Top Story with Tom Llamas - Monday, January 9, 2023

Episode Date: January 10, 2023

The Justice Department is examining a "small number" of classified documents found at a Biden think tank, more than 1,000 people have been detained in connection with the attack on Brazil's capital, parts of Southern California were ordered to evacuate, a Virginia teacher walked her students to safety after she was shot by a 6-year-old, and "M3GAN" slays the box office.

Tonight, breaking news as we come on the air, classified documents found at an office that once belonged to President Biden. Several documents from Biden's time as vice president under Obama found back in November, the National Archive referring the matter to the Department of Justice, what we're hearing from the White House tonight. This, as the president makes his first trip to the southern border as commander-in-chief amid a growing humanitarian crisis. Tonight, white critics on both sides are slamming Biden for not meeting with a single migrant while he was there. The other major story tonight, the attempted coup in Brazil, echoing the January 6th insurrection in this country. Thousands of protesters swarming government buildings, supporters of the country's right-wing former president, Jair Bolsonaro, who has peddled election lies for months. What we know about where the ousted leader is tonight, and the likelihood the U.S. could force his extradition, to Brazil. At this hour, evacuation's underway in California. All of Montecito urged to get out

as rivers swelled to dangerously high levels. A five-year-old swept away. Rescue teams now going door to door on CEDU's Miguel Almaguer is live in the storm zone tonight as yet another round takes aim. Plus, a shocking story out of Virginia, a six-year-old shooting their teacher in front of a first grade class. What we're learning about how that student got the gun and how that teacher is doing tonight. And Megan slays at the box office, the horror movie about a lifelike doll raking in millions, how TikTok and a creepy dance

helped turn this low-budget horror film into a sleeper hit. Top story starts right now. And good evening. We begin tonight with that breaking news. Attorneys for President Biden acknowledging a small number of classified documents from his time as the vice president were found last fall in a private office,

Attorney General Merrick Garland asking a Trump-appointed U.S. attorney to review them, according to a source familiar with this matter. I want to get right to NBC News, Justice, and Intelligence correspondent, Ken Delanian, who has the reporting for us. Ken, I know this just broke a few minutes ago. Do we have any idea of the scope and scale of this investigation so far? We don't even know if it is a criminal investigation, Tom. What officials are telling us is that a small number of class.

classified documents were found in a locked closet inside offices used by Joe Biden from the time he left the vice presidency until he began running for president, who was elected president in 2020. It was at this think tank called the Penn Biden Center that he was using as office space. And that Attorney General Merrick Garland asked the U.S. attorney in Chicago, who is a Trump holdover. He was appointed by then President Trump. Trump to look into this matter in order to preserve the appearance of independence and not have a Biden-appointed prosecutor look at it. We don't know if that U.S. attorney has opened a criminal investigation. The officials we're talking to are portraying this as sort of an innocent

discovery, but obviously it has great significance in the context of the discovery of 300 classified documents at former President Trump's residence at Marlago and the resulting criminal investigation, which is being very actively pursued, and criminal charges are being considered in that case, Thomas. Innocent discovery or not, as you mentioned, you can't just take classified documents. We understand there may not be a criminal investigation just yet, but if there were to be, what type of legal consequences could the current president be in? Well, it would depend whether he personally took the documents or whether an aide or someone else left the documents there. But look, it's very common for former government officials

or current government officials to be charged with crimes, with mishandling classified information if they take classified documents to spaces that are not equipped to protect them. And as far as we know, this office was not a skiff, a place, a sensitive compartment and information facility designed to house classified information. So there could be consequences, but generally prosecutors need to see some kind of criminal intent, some kind of malevolence, an intent to take the documents away. So we don't know whether that was the case here, but clearly it's not something that should happen.

And as a political matter, Tom, it really undermines those who want to point to what President Trump did as different as it may be in scope and suggest that the former President Trump should be charged criminally in that Marlau case. It's a great point. Kendalini, on that breaking news that just happened. Can we appreciate that?

We want to move on now to Brazil, picking up the pieces from one of the most violent assaults on its young democracy. In a mass insurrection reminiscent of the attack on this nation's capital, protesters storming government buildings in the name of a defeated right-wing president who claimed an election was rigged. More than 1,500 supporters of former President Jayair Bolsonaro are under arrest tonight and will show you why. Protesters smashing glass windows with police barricades at the Supreme Court, setting off the sprinkler system once they got inside. In presidential offices across the street, they ransacked the lobby rifling through documents. National Congress building, the crowd breaking through barriers to climb onto the roof,

the lawn, just a sea of yellow and green there. Those images from January 8th, eerily similar to the sea of red, white, and blue that stormed the U.S. Capitol on January 6th, two years ago, and the similarities are not just an appearance, but in sentiment. Both crowds fueled and emboldened by illegitimate claims of election fraud from their leaders, from President Trump and Bolsonaro, respectively. Today, President Biden speaking to President Lula, the rightful winner of Brazil's latest election. The two leaders condemning the violence and announcing a meeting in Washington next month.

