case in ordering his sentencing for January 10th, just 10 days before his inauguration. Mershan's ruling indicates that he will spare him of any jail time. The president-elect can choose to appear in person or virtually.

Trump's spokesman, Steve Chung, saying the sentencing should be dismissed, claiming that it is a direct violation of the Supreme Court's immunity decision. Okay, we do want to head to Capitol Hill now. Republican Mike Johnson re-elected House Speaker after a dramatic scene on the floor and a major vote reversal for two GOP holdouts. Johnson securing the position with the support, of course, of President-elect Trump ahead of a Republican trifecta in government. NBC's Julie Turkin joins us tonight from the Capitol.

So Julie, Speaker Johnson got the votes, but it wasn't exactly easy. How did he get to the finish line and secure his position of Speaker? He got there with the help of Donald Trump, and that is not my assessment of the situation, Tom. It is what Speaker Mike Johnson told me minutes ago after he left the floor, after this whole process ended today, he said that Trump's voice is a big one, and he was certainly humbled and honored to have. have Trump weigh in on his behalf. We know that there are multiple phone calls placed from Trump while he was golfing to some of those holdouts. Three of them as the day started out, dwindling down, of course, to one Thomas Massey of Kentucky who went into this vote saying there's no way he would

ever be a vote for Johnson. But at the end of the day, what eventually got him over the finish line here is not the promises specifically that he made to these members. It is that these members spoke to Trump, spoke to his allies, and said that they want to make sure they get his finish line across the finish line over the next two years, get all of his priorities done. And for that, of course, they need somebody in the speaker's chair, and that is Johnson. The thing is, though, what today illustrated for us over the next two years that we're going to keep seeing is that Johnson has an extremely fragile majority. Today might be the easiest thing that he does over the next two years. They have an ambitious agenda. They have immigration bills,

border security that they want to get done within the first 100 days of Trump's term. They also want to cut taxes. They want to cut the deficit. or suspend the debt ceiling altogether. All of these things Johnson will need to have a unified Republican majority in the House. He can only spare two to three votes. In the words of one House Republican, if one of them gets the flu, Tom,

that means that they will hand over power to Democrats. So certainly he has a tight rope to walk over the next two years. Johnson telling me, though, he's 100% confident that he'll keep the gavel over this time. Tom. And then, Julie, just remind our viewers, right?

The president comes in with some real momentum, right? having won the election, but also now his man as the House Speaker, the Senate, and the Supreme Court is independent, right? But there's a majority of the justices who are conservative. Talk to us about the next four years or at least the next two years for President-elect Trump. Republicans are not interested, Tom, in working with Democrats, especially over these next two years, because they do have this mandate. Quite frankly, Trump told members, I'm told on the phone today that this trifective that they have, they haven't had in years. and it is why you saw this vote go down as it did today. Just one ballot instead of the 15 that we saw for Kevin McCarthy,

Trump ending up muscling over those holdouts. And they told me they acknowledged after this vote today that they just want to make sure that they get real change in Washington. Now, as we talked about Tom, the majority and the margins are so razor thin. Johnson is going to need Democrats to get a lot of this stuff passed. We'll see if they go for it. And more importantly, if Republicans keep Johnson in power, if and when he has to work with Democrats.

Julie, Sirk, and great reporting, as always, from Capitol Hill. Julie, we thank you for that. We do want to talk about the forecast now, right, in some extreme weather out there, millions bracing for a massive winter storm system that's coming this weekend. Snow, ice, and bitter cold, slamming the south and Midwest, up to a foot of snow set to fall in some places. The storm then making its way to the East Coast on Monday. For more on this winter weather, I'm joined tonight by NBC News meteorologist Bill Karen. So, Bill, walk us through the next few days. Yeah, a powerful storm the next three days time. I mean, we could get tornadoes, we could have severe wind damage, we get sleet, freezing rain, power outages, and heavy snow. And these are in areas that don't get a ton of snow either. This isn't like the northern half of the country. This is going right through the heartland from Kansas City to St. Louis, Indianapolis, all the way eventually to the Mid-Atlantic, and it's going to take three days to do it. It's going to start as we go through Saturday afternoon, and it won't end until about Monday evening. So here we are. The blue shows you the snow, the ice, and there's going to be a lot of it, is going to be shown in the

