Top Story with Tom Llamas - Monday, October 21, 2024

Episode Date: October 22, 2024

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.

Tonight, holding the blue wall, Vice President Harris on a last-ditch effort in key battleground states as former President Trump barnstorms North Carolina. Harris on a whirlwind tour through Pennsylvania, Michigan, and Wisconsin, where just a sliver of voters could decide the presidential race. Former Congresswoman Liz Cheney by her side urging Republicans to vote Harris, while Trump tours hurricane ravaged Asheville, bashing his opponent and hoping to hold on to the state that is slipping from his grip in the polls. Also tonight, the deadly helicopter crash in Houston. Questions over what went wrong as a chopper slammed into a radio tower igniting a fiery

blast, what we're learning about those killed on board. Cuba in crisis, electricity slowly returning as the island nation suffers from relentless power outages, frustrations boiling over as protesters take to the streets, the concerns over a potential humanitarian crisis, as people run out of food and water and a hurricane making matters even worse. The trial underway for a former Marine accused of putting a man in a fatal chokehold on a New York City subway. A man he claims was threatening to kill passengers. Video of the incident sparked intense outrage and debate. Was he acting to protect other bystanders or did his attempt at vigilante justice amount to manslaughter? What were learning about witnesses who could be called. Georgia dock collapsed new video showing

the frantic moments. People piled on top of each other. Gripping railing as the structure falls into the water. The investigation into what went wrong and why so many died. The state of emergency in Roswell, New Mexico, historic flash floods, residents caught off guard. Hundreds rescued some waking up to water rushing into their homes. New aerial footage showing the shocking aftermath, a trail of mud and destruction. We hear from one man about working against the current to get out alive. And Liberty reigns the New York Liberty winning their first WNBA title in franchise history, the thrilling victory after New York defeated the Minnesota Lynx in an overtime. In overtime, the emotional moments on the court, capping off a record-breaking

year for the WNBA. Plus, AirPod hearing aids, Apple's new headphone feature for those suffering from hearing loss. We'll explain how it works. It's pretty incredible. Top story starts right now. Today evening to you, we are just 15 days out from the 2024 presidential election, and both candidates are locked in an incredibly tight race. Vice President Harris and former President Trump working to show up votes in key battleground states as millions more Americans across the country become eligible for early voting. Harris working to fortify support in the blue wall states swinging through Pennsylvania, Michigan, and Wisconsin with former Republican congresswoman you see her here, Liz Cheney. The Democratic nominee hoping Cheney will win over

conservatives, disillusioned with Trump. Former President Trump spending his time in North Carolina, during Hurricane Helene damage in Asheville and holding a rally in Greenville. Trump wrapping up his day tour of the state addressing faith leaders in Concord. Trump narrowly held North Carolina in 2016 and 2020. Will he continue his streak? Harris devoting much of her time to those Rust Belt states you see here. Her easiest potential path to victory.

I'm going to show you that in a moment. Trump won the trio back in 2016, and Biden flipped them. in 2020. It's anyone's game for how this year will play out. As of today, more Americans are beginning to head to the ballot box as a wave of states kick off early voting. You can see them right here. And we spoke with several black voters in Michigan about what issues are driving them to the polls. The main issue is how they're trying to tell a woman what to do with her body. Definitely economy. You know, being retired, you know, my paycheck doesn't go up, but the groceries and the gas and everything else keeps that rocket in. Our reporters are out on the trail tonight. NBC's Garrett Hake is going to lead us off here in Top Story, starting from North Carolina.

Tonight, former President Trump playing defense in North Carolina. He's won the state twice before, but polls now show a coin flip contest. I will end inflation. I will stop the invasion and I will bring back the American dream. Neither Trump nor the R&C chairman saying today they'd seen any indication this election won't be legitimate. We're so impressed and I think they have a pretty good system here. But just hours later, Trump's still suggesting without evidence the election could be tainted

by fraud. The vote counter is more important than the candidate. That's been true, unfortunately. Trump also visiting Asheville, hard hit by Hurricane Helene, where he was pressed about his false claims about the FEMA response and threats FEMA workers have received. Well, I think you have to let people know how they're doing. If they're doing a poor job, we're supposed to not say it. It all comes after Trump campaigned in Battleground Pennsylvania. If we win Pennsylvania, we win the whole damn thing, right? But raising eyebrows with this lewd digression about Arnold Palmer, spending 12 minutes talking about the golf legend in his hometown of La Trobe.