Tonight reports Bolsonaro is in Florida, in the hospital, and potentially on an invalid visa. So the question remains, will the U.S. send them back to Brazil if that turns out to be the case? NBC Sam Brock leaves us off on this room. After chaotic clashes with police, where protesters used metal barricades

to bash in the windows of Brazil's Congress, Around 1,500 Brazilians are behind bars tonight, supporting the former president, Jair Bolsonaro, who, like Trump, pushed a narrative of electoral fraud for months without evidence, leading to scene Sunday that looked an awful lot like January 6th. Police flashbangs and tear gags going well into the night to quell the crowds. The people who invaded the Brazilian institutions, they were thinking about what happened in the United States. If it didn't happen in the United States, it wouldn't happen. happened in Brazil. President Biden condemning the violence as an assault on democracy, throwing the

country's support behind the newly elected Luis Sanacio Lula de Silva, or just Lula, who served two prior terms. As Brazilians like Alan Lemos say watching the riots felt very much like the American insurrection. I think it's very similar in a way. It's just as said, because I don't think that's progress. Just like here, people have lost faith in the electoral process. Bolsonaro has been spotted in Florida in recent days. His wife says, saying he was admitted to the hospital earlier today for abdominal pain with new questions about whether he could stay on a diplomatic visa. If an individual has no basis on which to be in the United States, an individual is subject to removal by the Department of Homeland Security. All this says Brazil buckles, but tries not to break under its biggest attack on democracy in decades.

All right, Sam joins us now live. Sam, can you tell us what the former President Bolsonaro was doing during these rise? at those capital buildings in Brazil? Yeah, that's a question that really deserves some more exploration right now at time, because we know that he arrived prior to the inauguration of Lula, which was on January 1st, so just about a week before Monday, Sunday. We've seen video of him, right? And he's been out in the community, and we don't have the exact date. Embassy is still looking to confirm that.

But sometime in late December, shaking hands with people in the Orlando suburbs. There's also a video of him reportedly unverified at this point at a local public's. And he was staying at an MMA friend's house in Orlando. All of us in the weeks leading up to this insurrection. What makes it so curious, Tom, is that all the obvious touchstones for when it would happen. The first round of voting, the second round of voting, certainly the inauguration itself came and passed. And nothing. And a lot of folks in Brazil did let their guard down.

And here you have their former president in Florida in a hospital today, according to his wife, because of abdominal pain, all this going on, as chaos erupts in Brazilian. So, Sam, I mean, and you laid out there perfectly, right? There are all these images of him out and about in Florida, possibly out of public, staying at the MMA fighter's house, and then he gets sick. He goes to the hospital. So is there a chance that U.S. could possibly extradite him? So right now, according to the State Department, they have not delved into a lot of details except to say that Brazil has not requested extradition.

It really feels like, Tom, without being told explicitly, that that has to have to have. in order to extradite Bolsonaro. However, there's another interesting point. He also seems to be here on a diplomatic visa or an A1. Once the inauguration took place for Lula, well, that's no longer good 30 days beyond that point. So unless Bolsonaro is able to somehow reapply for a different kind of visa, he would be subject to removal, according to the State Department. Once those 30 days have expired, that would be February 1st, Tom. Okay, Sam Brock for us tonight, Sam. We appreciate it. For more on this insurrection of Brazil, Latin America's largest Democratic country. And what's next there? I want to bring in Brazil news director for the

Associated Press, the AP, David Biller. The AP had people on the ground in Brasilia. David, I know here are some of those images. Talk to us about what your team was seen in real time. And did this news take many by surprise? I mean, I know here in the U.S., many were surprised. We had been following what was going on with Bolsonaro and with Lula, but this sort of insurrection seemed to come as sort of a surprise. Were your reporters on the ground sort of foreshadowing this in the reporting? Well, this is something that political analysts had been warning for months could occur. Bolsonaro was, you know, firing up his base, telling, you know, saying that the electronic

voting machines were not reliable. And so really, we were all sort of on multiple occasions waiting for something like this to happen. And then he actually left the country, as you just mentioned, he went to Florida, Lula was inaugurated, and Bolsonaro's absence sort of allowed that day to proceed without. incident. And I think a lot of people in the country breathed a sigh of relief. It was only, you know, the weekend afterwards that we saw the mayhem ensue. And so on the, it was surprising in the sense that we had all sort of, you know, let our guard down a little bit, but this is

something that was very much, you know, expected to occur for, for months, and it finally did. You know, we saw Bolsonaro denying these, the, you know, the reliability of the voting machines. His supporters latched on to that. And they also believed that the elections were fraudulent. They were calling on the armed forces to intervene. Bolsonaro also repeatedly strained against other institutions, especially the Supreme Court. So really, this is the culmination of a lot of those tensions. David, you know, how did this happen is the next question?