So Kansas is going to be a mess late Saturday. Overnight Saturday to Sunday, Missouri is a mess. St. Louis, you go from ice over to snow. So it's going to be a crunchy, very difficult to plow, very difficult to shovel, too. And then this mess on Sunday is going to be right over Kentucky. Kentucky is going to be one of the hardest hits states. I'm worried about power outages from the freezing rain. And then on Monday, this is right over our nation's capital, Baltimore,

Washington, D.C., Fredericksburg, Richmond, all could have problems with a mixture of snow, freezing rain and sleet. As far as snow totals from Kansas City to St. Louis northwards of I-70, up to six to 12 inches of snow. Washington, D.C. Tom, right now looks to be about four to eight inches. And the big concern, the power outages from freezing rain in areas near the Ohio River Valley. A messy storm. And by far, Tom, the most impactful storm we've had so far this winter. Yeah, I know we'll be talking on Monday for sure.

Okay, Bill Cairns, we thank you for that. Still ahead tonight, the U.S. Olympic track star arrested in Miami Beach. Did you hear about this? The startling video of the violent crime. confrontation between police and Olympic sprinter Fred Curley. What led officers to tase and wrestle him to the ground. Plus, JetBlue hit with a first-of-its-kind penalty for repeated flight delays the passengers who could get a cut of that $2 million fine. And check your fridge. The broccoli sold at Walmart now recall due to a possible Listeria contamination. Stay with us.

back now with a dramatic arrest in Miami Beach, Olympic sprinter and two-time medalist Fred Curley charged with police battery after a confrontation with officers. The incident captured on body cam video, which we want to warn viewers is disturbing. Here it is the video showing Curley being tackled by officers and then he's eventually hit with a stun gun. You see that right there. For more details on the arrest, I want to bring in Marissa Parra. Marissa, walk us through what happened. Do we know why Curley initially approached officers. Hey, Tom, so we're learning new details and a lot of this entering around that police body cam footage that you were just looking at on your screen

there. What we do know is it happened around 11 p.m. on South Beach last night. It started with an exchange of words. This is also according to the arrest report that centered on his parked vehicle. He was speaking to officers before he was wrestled to the ground and struck last night, had a stun gun used on him. But you could see in that body camera footage, what you can see, which isn't, of course, everything that led up to that exchange of words. But here you can see and you can hear some of those moments, the violent moments that happened when everyone took to the ground.

At one point, a police officer asked the Olympian to stop resisting before saying later, quote, I'm going to tase him. At this point, Tom, Bond has not been set for most of these charges so far yet, Tom. Yeah, walk us through again. Remind me, what are the charges that he's facing in connection to this? Yeah, and this might get a little confusing. So the charges that we saw last night, initially battery to a police officer. I'm reading these off.

That is a felony. Resisting an officer without violence to his person and disorderly conduct slash breach of peace. But there were some new charges added today. You might have seen this, strong armed robbery and domestic battery by strangulation. But his lawyer, who I just spoke to in the last half hour, says those charges are unrelated to this incident last night. Those stem from an alleged incident earlier last year. Curley is still in custody as we speak remains in custody because of those new charges in that arrest affidavit, Tom, waiting a bond hearing tomorrow morning. That's strange that the case was last year considering that he competed in the Olympic trials and then was in Paris as well.

Have we heard anything from Curley or his lawyers as far as are they going to fight this and what goes on from here? Yes, a great question. So just to recap, for those. who don't know, you mentioned. This is an Olympian. He won bronze in the men's 100 meter dash in the most recent Olympics. And this is something that, of course, his attorney mentioned in court today. It was a heated court hearing. And we have a statement in part. He called this an overuse of force in court today. And he said in this statement, quote, it just goes to show that matter how hard you work, how many medals you earn for your country and how many people across the globe you inspire in Miami Beach. Mr. Curley was treated like millions of African Americans, male and

female around the country with a lack of humanity, compassion, or respect. We are also hearing from the police union for the local police. And they did say in part that Curley, quote, had an opportunity to comply and decided to violently resist. So certainly we're something we're going to be staying on top of Tom. As we sift through all the details, we know that there is a bond hearing tomorrow morning. And as I mentioned, I did speak to his lawyer. And his lawyer says he does expect him to be released tomorrow. But clearly something that's just getting started, Tom. Yeah, a very high-profile Olympian there. Okay, Marissa Paro, we thank you for that. When we come back, the scare at a hotel in downtown Atlanta, two children found unresponsive while