And he took showers with the other pros, they came out of there. They said, oh, my God. That's unbelievable. I had to say it. Trump also holding a photo op at a Philly area McDonald's, working the drive-thru window to pre-screened customers. We love you. And scooping out French friends.

We've got the salt on it. Saying he doesn't believe the vice president worked at McDonald's for a summer in college. Harris responding today. That is my president. Do you work in a McDonald's? All while Trump supporter, billionaire Elon Musk, campaigning for Trump in Pennsylvania, is drawing scrutiny for saying he'll offer a million dollars

to one random registered voter every day if they've signed his petition in favor of free speech and the right to bear arms. If you already believe in the Constitution, you're just signing something you already believe and you can win a million dollars. That's awesome. his Democratic governor, Josh Shapiro, firing back. I think it's something that law enforcement could take a look at.

All right, Garrett Higg joins us. Garrett, so much in your report there to talk about, you know, and even where you are tonight just outside of Charlotte. But I do want to ask you about this Elon Mustang because it's a little strange. Is it essentially his own kind of lottery? That's exactly the way I would think about it, Tom. You signed this petition in favor of the First Amendment and the Second Amendment. Two issues that are kind of code.

differently politically around the country for a chance to win a million bucks. What Elon Musk gets is your information as a registered voter, and he and his PAC could then conceivably contact you and push information in your way to try to get you to vote a certain way. In his case, for Donald Trump. This kind of thing is unusual. The prize money is certainly unprecedented, and it's raising a lot of questions on the campaign trail. Yeah, so, you know, what do election ethics experts say? I mean, is this something that's going to be looked at? It could he get in trouble for this? Yeah. Well, look, there's two parts of that answer, Tom. Number one, experts say it falls into something of a gray area. You cannot pay voters to register to vote or to vote in a certain way. And the rules of this petition seem to skirt those kind of clear-cut rules very clearly. But that gray area is a bit confusing. And the other question is, does anybody get prosecuted for this or even investigated? Election laws are notoriously difficult to investigate. They're notoriously difficult to prosecute. Does anyone even try to?

two weeks before an election to touch something that could be so politically charged, even if it's found to be on the wrong side of one of these illegal questions. Tom, and I should add that we've reached out to Elon Musk's PAC and to him for more information about this so far. They have not commented back to NBC News. You know, you're there in a Red County, but you're just outside of Mecklenburg, which is Charlotte, which is going to be kind of one of those really important areas for Democrats. But it's got to, but where you are as a place where Trump's got to run up that vote, Give me a sense of what you're feeling there because, you know, we're going to be going county by county and kind of watching where these candidates are in these final days.

Yeah. Yeah, look, this event here now is his third event of the day. It is basically a religious revival mixed with a rally. We've seen. Greenwood was just singing behind me. We had several people coming out, including Franklin Graham, calling for prayers for Donald Trump. He does need to juice the numbers here. Tom, I'm struck by the fact that he is spending so much time in North Carolina at all this close to election day.

This is the state that every Republican is once. 2008. Trump even canceled an event in Georgia, canceled a speech in Georgia for tomorrow to come back to Greensboro, not far from here tomorrow. That tells me they see something troubling in their own internal numbers about this state. Juicing the numbers here with this crowd, mostly evangelicals, would be key to a Trump victory here. Yeah, Greensboro, the good old triad. Okay, we're going to be talking a lot about North Carolina the days ahead. Garrett, we thank you for that. Staying on the campaign trail, as we mentioned, Vice President Harris today is focusing her energy on Republican voters in three critical swing states, Pennsylvania, Wisconsin, and Michigan, all in an effort to bring a blue wave to the rust belt once again.

NBC's Kelly O'Donnell has this one. A battleground trio today, Pennsylvania, Michigan, and here in Wisconsin. I ask for your vote. Where Vice President Harris is looking for red bricks to fortify the Democrats' blue wall in a tight race. Donald Trump is an unserious man. but the consequences of him being president of the United States are brutally serious. Joined on the trail by former GOP Congresswoman Liz Cheney, who said she believes many women who object to abortion are also worried about consequences for women's health care from strict state abortion laws. That's not sustainable for us as a country, and it has to change.

Cheney, a fierce Trump critic who lost her Wyoming primary. in a landslide, now urging Republican and independent voters to back Harris. We're going to reject the kind of vile vitriol that we've seen from Donald Trump. We're going to reject the misogyny that we've seen from Donald Trump and J.D. Vance. Former President Trump's raw language included a new and profane attack on Harris Saturday. You're a shit vice president. The worst. You're the worst vice president.