I want to talk about the governor of Brasilia, which is the capital of Brazil. He's been suspended for being accused of abating the rioters by having federal district police authorize the entrance of those rioters' buses. Talk to me about that move right there and sort of that, and did that set everything in motion? Well, it's being investigated. I would say first and foremost, the federal government is just beginning the investigations, and they're looking to punish not only the people who are physically in the buildings, trashing these really important buildings, the most important buildings in Brazil's government. They're also looking to get at the people who financed the buses that brought these people of the Capitol,

looking to investigate which security forces, whether specific officials or specific police, you know, actually stood aside and let it happen. As you mentioned, a Supreme Court justice suspended the federal district's governor for 90 days. Before he has suspended, that same governor also fired his security secretary, who was in the U.S. when all this was happening. And, you know, this wasn't fully unexpected. It wasn't like this erupted out of nowhere, even though their encampments in Brazil. People were calling for protests this weekend. So for the federal district's police force to not have prepared an adequate response, it really raises a lot of questions that everyone is looking into, and the investigations are, you know, working hard to get to the bottom of.

Finally, David, where does the new president, Lula, the new president, we used to be the former president. Where does Lula go from here? It's a good question. Obviously, this is a massive challenge, and he's had this sort of divided nation, he's inherited this divided nation that he has made his mission to sort of bring back together. There have been analysts I've spoken to who think this actually plays into his hand, because you'll have, you know, fence straddling, moderate politicians, and also even right-leaning politicians who want no association with what happened yesterday. Same thing for voters. Some of the voters who, you know, some of Bolsonaro's voters will want to dissociate

from him, not be associated with these same people who are destroying, you know, the presidential palace or destroying the Supreme Court. And so, you know, obviously we're just in early days, but, you know, for now, Lula is, you know, trying to show a united front. He's releasing statements with the Supreme Court in the heads of both houses of Congress. He just marched down the ramp from the presidential palace with governors and leaders from Congress to really show that this is a government that supports democracy and that the fringe element is not going to subvert democracy in Brazil. And just one other thing I wanted to mention, I heard your correspondent mentioning that

Bolsonaro's wife said he's in hospital. He actually just released a photo of himself in hospital, which I can maybe show here, sort of, if you can kind of see that. This is just a few minutes ago. So Bolsonaro also saying he's in hospital for an intestinal adhesion, which is news just from a few minutes ago. David Biller, we thank you for that update, and we thank you for your analysis

and explaining what happened there in Brazil. David Biller from the AP. We want to bring it back here to home now. We're following a developing story out of California. The state slammed with another major storm. And now massive evacuations are underway up and down the coast. Miguel Almegare is in hard-hit Santa Cruz with that. latest.

The emergency rescues, flash flooding, and mudslides are still unfolding across California. Mountain communities and coastal cities swamped by another round of relentless rain, including a torrent of fast-rising water that washed away a car, a five-year-old child still missing. It was rising quick. In my experience, the fastest I've seen it rise. Communities outside Santa Cruz and Sacramento, and now all. of Montecito under evacuation orders. Swift water rescue teams going door to door in submerged neighborhood. It caught people that have been here 50 years, caught them unprepared.

The brunt of this storm rolled in overnight. By the time the sun came up, this entire neighborhood was underwater. Across California, 32 million are under flood alerts. This dumping deluge, the latest in a series of atmospheric rivers, forecasted to drop up to 12 more inches of rain. Here you go. Here, grab my hand. Go there. I got you.

After a flood of daring rescues, hundreds of thousands have lost electricity again as trees sliced through homes, power lines, and claim lives. The damage from this storm in just a few hours will easily top the millions. But after a week of wicked winter weather all across California, the destruction will likely exceed the billions. And now is rivers swell and burst their banks. They're making hard closures for a mudslides. Tonight mudslides are cutting off communities.

This already waterlogged state in a state of emergency, with more rain in the forecast. Miguel, Amigar, joins us now live from Santa Cruz. Miguel, I want you to tell us and tell our viewers where you're at tonight and what that is behind you. But first, I can't believe some of those images we're seen in your report. It shows the sort of emergency situation that is happening there in that part of California. Talk to us about how many people are being evacuated now,

how large is this area, and were there enough warnings this weekend? Well, Tom, all of California's coastline was under assault. As you mentioned, there were those mass evacuations in cities like Montecito. Across the California coastline, we know of at least 50,000 people that have been told to leave their homes immediately. We expect those evacuations to continue to unfold. One of the reasons why is what you see here behind me. This used to be a road that leads to a sidewalk. That sidewalk has now crumbled and plummeted, hundreds of feet down, literally into the Pacific Ocean. That's the concern all across California. You can see the rain here has stopped, but there is concern that there will be landslides and

rock slides over the next several days. We know the storm system actually started over a week ago. The land here is oversaturated. What looks like firm land is giving way right below people's feet, Tom. All right, Miguel Almaguer, with the devastating situation there in northern California. Miguel, we thank you for that. For more of the weather, I want to bring in NBC News meteorologist Bill Karens, who joins us in studio, Bill. We were just talking about those images. They are incredible. Talk to us about what's going on, and we're still seeing a lot of rain, I guess, and serious weather on the radar.

Yeah, now we're getting concerned with Santa Barbara County and then heading towards Los Angeles tonight, so we're not done. I think the pictures you saw today, you're going to see a repeat of them tomorrow at this time, but they're going to be from different areas. And we're mostly going to be focusing on where the torrential rain is right now. You see it over Santa Barbara. We even had a lightning strike in the last hour. And then when these head into Los Angeles and the mountains outside of L.A., we're going to get more landslides. We're going to get more debris flows, more highways closed, and more power outages.