sleeping, leading to concerns over a carbon monoxide leak, what we're learning tonight. Okay, we are back now with Top Stories News Feed. We start with terrifying moments in downtown Atlanta, a hotel forced to evacuate after a carbon monoxide leak. Emergency crews were called to the residence in after two children at the hotel could not be woken up. At least five people were rushed to the hospital for treatment. Officials are working to figure out what caused that gas leak. JetBlue airline slapped with a $2 million fine for a pattern of flight delays, a DOT investigation finding that four East Coast routes were chronically delayed between June 2022 and November 2023.

Half of the fine will be used to compensate passengers who were impacted. The airline saying the government should do more to improve air traffic control systems, the penalty marks the first time the department has held an airline responsible for delays. Walmart issuing a recall for broccoli over Listeria concerns. The recall is for washed and ready to eat bags of market-side broccoli florets from the brand Braga Fresh, which is sold in stores across. across 20 states. The company saying samples from a random test at a store in Texas tested positive for the bacteria. All affected produce has a best by date of December 10th, 2024. And the woman

convicted of killing Mexican-American singer Selena, filing for parole 30 years after the murder. Yolanda Saldivar is currently serving a life sentence for first-degree murder after she fatally sought the Latin pop singer at a motel in Texas back in 1995. It happened after Saldivar was fired from being the manager of the singer's clothing boutiques and fan club following accusations that she embezzled money. Her parole will be reviewed on March 30th. Okay, now to the concerns over the latest wave of violence on New York City subway.

Riders shaken by a series of attacks on trains, cars, and on station platforms in recent weeks, including a sleeping woman set on fire. NBC Sam Brock has the report, and a warning to viewers, some of the images in the story are disturbing. On New York City Subways, a rising sense of unease. At least once a week, I'll see some sort of violence or some sort

of outburst. So many times I've been threatened with my child on the subway, literally with a knife. Just the last few weeks have seen gruesome attacks from a sleeping rider lit on fire to a man shoved in front of a moving train while checking his phone to multiple stabbings New Year's Day. How would you assess the state of safety right now in the summer? Well, numerically, we've made a lot of progress. We're actually down 12% in felony crime versus pre-COVID. But we've had these terrible high-profile incidents. Jan O. Lieber is the chair of New York's MTA, who says a thousand more police and National Guardsmen deployed in March and hundreds of new cameras have helped. But the violent crimes are unacceptable. The New York City subway carries four and a half million people

a day. That's the more of the population of the city of Los Angeles. On a daily basis, we have five to six felony crimes. Overall, it's a safe place, but we have to push back against the disorder and the people who commit these serious high-profile crimes. Charles Fain Lehman studies policing in public safety and points to data from Vital City, which shows the 10 murders on the subway in 2024 tied for the highest since at least 1997. It's substantially worse than anything we've seen on recent record. The city, like many other cities, it's seen a decline in murders, Notwithstanding what's happening on the subway where things seem to be getting worse. Riders using caution.

Be aware of your surroundings. But keeping a close eye on what officials here do next. New York's governor, Kathy Hokel, was asked today about this spate of disturbing incidents and her description of them as a crisis. And Tom, she talked about increased police presence. The fact that you now have security cameras in every single train and every car of every train in the New York City subway system. But she also called on the New York State Legislature

to take action here. She said doctors need to be empowered to have more latitude to keep an individual in their care for longer because she said right now there are individuals involved who need proper care and humanity, but they cannot be a risk to those around them. Tom? It's a problem they have to fix. All right, Sam Brock, we thank you for that. Now to Top Story's Health Check and the stark plea from the U.S. Surgeon General. Tonight, the nation's leading doctor calling for cancer warning labels on alcohol, similar to those used on cigarette packaging. The new announcement coming amid mounting research as alcohol consumption is now the third leading preventable cause of cancer in the U.S., accounting for nearly 100,000 cases and 20,000 deaths each year. For more on this, I'm joined now by Dr. Seth Knorr. He's a member of UNC's Cancer Prevention and Control Program at the Lindbergh, Lindberger Center, Comprehensive Cancer Center.