Kamala, you're fired. Get the hell out of here. You're fired. The American people deserve so much better. Harris responded Sunday. What you see in my opponent, a former president of the United States, really is, it demeans the office. While today's events are framed around the seriousness of what is at stake, Harris pulled in.

star power over the weekend. Lizzo, Usher, and Stevie Wonder, who marked Harris's 60th birthday Sunday. Happy birthday to you. Back here in Wisconsin, the Harris team points out that in dependably Republican, Waukishaw County, 9,000 voters still chose Nikki Haley in the GOP primary over Mr. Trump, even after Haley exited the race. Haley has since endorsed Trump. And Trump allies like Lindsey Graham are calling Republican. home away from Harris. To every Republican supporting her, what the hell are you doing? You're supporting the most radical nominee in the history of American politics.

Kelly O'Donnell joins us tonight from Brookfield, Wisconsin. Kelly, great to have you on the show. So talk to me about Liz Cheney on the campaign trail with Harris and the Democrats, right? It wasn't too long ago. She was not a friend to the Democratic Party. So I'm wondering what's the reception been like for her on the trail. Well, certainly she has been well received in part because of what she has done, putting her own reputation on the line by not just supporting Harris, but now traveling with her and answering questions and talking about these issues. The Harris campaign believes that one area where they can drive up their vote is with suburban women.

Many have voted Republican over the years before, and they believe that Liz Cheney and others like her can be prominent emissaries to those kinds of voters. Also, today, we saw how the daughter of former President Gerald Ford, who, of course, came from Michigan, Susan Ford Bales, she's a lifelong Republican. She also endorsed Harris. Tom? Kelly O'Donnell on the campaign trail for us tonight. Kelly, we appreciate that. And as Kelly mentioned in a report there, the Rust Belt's going to be absolutely critical to Vice President Harris. And here's why.

Here's our road to 270 what if map, right? And the election map essentially looked like this at the end of the election in 2020. We've put seven states, the battleground states, and we've marked them gray right now. We haven't given them to either candidate. You have Nevada and Arizona in the west, Georgia, North Carolina down south, and then those Rust Bell states. So I want you to look over here. Harris is at 226.

If she wins Pennsylvania, she wins Michigan, and she wins Wisconsin. She rebuilds that blue wall that Joe Biden built. She's going to head to the White House. And that's why those three states are so important. It's why she's spending so much time and money there. That's why Trump's doing the same thing. So tonight I want to focus on the state of Pennsylvania. This might be the critical battleground state

in this entire election night. It's got the most electoral votes at 19, and it really is neck and neck in that race. It has been very hotly contested. No other state has seen more money or campaign visits from either candidate. Look at this right here. You can see roughly a dozen visits from each campaign

and more than $250 million spent on ads just through early October. It's also becoming an incredibly even state in the way of voter registrations. Three years ago, Democrats had more than a 600,000 voter registration advantage. That number now has been cut in half to just 300,000 voters.

And here are the areas I'll be watching tonight in the state of Pennsylvania. So Erie County, again, this is at the end of 2020. This is how it ended up. Joe Biden winning Pennsylvania, but it was very tight there. Erie County is really important here. It's one of those swing counties because it's a county that Trump won in 2016.

It's also a county that Obama won in 2012. So it swang both times, a double flip, if you will, and it's one that can predict the winner of the state overall. We're also going to be watching what happens in Philadelphia. In this area here, you're going to have so much of the vote coming out because it's a population center. It's also where Democrats have to run up the margins. Philadelphia is a place, though, where when we look at how Democrats have been doing,

they've actually been trending down slightly. And that's because experts tell us Trump has been able to make inroads with black voters and low-income voters as well. We're going to be watching there. And then finally, the Lehigh Valley right here, a very important area, an area that's growing in Pennsylvania, and also an area like right here, the city of Easton, North Hampton County.

This is one of those swing counties we're going to watch as well. You can see Trump wanted it in 2016, and then Biden flips it, but it was also very, very close. You're talking about less than 2,000 votes there. So for more on all things, Pennsylvania, we want to get more inside of what could be the most important battleground of this election. Dr. Mark Meredith is a political science professor at the University of Pennsylvania. He's been helping us understand this state, and he's going to be working

with the NBC News Decision Desicest as well. So, Mark, give us the three keys you're watching from the Harris campaign on election 9 in Pennsylvania. Absolutely. Number one is turnout. I think as you laid out, registration very even here in the state of Pennsylvania between Democrats or Republicans. And when you have an even number of registrants between the two parties, turnout is a key. And so the number one goal of the Harris campaign is try to get as many of those people who are Democratic registrants to have ballots cast. And then also, I know it's getting out that sort of crossover support in some of those suburbs here, especially in the Philadelphia area, places like Buck County, Montgomery County,