This huge maroon color here, that's all a flash flood warning from San Luis Obispo all the way through Santa Barbara. I mean, that's just a huge area where it's almost impossible to drive because so many roads are closed. Moderate risk of flash flooding includes downtown L.A. tomorrow. And in the mountains of L.A., we're going to see three to six inches tonight and tomorrow with new problems because of it. And the winds will knock out power to some time, but it's really the rainfall tonight that we're afraid of. Okay, we're going to stay on top of this throughout the broadcast. Thanks so much for that, Bill. We now turn to some disturbing details, new details in that shooting at elementary school in Newport News, Virginia we told you about on Friday. Officials say the

six-year-old shooter, yes, he's six years old, brought the gun from home, authorities reiterating that the shooting was intentional. Katie Beck is there with the latest. tonight police providing some answers to a shocked Virginia community after a six-year-old shot an elementary school teacher during a lesson on Friday she was providing instruction to her class there was one round fired she took a defensive position where she raised her hand the round went through her hand exited the rear of her hand and into her upper chest according to police the gun was legally purchased and owned by the shooter's mother they say it was in the residence where they lived and the child put it in his backpack, bringing it to school. They added more interviews need to be conducted before any charges are brought. As far as charges against family members, parents, where the facts are and what the law supports will determine if there will be any charges. But I would be wrong to make that statement out.

Police say the six-year-old shooter remains in medical treatment and has 96 hours to appear in front of a judge to determine next steps. Mark Garcia's son heard the shot fired in his wing of the. school and is looking for changes. We need to make sure we have clear backpacks. We need to have wandered security at the front in every single school. The district has had three school-related shootings in 17 months, two previous incidents in and around high schools, leading to one death and two injuries.

But the age of the shooter made this different. In no way do I believe that we were fully prepared for a six-year-old student to bring a school, bring a gun to a weapon to school and shoot a teacher. The superintendent saying over the week, weekend access to firearms is a broader problem. We do respond to whatever we have come on campus, but again, it comes on campus because of access in the community and this is not a Newport News problem. It's a bigger and broader problem than what we're seeing today.

According to every town for gun safety, 4.6 million American children live in homes with at least one gun that is loaded and unlocked. And last year, the group tracked more than 300 unintentional shootings by children resulting in 133 deaths, a prayer gathering after school. When they turn out the light, there's a fear that's automatically there for kids. Showing support for the first graders who witnessed the event. That's the kind of darkness they should have to deal with it. Also praying for the teacher, Miss Abby.

Prayers go out to Miss Abby, and prayers go out to the child, and prayers go out to the family. And we've got to keep praying, but we also got to make sure that the right people be held accountable in this situation. And Katie Beck joins us live tonight from Newport News, Virginia. as investigators try to figure out how this happened. You mentioned the teacher there, Ms. Abby. Do we know how she's doing tonight? She is in stable condition, and that is a relief to many of her co-workers at the school that we spoke to tonight. They all describe her as just a ray of sunshine, somebody who should be around first graders,

with her positive energy and spirit. Now, the police chief made very clear today that she's not just a good spirit. She's a hero. This teacher, her first question from the hospital bed today when the police chief visited her, how are my kids? How are my kids doing? She calls her students, her children. And he says that after she took that bullet to her chest and after she ushered all of those kids out of the classroom, there's actually surveillance video of her walking down the hallway, taking one last look to make sure all the children escaped safely.

So it is a really incredible story not only of survival, but of selflessness. This woman had actually had something totally unpredictable, totally unprecedented happen. A six-year-old shoot her in her own classroom, and her primary concern was making sure her students were safe. Tom? Yeah, an incredible educator, an incredible woman, and I think you put it perfectly in your story, a six-year-old. It's just something that we just can't understand right now. Okay, Katie Beck first. Katie, we appreciate it.

We want to go to that ongoing crisis at the border we told you about earlier. President Biden is in Mexico City tonight, meeting with his counterpart. But back at home, the president facing criticism from Democrats and Republicans over his administration's handling of the influx of migrants. We have team coverage tonight. Telemuno's Julio Vacero is in Mexico City and Gabe Gutierrez is in El Paso. We want to begin with Gabe and the latest on the desperate situation on the ground there. Facing mounting pressure over his handling of the growing migrant crisis, today President Biden met with Mexico's president, Andres Manuel Lopez Obrador. The crucial talks ahead of a summit in Mexico City come just one day after President Biden's first trip to the southern border since taking office, where he met with officials in El Paso. They need a lot of resources and we're going to get them for them.

And while he did not meet directly with migrants, he was met with criticism from all sides. Texas Republican Governor Greg Abbott handed the president a letter, blasting Mr. Biden's lax border policies for encouraging the migrant influx and arguing the visit came two years too late. is the only reason why we have these people coming across the border like we do is because both the homeland security secretary and the president are not in enforcing current laws there were a record 2.6 million illegal border crossings last year after president biden left el paso the border patrol union tweeting the photo op is over let the insanity resume has the federal government done enough to prevent this to prevent no absolutely not they're trying to cover bullet wounds with is band-aids. Migrant advocates say the president's new immigration policy is still inhumane.