He's also professor at UNC's Husband School of Journalism and Media. Okay, Dr. Noor, I do want to ask you, is this a good idea? Do you think this is something that's going to actually happen? Well, good, those are two different questions. I think it is a good idea, given the relatively low awareness among the American public about the link between alcohol and cancer, is it going to happen? That remains to be seen. I hope it will, but according to the Surgeon General report, it would take an act of Congress, so we know that those can be challenging. So we shall see, but I hope that it eventually does happen. So Dr. Nora, you know, this research, it's not new, but it may be the first time many people are aware.

aware of the direct link, right, between alcohol and cancer and how that works. The Surgeon General is calling for written warning labels on alcoholic beverages like we see with cigarettes and even vapes. But, I mean, even if they add these warnings on cans and bottles, again, I know you think it likely might not go through. Do you think it's going to impact the way people drink alcohol? That's a great question. Actually, interestingly, there already are warning.

There already is a warning label on alcohol containers. Most people think, really? Is that the case? But if you look on the side or the back of an alcohol container, it does have a government or surgeon general's warning, talking about, warning about drinking during pregnancy and impaired driving. The problem is the print is small. It's kind of on the back or the side of the pack. It's been there since 1988, so it's kind of worn out. And so people aren't really paying attention to it anymore. Moreover, we have this building science that shows that alcohol is a carcinogen, and it causes several types of cancer. So we do need to update the labels and not just the content of them to warn, for example, about cancer, but also to move the placement so it's more prominent so people will actually see it and read it.

I do want to ask you if for the people that are watching this story writer and are growing alarmed, what do we know about the human body and when alcohol consumption stops or at least is moderated? If some people are having very drinking very heavily and a headline like this from what the surgeon general is doing, gets them thinking, because at the end of the day, this is what he wants to do, right? He wants to get people thinking about alcohol and the way they consume it. Absolutely. I mean, it's a legal product, and I think the important thing here is that people should have all the facts, the fact that the evidence has grown very strong about alcohol causing cancer, something that people should know. It's also true that more drinking is, you know,

more related to cancer. So essentially, the less you drink, the more you limit drinking, the more you'll reduce your risk of cancer from alcohol as a cause. And so I think the idea is to raise awareness and let people know about this. And then people are going to make their own decisions about drinking. Some people may say, you know, I'm going to limit my drinking a little bit more than I used to, to not have to be concerned about this risk. But that would be up to people to make their own mind about that. Dr. Nor, we thank you for joining Top Story tonight. Thank you. Appreciate it.

All right, we want to head overseas now to Top Story's Global Watch. We start with a search for a missing Australian surfer who's now believed to be dead. Police say the 28-year-old disappeared after a suspected shark attack off the coast of Streaky Bay in South Australia. Police searching land, air, and sea only recovering his surfboard. Authorities closing the beach and warning and warning great white sharks were spotted in that area. Okay, Honduras threatened to shut down U.S. military bases. if President-elect Trump carries out his campaign promise of mass deportations. The president of Honduras, Sumada Castro,

saying the U.S. has maintained a military presence in the country without pain, and if there's a mass expulsion of Hondurans from the U.S., she would consider severing those military ties. The announcement marks one of the first promised international pushback actions over Trump's immigration policy, but President Castro said she is open to dialogue with Trump. Authorities in Kenya are investigating a large space object that fell from the sky into a remote village.

The 8-foot-wide 11-pound metal ring landed about 100 miles north of Nairobi. The object is believed to be a separation ring from a rocket. No one was hurt. Kenya's space agency believes the fallen space junk is an isolated case but are now investigating. Okay, we want to stay overseas now. In South Korea, police and presidential security

coming head to head, as authorities tried and failed to arrest the country's already impeached president. The standoff lasting for nearly six hours As supporters of the president, some carrying Stop the Steel Signs and wearing MAGA hats, tried to stop police from executing the warrant. NBC's Megan Fitzgerald has this one. As supporters of the impeached South Korean president gathered to show their support.

And tried to stand in the way of police. President Yun Suk Yul refusing to surrender, engaging in a six-hour standoff with authorities, trying to serve an unprecedented warrant for his arrest at his gated compound in the heart of soul. Officers trying to serve that warrant were blocked by a wall of roughly 200 security agents who tell NBC News they are required by law to protect the president. Yun's lawyer says the warrant and the use of riot police is illegal. Youn, who has been impeached and stripped of his authority, is wanted for questioning over his botched attempt to declare martial law last month.