etc. Yeah, you really see it in the Harris campaign right now, a lot of visits to to those counties, to Bucks County, to Montgomery County, to Chester County, the Delaware County, bringing along Republican surrogates who are supporting her in this campaign. I think that's a spot where she may be able to win over some Republican votes to support her. So, you know, when I go back to the election map here, and we talk about what happened in the state in general. So Biden wins in 2020, but Trump was able to win in 2016, but it was so close, right? So what does Trump have to do to try to win this state back in 2024? I mean, just like Harris's number one goal is getting Democrats to the polls, Trump's number one

goal is getting those Republican registrants to the polls, and trying to rack up as many Republican registrants voting as possible. And then he also has to keep close margins right in the Philadelphia and around those suburbs. But, But also talk to me about Western PA, right? Because when we come out of here, fracking has been such a big issue. And when we talk about outside of Pittsburgh and Allegheny County, but these western counties, really, going all the way heading towards Ohio. How important is that for the Trump campaign?

Yeah, I could see those being a really important set of counties for the Trump campaign. In Allegheny County, where Pittsburgh is, we'll vote for Harris over Trump, most certainly. But those surrounding counties, these were counties that one time. provided a lot of Democratic votes. These are now solidly Republican counties. And I think this is a spot where, as a collection, maybe not any individual county, but taking these counties overall,

and you combine the votes there, that's a spot where Trump could run up a lot of votes. Dr. Mark Meredith, we thank you for breaking down Pennsylvania for us. And for our top story view is we're going to be doing this with all the battleground states as we get closer and closer to election night. Okay, we're going to switch gears down a little bit. Another major headline we've been following in Houston. Surveillance video captured the moment

a helicopter crashed into a radio tower and erupted into flames, killing all four people on board. Federal investigators now trying to piece together. What exactly went wrong? Tom Costello has the details on this one. Surveillance video captured the moment of impact, a private helicopter crashing into a 1,200-foot radio tower, which then collapsed in a fireball to the ground, igniting a large grass fire. With pieces of the chopper falling into a nearby neighborhood. I just saw the cell tower crumbling down.

Late this afternoon, NTSP investigators on scene documenting debris around the radio tower. The R-44 helicopter had left Allenton General Aviation Airport, carrying three adults and one child, headed for a helipad in downtown Houston. Flight aware shows a flying just 600 feet off the ground 108 miles per hour when it slammed into the tower, only a block from a Houston fire station, which immediately responded. There's a large collapse behind the station with smoke showing. No one on the ground was injured from the falling tower. While an FAA notice had warned pilots that some of the lights on the tower were not working, video appears to show at least one light was functioning as the chopper approached. It's the pilot's responsibility to maintain safe separation from the terrain and from obstacles,

regardless of the altitude that they're flying at. Radio towers and wires compose a lethal threat to helicopters. Earlier this month, a MEDAVAC chopper crashed in Kentucky after hitting a tower guide wire, killing all three crew members on board. As the NTSB and FAA investigate the Houston crash, authorities have not yet released the identities of those on board. The helicopter was owned by Porter Equipment, a construction company. Tom? Okay, Tom Costello, Tom, we thank you for that. We want to move now to our continuing coverage on Cuba, where residents are venting their frustration as food, water, and other supplies dwindle without electricity. The island nation is still struggling to recover from devastating blackouts that left millions without power for days just before Hurricane Oscar hit the island's east coast.

NBC's Valerie Castro reports. Outrage in Cuba after millions were left in the dark for days due to a collapse of the island's electrical grid. Some residents taking to the streets saying they were running out of food and water. This 88-year-old woman was left with only candlelight, while she cares for her daughter with disabilities. Showing our team in Havana that all the food in her fridge has spoiled. But on Monday, Cuba's electrical union announcing that efforts to fix the main power plant were successful, implying power should be restored for most Cubans.

NBC freelance reporter at Augustine on the ground in the capital city, where citizens are slowly recovering from the outage. Here in Havana, there are still places that haven't had electricity ever since Friday. No electricity means no running water and shuttered businesses. We came to this battered neighborhood to film and show that. But you know what? Five minutes ago, there were cries of jubilation. The lights finally came back on.