That policy would expel to Mexico up to 30,000 migrants a month who unlawfully entered the U.S. from Nicaragua, Haiti, Cuba, and Venezuela. That's where Sorietvi-Rivero and her family are from. They shared with us images from their harrowing journey through the Panamanian jungle, clinging to the top of a train in Mexico to arrive here at an El Paso shelter. What's your message for President Biden? We want an opportunity to stay, she says. We are not delinquents.

We are good people. And with that, Gabe Gutierrez joins us now from El Paso, Texas, there on the border. Gabe, so President Biden, as you mentioned in your report, didn't meet with any migrants. In his first visit to the border as president, it's sort of hard to understand that when every single White House press op, every single White House visit is so well planned, what was the White House saying about how they were able to go to the border and not have the president actually meet with the people who either had crossed in or trying to cross in? Well, two administration officials tell NBC News that the president did not meet with migrants

because the facility he visited, the migrants there had already been processed when he arrived. And the administration official said it was not intentional not to meet them. But Tom, yes, as you said, behind me, there is still very, there's a lot of migrants here outside this church in El Paso, and the city remains under a state of emergency, Tom. Yeah, it would almost be more difficult to not to meet migrants than to actually meet some in that area, as we see behind you. So, Gabe, you know, there have been some arrests there in the El Paso area that has generated some headlines. Can you explain what exactly is going on?

Yeah, so, Tom, several days ago last week, there were federal officials, custom border protection officers that migrant advocates that came here and took into custody. several of these migrants and there was video that NBC News obtained showing that. Now, CBP released a statement saying that, you know, this was part of enforcement actions that at least some of the migrants in El Paso have been trying to evade apprehension. Now, there were, it was at least one arrest yesterday here just shortly before the president's visit. We just released a statement, received a statement from the city of El Paso police saying that

one migrant was arrested for possession of a controlled substance for other. were also turned over the Border Patrol officials as well. Okay, Gabe Gutierrez, for us tonight from El Paso. Gabe, we thank you for that. As President Biden meets with Mexican President Andres Manuel Lopres, Obrador, the crisis at the border is at the top of the agenda. Telemundo anchor, Julio, joins us now from in front of the presidential palace there in Mexico City where the leaders met today. Julio, thank you so much for joining Top Story. Immigration, we know, is going to be a big conversation during the summit, but also not the only issue. What else do we expect to hear from the two leaders?

Yes, Tom, thank you very much for having me. So, as you say, right now, as we speak in this Palacio Nacional behind us, President Biden and President Lopez-Ovador are having this conversation right now. And, of course, immigration is one important part of it, but it's not the only one. Security would be another important aspect. In the United States, there's a lot of concern regarding the smuggling of fentanyl. Thousands of people have died in the United States because of this drug, so they want to stop that. And then here in Mexico, there's concern because of the smuggling of weapons and arms that are making these drug cartels very dangerous. So they have to discuss those issues.

And, of course, also regional integrity and economic alliance, the North American region, is responsible for the one-third of the GDP in the whole world. But there's an opportunity for progress, and they can improve this. So they're going to discuss immigration, security, and economy, basically. Yeah, so much to discuss in this visit from President Biden there to Mexico. As we heard from Gabe, though, the White House's new plan is to expand Title 42 and expel 30,000 people to Mexico per month. How is Mexico responding to that? Well, they are agreeing to this, Tom. It's very interested.

We have to remember that this announcement made by the White House also includes 30,000 people coming into the United States legally from Cuba, Venezuela, Nicaragua, and IT. So the Mexican government sees this as a good move. And also, we also have to say that President Biden has agreed to this, but it's also demanding more help, more money coming in from the United States to Central America. And he's also demanding for the integration of the whole continent, including countries with more authoritarian government, such as Venezuela, Nicaragua, and Cuba. And as you know, that's something that people in the United States don't really like. So it can be, you know, a difficult issue to address right now. Julio, I also know you have some new reporting that you shared with viewers on your broadcast, and not everyone is happy about this summit. You spoke with Senator Bob Menendez of New Jersey, chair of the Foreign Relations Committee, who,

express concern about the state of Mexico's democracy, and this has been a big issue, especially for critics of the president there in Mexico, AMLO. Yes, he's been very outspoken, Tom. And, you know, he really expects that President Biden mentions this during these conversations behind closed doors and mentions this concern regarding the democracy in Mexico to President Biden. And he, Bob Menendez, Senator Bob Menendez, doesn't really like how President López Obrador has been trying to change the electoral law here in Mexico and electoral institutions. And he's also concerned about this close relationship that President López Obrador seems to have with leaders in Venezuela and Nicaragua and Cuba, as we just mentioned. So he really wants President Biden to talk about this with President López Obrador.

Okay. We thank you so much, Julio Bakato, from Telemundo. joining Top Story tonight. Still ahead. An update on Buffalo Bills to Mar Hamlin one week after that emergency on the field. Plus, the video is showing a customer at a taco shop firing at a robber who was wielding a gun, but that gun turned out to be fake, what it means for the man's claim of self-defense after he shot him. And the search for a missing mother of three, what police say her husband bought at a Home Depot after she disappeared. Stay with us. Top Story, just getting started.