A shocking move that sent the South Korean military into the streets, banning all political activity and censoring the media before it was rescinded only six hours later. Youn has argued the martial law decree was legitimate, saying the opposition Democratic Party had undermined the government and sympathized with North Korea. Investigators suspending efforts to serve the warrant, citing safety concerns. But the warrant doesn't expire until Monday, and officials could try to execute it again

before then. Some supporters who gathered outside the presidential palace holding Stop the Steel signs, a slogan popularized by President-elect Donald Trump, who has twice been impeached and acquitted Our Steve Patterson was outside the residence as authorities moved in. You can see the crowd here, including Magahat, American flags. We can take it through the crowd here. These are, of course, hardcore conservative supporters who are trying to block the arrest. There is now an arrest warrant for the president who has been impeached.

These people very passionate protesting all day. In fact, laying down in front of his residence at one point. They want this police action to stop. They say it is wrong. And President Yun is encouraging his supporters to do so. Very animated crowd. This supporter says they think Trump would support Yun-Suk Yul, and that impeachment is illegal. But a majority of South Koreans nearly 90 percent do not approve of Yune, according to Gallup Korea.

Weeks of political unrest have sent thousands of protesters into the streets. This person saying the president should be arrested immediately to reset peace in the country. The first formal hearing for Yun's impeachment trial is set for January 14th. Megan Fitzgerald, NBC News. Okay, we thank Megan for that. When we come back, the multi-million dollar payout from Apple after Syria is accused of eavesdropping, the tech giant settling a lawsuit which claimed the virtual assistant recorded conversations and share that information with advertisers.

How much money users could receive? That's next. We are back now with a major headline out of the tech world. Apple agreeing to pay $95 million to settle a lawsuit that accused the company of using Siri to ease drop on people. The lawsuit which was filed in federal court in Oakland alleges Apple routinely recorded private conversations on iPhones and other devices equipped with Siri. Even when customers didn't intend to activate the virtual assistant by saying, Hey, Siri, the lawsuit accuses Apple of then sharing those conversations with advertisers. For example, two plaintiffs said they said their mentions of Air Jordan sneakers and Olive Garden restaurants

triggered ads for those products, while another said he got ads for a brand named surgical treatment after privately discussing it with his doctor. The settlement still needs to be approved by a district judge, and we should note Apple is not admitting to any wrongdoing here to help us, break this all down. I'm joined now by NBC News Legal Analyst, Danny, thanks so much for joining Top Story again tonight. So talk to us about this outcome, right? $95 million, according to Reuters, is the profit Apple makes in about nine hours. What's your reaction to the settlement? Yeah, and you bring up a great point. I mean, from a business perspective, this seems like Apple got off easy, and here's what I mean by that. If I were advising Apple, the biggest challenge I would see is that if this case went to trial, Apple would be seen

as a villain by the jury, because who among us has not worried or wondered whether or not our iPhones are tracking what we're doing or listening in on what we're talking about? It's the kind of thing that terrifies consumers, so you get a bunch of presumably Apple owners or iPhone owners on that jury, and Apple would have been in a lot of trouble. So no surprise they settled it, and just like you pointed out, $95 million is a lot of money. could have been a lot worse for Apple. So strategically, this was probably the right call for the defense. Yeah, this is a huge wake-up call, too, for people that use Apple products. So who's eligible and how much money might people get? Well, the eligibility standards range from a really long time

period, from 2014 to really essentially the president a few days ago. So there's always a challenge in figuring out who is in that class. The problem is, once all members of the class are accounted for, whether they're opting in or opting out, which is some high-falutin class action language, they ultimately may only get pennies on the dollar, because you think of all the Apple iPhone owners and $95 million, and you start doing the math, and there probably isn't going to be a whole lot for each individual consumer. You know, for better or for worse, the real fees will come in the form of attorney's fees if, for example, the court approves a one-third or some similar kind of.