While the lights may be back on for some in Havana. Faith in the country's electrical system is starting to run out, following months of hours-long blackouts. Very strong, very This is in decadence And every more apagones and more apagones Imagine, you know, this is just to be a point of the colarse Entero.

Over the weekend, energy officials said power was expected to be restored to everyone by Tuesday. But Hurricane Oscar made landfall in eastern Cuba as a category one storm bringing with it heavy rain and life-threatening flooding. Oscar later weakened to a tropical storm, but with the threat of more flooding and even mudslides.

Issues that could continue to plague the island nation don't seem to be going away anytime soon. All right, Valerie Castro joins us now. Valerie, my parents were hearing from our family in Cuba over the weekend. It's an incredibly dire situation. They were asking for solar flashlights and obviously any type of food that we can send. But it takes a long time and the eastern provinces are so bad off. Do they have any reassurances this is not going to happen again? I mean, are they doing anything to improve the grid? So energy officials are warning that the problems are not over because of that lack of fuel that has been contributing to the problem.

And Cuban leaders say they place the blame on the U.S., specifically the U.S.'s embargo on the country. They say that has prevented them from being able to purchase more fuel and from being able to purchase the equipment and necessary supplies to repair those power plants that keep failing across the island. Yeah, but even their allies like Venezuela, cutting their oil shipments and a half, which is devastating to a place like Cuba that's not producing. Okay, we thank you so much, Valerie, for that. We do want to turn now to Oscar, which Valerie mentioned, is set to move north of Cuba. Tonight bringing heavy winds and rain to other parts of the Caribbean as well. I want to get over to NBC chief meteorologist Bill Karens. Bill, what's the latest? And, you know, some people have talked about this hurricane not being as powerful as other hurricanes we've seen this summer. Again, there's no weak hurricanes.

Yeah, the wind with this one was never a huge issue. It was a hurricane, but it was a low end, and it was really, really small. But the rainfall has been over the portions of eastern Cuba now for about 24 hours. One spot's reported 15 inches. Now, the terrain in this section, you're going to sit here to Guantanamo, there's a lot of big mountains. It tore the storm apart, but yet it also rings out all the rain. So they've had a lot of rain in these numerous locations. There's life-threatening flash flooding that's ongoing now.

We do think as we go throughout tonight, it's going to begin to pull away from Cuba. The rainfall will be ending, along with the life-threatening conditions. Then the storm was gone, Tom, by Wednesday. No effects on the east coast of the U.S. whatsoever. But it'd be nice if it can get out of Cuba, ASAP. Yeah, that'd be very good news for the people that they're suffering. Bill, we thank you for that. Still ahead tonight, the deadly boat dock collapse in Georgia.

Have you seen this new video? The terrifying moments the structure gave way, what we're learning about the victims and how this could have happened. plus the jury selection for the former Marine accused in the chokehold death on a subway performer. The details about the case and what that Marine claims happened that prompted him to act. And Israel firing off new strikes in Gaza and Lebanon, the state of the two-front war, as the U.S. tries to contain the volatile situation. We are back now with a new legal battle brewing for Donald Trump, The five men who make up the Central Park Five, now calling themselves the exonerated five.

They're suing the former president over his remarks during last month's debate. As a reminder, the exonerated five were a group of black and Latino teenage boys wrongfully accused of raping a woman in New York Central Park in 1989. After hours of interrogation, they confessed but later retracted their statements saying they were coerced. They pled not guilty, but were ultimately convicted and served several years in prison more than a decade later. DNA evidence and the confession of a convicted rapists prove their innocence. Today, now free and advocating for criminal justice reform, the group has filed the defamation lawsuit against Trump for these comments at his one and only debate with Vice President Harris.

They said they pled guilty. And I said, well, if they pled guilty, they'd badly hurt a person, killed a person, ultimately. And if they pled guilty, then they pled, we're not guilty. Okay, but all five had pleaded not guilty in the victim of the attack. which was horrific, survived. Trump's comments on the case go back decades when he published this newspaper advertisement in New York's four main newspapers just days after the five boys' wrongful confessions in 1989 course confessions, saying, bring back the death penalty and, quote,

they should be forced to suffer, and when they kill, they should be executed for their crimes. Joining me now is Shannon Spector, a trial lawyer who represents the exonerated five. Shannon, thank you for joining Top Story tonight. So do you have a case here, and what is your lawsuit about? Well, thank you, Tom, for having me. And I could not express it better than you did at the top of this segment. On September 10th in the debate with Vice President Harris, Donald Trump wrongly stated that these five men pled guilty.