We're back now with new questions surrounding a robbery in Houston gone wrong. Surveillance video showing a customer shooting the would-be robberer multiple times than killing him. But now, and this is new, a grand jury will decide if it was self-defense because it turns out that gun was not real. NBC's Morgan Chesky has the latest tonight from Texas. It's the video capturing a robbery inside a Houston taco shop, ending in gunfire, not by the suspect. seen here holding what appeared to be a handgun, but this man, an armed customer who fatally shot the suspected robber. Houston police say they've now spoken with the customer, who shot the mask man multiple times inside a local takaria. It started when police say the man walked inside, then demanded money from more than half a dozen patrons.

But video shows as the man walks towards the door, a customer opens fire, watching the gunman collapse, then walking over, and firing more shots at point-blank range. Police saying after consulting with the Harris County District Attorney, the case is now being referred to a grand jury, raising the question of whether this was self-defense. The initial shots appear unquestionably justified under Texas's self-defense law. However, you get into a gray area as the attacker flees

and the shooter seems to track him down. And the argument would be that as the robber is laying, there on the ground, he didn't pose a threat warranting deadly force. But a defendant could argue a number of different things, such as you don't know for sure if any of your bullets hit, or maybe even the robber is playing possum, or he may jump up and shoot. Police say upon retrieving the stolen cash, the shooter returned it to customers. Then the man realizes the weapon used for the robbery. Wasn't even a working gun. The fact that this gun that the alleged robber had ended up not even being real has no effect here.

For purposes of self-defense, as long as it reasonably appeared to be a firearm, that's enough of a threat of deadly force to justify deadly force in return. Police confirmed the deceased masked man was 30-year-old Eugene Washington of Houston. The identity of the shooter has not been released since that man hasn't been charged. All right, Morgan Chesky joins us now live from Dallas. Morgan, a lot going on with that video, a lot going on with this case. The gun, as you mentioned, that the robber had, was reported as fake, but the man who fired his weapon had no idea that was the case. Is he going to be in any type of legal trouble, or is this a classic stand-your-ground case? I know you were talking about this with Danny.

Right. Tom, experts say it's a classic stand-your-ground or something. to Vince case up until a certain point. Now, the fact that this gun wasn't real is not that important because at the time in which this crime was being perpetrated, it appeared to be a reasonably working firearm. And experts say that the gray area comes with those multiple shots that were fired after that suspect went down, as it appeared he was retreating from the crime scene inside that taco shop. That is what this grand jury is going to be scrutinizing in the days ahead when it comes to this particular case. Tom? Okay, Morgan Chesky for us. Morgan, we appreciate it when we come back and alert for parents. Fisher Price recalling more than four million of its

rock and place sleepers now linked to more than 100 deaths. What you need to know to keep your infant safe. That's next. Police say 39-year-old Anna Walsh was last seen on New Year's Day. Authorities revealing in court today that a damaged bloodstained knife was found in her basement. Her husband, Brian Walsh, now charged with misleading officers. Police say Walsh failed to report a trip he took to Home Depot during which he bought cleaning supplies, mops, and tape. Fisher Price reissuing a recall of 4.7 million rock and place sleepers. The products which were first recalled in 2019 now linked to more than 100 deaths, 70 of those deaths,

occurring after the initial alert. Many due to infants rolling over onto their sides of their stomachs, the sleepers were sold at major retailers, including Walmart, Target, and Amazon. And an update tonight on Buffalo Bill's safety, Damar Hamlin. One week after he suffered a terrifying medical emergency during a game in Cincinnati, his doctors confirming he was discharged from the University of Cincinnati Medical Center and has returned to Buffalo. He will continue his recovery at a hospital there.

His doctors say he has been walking and eating. All right, we went ahead overseas. now to China and its final farewell, or at least for now, to its zero COVID policy. After three years and months of protest, China reopening its borders and ending a requirement for travelers to quarantine on arrival. This has COVID infections surge across China. We showed you that story last week. Overwhelming hospitals with patients and funeral homes running out of spaces for bodies. NBC News foreign correspondent Janice Mackie Freyer, who brought us that story, has been covered it all for us. She joins us now from Shanghai. So Janice, this change all but signals China's

abandonment of the zero COVID policy. For those who are coming to the country right now, what's motivating their trips? What are they saying? And what have you heard from other travelers? Well, this is what so many people here have been waiting for. Me included, Tom, this chance to travel into China without being forced into long quarantines on arrival. For the past three years, China's had the toughest COVID restrictions of nearly any country. ending this part of it is effectively ending the zero COVID policy. It used to be that when you came into China, you were put through this maze of testing and disinfectant and then loaded onto a bus and taken to centralized quarantine where you stayed

for days, sometimes weeks, and even had your bed pillow and your cell phone tested for COVID. So it's going from that extreme, now to the extreme, where people are coming off the plane like they would in any other country, and they're coming into the world's biggest COVID hotspot. What we saw at the airport was people just being happy to see family and friends, people being reunited in some cases after years. So this is seen as a positive step forward for China, reopening to the world, but it is going to come with the downside of seeing infections spike again. Janice, were those travelers, though, concerned at all? I mean, as you mentioned, the cases are spiking.