attorney fee. But that is something that is usually litigated further before we know what that will be. So, Danny, as we mentioned, Apple has not admitted to wrongdoing, right? So what does this mean going forward? Can consumers be assured that this isn't still happening? Are there any new guardrails in place to protect people's privacy? Yeah, there's another huge victory for Apple, and no admission of wrongdoing. I mean, after all, that's why you settle cases. You're paying for that privilege of saying that there is no admission of liability. It's a common business strategy, but Apple avoids a very big problem, which would be some finding of liability, evidence that could have come out showing that they are in fact liable,

or even worse, having to lay bare their internal procedures and their codes and all these proprietary things that if they got out into the public could be really damaging and could show possibly that these allegations were true and that our Siri feature of our iPhone is listening to us all the time. I should add that one of the requirements for the class is when Siri became available with the Hey Siri feature. So anyone who really arguably had that when they bought their iPhone, they could be eligible. Danny Savalz for us tonight, Danny, we appreciate you breaking that down for us. When we come back, the spirit of New Orleans. Following this week's tragedy, we're taking a look at the business owners, looking to help the victims and the stores reopening

their doors as the city begins to heal. Stay with us. We are back now with the memorial starting to take shape for the victims of the New Orleans terror attack, one in particular created by an artist who has traveled the world to create long-lasting tributes to lives lost during tragedy. Here's George Solis tonight in New Orleans. Tonight in the heart of the French Quarter on Bourbon Street, the music isn't the only thing drawing crowds. All eyes fixed on the man in the cowboy hat with a brush in hand, adding color to a canvas where the city experienced one of its darkest days. I want him to know that what I do is a message of support, and I want him to know that we are here. His name is Roberto Marquez, an immigrant and self-tawn artist from Dallas that for the last six years has been on a mission to honor lives loss during tragedies with works of art.

Each project, a unique entry in a mission that has taken him all over the country and world. How many have you done to your recollection? I think a loss count by now. That says something. Yes, many, many. Marquez set up this installation in Uvaldi, Texas, where a gunman killed 19 children and two adults. He painted this mural in Surfside, Florida, after the 2021 condo collapse. Constructed this piece in Baltimore, Maryland, after the bridge collapse that killed six workers.

He's also been to Spain after this year's deadly flooding, Turkey in the aftermath of the 2023 earthquake, and Ukraine in the early days of the war. Here's another example. You know, we have a situation where, you know, you know, many, many families lost their loved ones, you know. And somehow they, I guess, you know, for the work did you do, they get to know that we united. Marquez gives each mural to the city or town he's in. The New Orleans piece will not only include a mural, but 14 large crosses, one for each of the victims. The work at times emotionally overwhelming. I'm not strong.

And sometimes I'm surprised. seeing people when they come and say, you know, I want to thank you because you're doing so and so hit on the memorial to Barlow. They talk and say, I'm the one that I'm about to cry, you know. And it is difficult. Despite the pain, Marquez is not defeated, but does hope that each stroke may be his last. Do you wish that you didn't have to do this? Yes, I wish this would be the last one in as far as tragedy.

I wish that these problems diminish, you know. And what a work of art that would be for all. George Solis, NBC News, New Orleans. We thank George for that report. And finally tonight, as the city of New Orleans pushes to recover from Wednesday's attack, never forgetting what happened on their iconic street, the restaurants and businesses of the French Quarter are helping out as visitors are also still believing in New Orleans.

The culture of New Orleans is unlawful. unlike anything else in the world. The brutal attack blasted through the city's beating heart, the French Quarter, which is now balancing a desire to remember and respect what happened, with a desire to once again demonstrate the resilience of this city. New Orleans always rises above. We have been through it all, and we always overcome, and we do it in our own way. Lauren Haydell loves the city so much, she opened Flirty Girl, a French Quarter. store filled with New Orleans merchandise. She now plans to donate part of her revenue to victims of the attack.

We have a saying here in New Orleans, and it won't bow down, and we won't bow down. There's a similar feeling a few blocks away. At Galloires, one of New Orleans' most storied restaurants, which reopened yesterday. We have one another, and we have a strong and resilient city. This city, full of music and food and culture, means sort of. much not just to the people who live here, but the millions who visit each year. The Super Bowl, Mardi Gras and Jazz Fest are all just around the corner. And while there are fears the attack could keep some away, listen to this teacher from Omaha

who thought about canceling her trip, but decided to come anyway. I just felt like I needed to come support the city. The people that you meet, you know, they have my heart, and so I am so happy I still came. And that is the spirit of New Orleans. And that does it for us tonight. We thank you so much for watching Top Story. I'm Tom Yamis in Miami. Stay right there.

More news on the way.