He wrongly stated that they killed the victim. Neither is true. And in fact, these five men have been thoroughly exonerated. The guilty person admitted guilt. His DNA was matched to the victim. He was convicted. He went to prison. These five men not only were exonerated, but the DA filed a motion with the court to have their

convictions vacated. The judge signed that order. So there's no doubt that these men are not guilty. And Mr. Trump persists in this 35-year campaign of hate against these five men, even though he He knows better. He knows now for over 20 years that these men are not guilty of that heinous crime. The Trump campaign released a statement responding to your lawsuit, saying in part this. This is just another frivolous election interference lawsuit filed by desperate left-wing

activists in an attempt to distract the American people from Kamala Harris' dangerously liberal agenda and failing campaign. One of the five appears in a radio ad, as you know, for the Harris campaign. Does that bolster the Trump campaign's claims that this is politically motivated? No, Tom, it doesn't. I'm not here to talk about politics, about elections, or anything of the sort. We're seeking redress for these five men for being horrifically defamed in front of 67 million Americans during that debate.

I think it's unfortunate that President Trump had his campaign spokesperson. undertake that attack against these five men, instead of having his lawyer respond and say whether the lawsuit is true or false. This is a matter for the courts. What does the law say? Could Trump come out tomorrow and say, oh, you know what? I made a mistake. I was at the debate. I was under pressure. I simply misspoke. Would that be enough to drop this lawsuit or that's not enough? Tom, I don't know of any human being to whom Donald Trump.

has ever apologized. So I'm not holding my breath that he would apologize to these five men. But if he would do that, that would be fantastic. If he would issue a retraction, that would be fantastic. But I'm not holding my breath. Yeah. Finally, the exonerated five received $41 million from New York City when they were cleared in 2002. As you have mentioned, these comments from former President Trump sort of make them have to relive what they went through when they were sitting in prison for a crime. They didn't commit. What are your client seeking now?

They're seeking to clear their names once again. This has all been dredged up again. They've been accused on national television to a huge audience of having pled guilty and having killed this woman. Neither of those things is true. They're seeking a trial to clear their names. They're seeking damages to compensate them for their loss of reputation and their emotional distress, and they're seeking to have an award of punitive damages against Mr. Trump to punish him

and deter him from making these kinds of statements and taking this kind of conduct in the future. Attorney Shannon Spector, we thank you for your time. We thank you for sitting down with us here tonight. Thank you, Tom. All right, we move on now to the latest in a case that has sparked fierce debate in New York and all across this country. Jury selection underway in the trial of Daniel Penny. Do you remember him? He's the former Marine charged in the the chokehold death of a subway performer, Jordan Neely, the disturbing video captured by bystanders, triggering days of protests. But Penny's lawyers argue he was protecting other riders who were in danger. Rehima Ellis has the details.

Jury selection underway in the trial of Daniel Penny. The former Marine charged with fatally choking 30-year-old Jordan Neely in a New York City subway car. Where are the cops? Cell phone video of the May 23 incident. shows Penny restraining Neely in a chokehold until he lost consciousness. He was later pronounced dead at the hospital. Those images sparking protests across the city, with demonstrators calling for Penny to be held accountable. The 24-year-old was eventually charged with second-degree manslaughter

and criminally negligent homicide. He has pleaded not guilty. Daniel Penny should go to jail. That's the bottom line. The family believes that the person who killed, Their son, their cousin, their grandson should be behind bars because he did not have the right to do that. But others have called Penny a hero for stepping in to stop Neely, who they say posed a danger to his fellow passengers. Some witnesses telling police Neely had been behaving erratically at the time.

Penny has claimed Neely was threatening to kill someone. This is political. It's pro-criminal. It's anti-hero. In a video statement released by his attorneys just before. for his indictment last year, Penny defended his response. I knew I had to act, and I acted in a way that would protect the other passengers, protect myself, and protect Mr. Neely. After court today, Penny's lawyers arguing their client did not use lethal force. He had received minimal training in martial arts and in chokeholds.

The maneuver which he used in this case is taught as a non-lethal maneuver meant to restrain someone. But an attorney for the Neely family says Jordan, who was known throughout the city as a Michael Jackson impersonator, had struggled with mental health since the murder of his mother, but did not pose a threat. He had the right to be there. He had the right to be on that train. He had the right to be in pain. He had the right to scream out in frustration and anger. Whatever he was screaming out for, we had the freedom of speech here in this country, and Jordan was entitled to that same right without someone saying, You're screaming, so I'm going to literally choke you to death.