And again, you never know what the Chinese government is going to do. And they had some of the harshest crackdowns we saw on this planet. Well, there are some concerns about coming into the country when COVID infections are very much on the rise. China's own experts are figuring 800 million people are going to be infected by spring. And the scale of the outbreak is only going to get worse because we're heading into this. lunar new year travel period. This is a 40-day period when hundreds of millions of people are expected to be on the move because it's a lunar new year without restrictions. The concern that comes with that, Tom, is that we're going to have all of these people moving from bigger cities

into smaller cities and rural areas, taking the virus with them. Hospitals in those areas aren't as well-resourced. We've already seen how overcrowded the hospital. emergency rooms are in the bigger cities. So the concern, of course, is that there are so many infections. The numbers are not credible, though there was one official in Hunan province yesterday who said that 89 percent of people in the third most populous province in China have been infected. That amounts to over 88 million people, which is a huge contradiction to the official numbers that suggests that only 120,000 people out of 1.5,000 people out of 1.5 billion have been infected with COVID and only 30 people have died. Those are numbers that one

doctor described to me as political and simply not connected to reality. All right, Janice Mackey Freyer from Shanghai tonight. Janice, thank you. Coming up, Harry's media blitz, what the controversial prince revealed about his relationship with British media queen consort Camilla and his history of illicit drug use. That's next. We're back now with new revelations from Britain's Prince Harry as he continues to promote his multi-million dollar memoir being released tomorrow. The prince opening up about his tense relationship with the British media, his accusations against the Queen Consort, and his struggles with substance abuse. Here's Keir Simmons.

Tonight, King Charles facing the first crisis of his short reign, his son Harry's Media Blitz. Harry ruling out to return to the UK and royal life, calling it Unsurvivable, blaming a third party, the British media. I don't think it's ever going to be possible. I don't think that even if there was an agreement or an arrangement between me and my family, there is that third party that is going to do everything they can to make sure that that isn't possible. Also suggesting he might not attend his father's coronation. If you're invited to the coronation, will you come?

There's a lot that can happen between now and then. But the door is always open. The ball is in their court. And on CBS, accusing Camilla, now the Queen Consort, of leaking negative stories to journalists. With a family built on hierarchy, there was going to be people or bodies left in the street. Animosity against the British media and tabloids going back to Harry's youth and the death of his mother, Diana, which he says resulted in his struggle with substance abuse. Even at 12, I mean, at that young, you were feeling that toward the British press? Yeah, I mean, it was obvious to us as kids.

the British press is part in our mother's misery. And I had a lot of anger inside of me that luckily I never expressed to anybody, but I resulted to drinking heavily because I wanted to numb the feeling or I wanted to distract myself from whatever I was thinking and I would, you know, resort to drugs as well. In the book published tomorrow,

he describes at least two physical confrontations with his brother. He was shouting at me, I was shouting back at him, And he snapped and he pushed me to the floor. And on British broadcaster ITV, he said the family feuding continued even after the Queen's death. We're here to celebrate the life of Granny and to mourn her loss. Can we come together as a family? He says being best men at each other's weddings was a charade. Harry was asked about the criticism he's facing that while he's publicly attacking the royal family

and now lives in the US, he and Megan are still holding on to their royal. titles. Why not renounce your titles as Duke and Duchess? And what difference would that make? He says he still hopes for a reconciliation. Do you still believe in the monarchy? Yes. Although on his terms. All right, Keir Simmons joins us now from London. Kira, I want to go back to that part about the Queen of Consort, Camilla. NBC News, as you know, has obtained a review copy of Spare. I want to read this section to it. It's about Harry's relationship with Camilla, at least how it started. He writes in part the only thing

we asked in return was that he not marry her, talking about his father, Charles, marrying Camilla. You don't need to remarry. We pleaded a wedding would cause controversy. It would incite the press. He goes on to say, shortly after our private summits with her, she began to play the long game, a campaign aimed at marriage and eventually the crown with Paul's blessing, we presumed. It sounds like there could have been a saving grace there with Camilla and the two sons, or at least Harry, because it's his book. But it sounds like as soon as sort of of Camilla, according to Harry, had this secret operation to get that queen title. Everything changed.

Well, you know, the king, then Prince Charles, desperately, desperately wanted to, if you like, rehabilitate Camilla, the love of his life in the eyes of the world, after everything that happened with Princess Diana, of course, Harry's mom. So this is so mixed up and difficult, Tom. But, you know, both of them, both Camilla and Charles, did have a campaign to rehabilitate themselves, to change the way that the world seed them, saw them. And in some ways, that's what Harry is criticising, because they kind of used the media. They did these deals with the media, these private conversations, these private agreements. That's what Harry hates so much. And then that story, it's painful, isn't it, to hear the idea that he didn't want Camilla to marry Charles or even that William.

didn't want to, but there was no way that Charles was going to accept that. Yeah, the more we read in this book, the more painful moments we see that Harry experienced, according to his accounts, of course. You know, it's interesting, Keir, you worked there in London for NBC News and all over the world, but you were a member of the British press. Prince Harry has some very, very sort of strong words of condemnation against the British press. But we've seen him on this media tour now, right? And he's done some British press, but he's done a lot of the American press as well.

I guess the question is, I've asked you this a lot. For somebody who hates the media so much, he's really sort of leaned in in a major way over the last few months. Yeah, it's a great question. In a way, it's the Gilded Cage, isn't it? He can't escape it. It's impossible for him. He's grown up with this.

Just think about it. Pretty much no matter what Harry does, there will be headlines written about him. It's in a way the same challenge that his father faced. This is what it is. You may as well lean in and try and do something about it. Of course, though, what Harry is trying to do is completely different from what his father tries to do. You know, Tom, I was here in London as a producer when Diana died and I was out on the streets and I was there around that funeral.

It's incredible to me now to hear what Harry has to say. When I was here, people were so angry. They so much wanted to hear from the royal family, hear emotion, hear passion, see the flag on top of. were Buckingham Palace there, lowered to half staff. And yet, Harry says, that was so strange to me. They didn't even know my mom. Interesting point, there's a difference between family and the institution. In some ways, that's where the tension is that Harry is describing.

We sort of saw some of that, right, with the Queen's funeral as well. And, of course, I was coming from the U.S., a visitor. But we asked the question so much people see the royals as an extension in some ways of their own family. I got to tell you, I sort of can't get enough of the problems. with William because to me it's just so sad because in the beginning of the book he talks about how William was always there for them, how they were there for each other, how, you know, it almost like they couldn't seem, they couldn't see going through life without each other, and now they have this split. And what was surprising to me is that they were still fighting

at the Queen's funeral when you and I were having conversation saying, maybe this is the first sort of extension of the olive branch, you know, where these brothers come back together, but that's not the case. Yeah. Yeah, that's right. And, you know, you hear from Harry in the book talking about how, you know, royalty is kind of about performance. It's so much about the image and that's something that really upsets him. But of course, it is. So when he says that he being best man for William and William being best man for him, that was just a charade, well, maybe it was, but it goes back to the same question of just the family versus the institution. We've known through history how, difficult it is to be a member of the royal family. That's what Harry is saying again. But let's just say this, though, there will be millions hearing what he has to say and saying, what is he moaning about? He's so privileged, he should just stop moaning. All right, Keir Simmons for us. We appreciate all your reporting and your analysis, as always. When we come back, the new queen

of the box office, the PG-13 horror film, Megan, raking in more than $30 million in ticket sales, more than twice what it cost to make, how the film's creators say social media help them slash the competition. Stay with us. Megan? Baby to ask you, don't pre-focus or we will go.

You have to shut her down. Jesus Christ, I thought we were friends. That is one creepy doll, but America seems to live. love her. That was a clip from the latest box office hit Megan. But even before hitting movie theaters, Megan was already an internet star. The horror film shattered box office expectations. And as Valerie Castro shows us tonight, it's largely in part to a viral marketing campaign. They've marched onto the field during an NFL halftime show and infiltrated the Today Show Plaza.

Don't provoke us or we will push you down hill. Look at them. Just staring at us. There they are, totally normal. The unsettling, glassy-eyed dolls promoting the newest box office hit Megan. Hi, I'm Megan. You want to hang out? Okay. The $12 million PG-13 can't-be horror movie starring Alison Williams debuted over the weekend and blew away box office predictions, selling 30% more tickets than expected. A shock to even the film's director who spoke to NBC's Callan Rosenblatt. I wanted people to like her and get a kick out of her, but I couldn't.

there's no way I could comprehend the reaction that we've got. It's just, it's unbelievable. It just, it makes me headspin, really. More than 40% of theater goers were under the age of 24, an anomaly in the age of streaming. Producer Jason Blum, who even dressed up like Megan at the premiere, tweeting an extra special thank you. Some of the success attributed to the buildup ahead of the release

through Megan's Twitter account, like this post with a public service announcement. Don't talk, don't text during my movie. or I'll find you. You need to learn some manners, run. And look-alike dolls making multiple real-life appearances, including on the New York City subway. Since the premiere, memes reviewing the film... A first was fun, then scary, then fun again, then spooky, but in a fun way.

...have taken over Twitter and that signature dance scene, as Megan makes her way down a hallway ripping the blade from a paper cutter to use as a weapon. Just before she's about to cut some... Cut someone in half. Is now a viral moment, inspiring people on TikTok to recreate the dance. Even workers at a movie theater acting out the moves. The same thing happening with the dance scene from Netflix's Wednesday

as fans dress the part and clone the choreography. I think whether it's costuming, whether it's the TikToks, anything where you can get people to feel a part of the fun, that is going to drive audiences to theaters because by the time they buy the ticket, they're not just going to feel like they're going to see. a good movie, they're going to feel like they're part of something. Megan and her killer instinct running away with box office profits is already slated for a sequel.

Valerie Castro, NBC News. Megan Part 2 coming to a theater near you. We want to thank Valerie Castro for that story, and we thank you for watching Top Story tonight. I'm Tom Yamerson, New York. Stay right there. More news on the way. Thank you.