And with that, Rahima Ellis joins us now in studio. So the video is obviously going to be a big part of this case. But what other evidence do they have in this case? And what about witnesses? Well, in terms of evidence that the prosecution may have, the defense went to the court just recently trying to suppress certain evidence. And some of that evidence was the police talking to Daniel Penny.

And in that, he apparently said that he thought Neely was threatening. and, quote, I just put him out. That's not something that the defense wanted the jurors, these prospective jurors, to hear. But the judge denied that request, so it's coming in. In terms of other witnesses, you must know that the prosecution and the defense have been pouring over these cell phone videos that witnesses took on that subway train and expect that some of the people who took that video will be called to testify in court, probably for the defense, certainly. But I wouldn't doubt that the prosecution would call some of them as well. All right, Rahima, Alice for us. Rahima, thank you. When we come back tonight, the popular tourist town washed out by historic floods. Roswell, New Mexico, caught off guard as torrential downpours swept away cars and structures. We hear from residents about the scary moments feet of water rushed into their home. Stay with us.

Okay, we are back now with Top Stories News Feed and an update on a catastrophic dock collapse in Georgia over the weekend. Here's the new video. It shows the chaotic moments just after the collapse as people desperately cling to the ruined gangway, others trying to pull them to safety. Officials say in a quote, catastrophic failure caused the aluminum dock to give out, sending more than 20 people into the water. Seven people all over the age of 70 were killed. Three remain in critical condition. An opening statements began today in the retrial of the former Louisville officer charged in Brianna Taylor's death. Brett Hankinson is charged with depriving Taylor of her rights when he and two of their officers fired 32 rounds into her apartment during a botched raid.

Hankison pleading not guilty. Last year, a mistrial was declared when the jury was unable to come to a unanimous verdict. Next to the flooding disaster in New Mexico, the cleanup effort now underway after. after a record-breaking deluge left parts of the city of Roswell under feet of water. The National Guard and State Police conducting more than 300 rescues over the weekend. Guadvanegas is on the ground with the latest. Tonight, a trail of mud and destruction in Roswell, New Mexico, after the city received more than a third of its annual rainfall in just a few hours.

Y'all, this is insane. Two people declared dead with dozens taken to hospitals. The National Guard joining state police and local agencies to rescue more than 300 from the rushing waters. Danny Ford says he woke up to water inside his home. I mean, the water was flowing, it was flowing north, kind of northeast, like a river. I mean, even... All of this. Yeah.

So, I mean, I couldn't even get to my truck because of how strong it was coming up the road. So it was just at that point, we were just panic mode, trying to get water out to house. Some of his neighbors, like Mike Lantford, were left with no option other than risking their lives. to get out. By the time we got to the front door, and I'm serious, this took like in less than 15 minutes. The water was up here to the porch, and we were literally swimming through this. Our dogs were swimming, couldn't touch the ground, and all the current one to do is wash us away. Landford later joining others to help rescue neighbors stuck in their cars. I am sitting on the roof of my cop car. Even the county sheriff having to climb on top of his

vehicle as a wall of water came rushing through town. That is the side of my truck. With the water receding, the governor now declaring a state of emergency to mobilize resources and emergency funds. In the aftermath, climate experts taking notice as the storm broke a 24-hour rainfall record that stood for more than a century. And with the water receding, the cleanup effort is already underway. But for people in areas that flooded like this one, they're going to be returning to homes with inches of rain inside and others with structures that collapse like this one. Also, multiple vehicles have been swept by that water against trees, walls, or each other, like the ones behind me. It is going to be an extensive cleanup here. Tom. Time now for Top Sorey's Global Watch and the new wave of gang violence in Haiti's capital.

Haitian police clashing with gangs as they attack multiple communities in port of prints and set fires to homes. At least one person was killed. Authorities say gangs are trying to take control of the few remaining neighborhoods, not under gang rule. more soldiers and police will now be deployed to those areas. Brazil's president, Lula da Silva, canceling an official trip after suffering a minor brain hemorrhage. The 78-year-old leader fell, which resulted in head trauma. He also received stitches for a cut. De Silva was said to attend the BRIC summit in Washington, in Russia, I should say, and now must temporarily avoid long-haul flights.

The president is under medical supervision, but his staff says he is well enough to carry out his official duties. And King Charles met with some backlash during his trip to Australia. Indigenous independent senator, Lydia Thorpe, shouted, quote, you are not my king, and, quote, give us our land back. At King Charles, after he gave a speech to Australia's parliament, she was quickly removed from the chambers. Throughout history, British rule of Australia

led to massacres and discrimination of indigenous people who largely opposed the monarchy. Okay, we want to turn now to the Middle East and Israel's two front war. In northern Gaza, Israeli strikes killing more than 90 people. While across the border in Lebanon, Israel is a country. Israel is expanding its offensive to target banks tied to Hezbollah. This says the U.S. Secretary of State heads to the region in an effort to put a halt to the growing conflict.

NBC's Matt Bradley has this report from Lebanon. Even by Ghazan standards, Spade Lahia has become a unique nightmare. Nearly 90 people killed in this one small city in one weekend. This area has been largely cut off. The United Nations said today Israel has been preventing aid from getting in, something the Israelis denied. Today, 50 trucks carrying aid came into the north from Jordan, according to the IDF. Israeli forces have also encircled hospitals and shelters for displaced people. Across Israel's northern border, many in Lebanon now worry they'll suffer the same fate as those in Gaza.

The massacres that they've committed in Gaza and are now being carried out here in Lebanon, said they're this Lebanese man, destroying homes and causing displacement. This is well known and obvious. But U.S. diplomats say they're racing to put a halt to the fighting. That began when Hezbollah fired on Israel in solidarity with Hamas a day after the group's terror attacks on Israel last October 7. The Biden administration's special envoy, Amos Hochstein, was in Beirut today. Not just to find a treaty, he says, but a lasting peace.

that will enable this conflict to not just be over today and start again next week or next month or next year, but rather we'll be over so that everybody can go home and know that we are on a new era of prosperity. Hoekstein's visit to Beirut came after yet another sleepless night. Israel bombarded southern neighborhoods, this time targeting branches of a foundation the Israelis say Iran uses to finance Hezbollah. Just tonight, a new round. A sound of airstrikes south of Beirut coming perilously close to the city's airport.

After a month of these relentless attacks, the streets of Beirut are teeming with people who have fled areas where Israel is targeting has belonged. They're mostly Shiite Muslims, but some have found sanctuary here. This isn't a stained glass window. This was cracked when Israeli jets broke the sound barrier. And that's what these families are afraid of, but they feel safe here. This church reached across the sectarian divide, hosting about 70 people from over a dozen families, almost all of them Muslims. He says that this is what happened to his house.

It was hit last night. He says that it wasn't a military target. It was just civilians. There is safety here, but even this refuge holds reminders of the conflict raging outside. I've just had a baby, too, so I've got postpartum depression, said this mother. The war is making it worse, and I can't stop crying. And in addition to that U.S. Special Envoy, who's now here in Lebanon, we're also seeing U.S. Secretary of State Anthony Blinken in Israel.

He's headed there. He's trying to come up with some sort of deal to finally resolve the growing humanitarian crisis and hostage crisis in the Gaza Strip, negotiating with Hamas, whose leader was just slaying by the Israelis. The U.S. clearly hoping that this will create some sort of movement on a deal that has evaded negotiators for the better part. of the past year. At the same time, there's going to be some damage control

after the leaking of at least two documents showing that the Americans were watching Israeli plans for their retaliation against that Iranian missile salvo earlier this month. Tom? We thank Matt Bradley for that. Coming up, AirPods hearing aids. Apple's newest headphones can not only detect hearing loss

but also amplify sound for those who are hearing impaired. We're breaking down the latest technology with someone who has tried them. That's next. We're back now with the new Apple feature that could be life-changing for users who struggle with hearing loss. Apple's AirPods Pro will now offer new hearing health features

that will include a hearing aid function, a hearing test, and more protections for your ears. I want to bring in wired contributor Chris Knoll who has been using the beta version of this feature for more than a week now. So, Chris, this was a feature that was announced during that September Apple event. and we're seeing it roll out in the next couple of weeks.

Why did Apple come up with this feature? Was it always planned or was it some kind of technology they figured out afterwards? Well, I'd love to think that Apple was doing this completely altruistically, but the reality is there's big business in hearing aids right now. Hearing aids became legal to be over-the-counter about two years ago, and it's been a free-for-all in the market ever since. Big companies like Sony and Jabra have jumped into this space, and we've seen prices come way down and sales go way up.

Apple to go into this space right now. It just makes great business sense for them. And I think they can do a lot of damage in the market. How does it work? And you've been able to kind of test drive this so far. Does it work? Yeah, I've been using it for about a week and a half. If you've never used an over-the-counter hearing aid, the process is very similar. You just charge them up in your case, pop them in your ears, and wearing them right now. And you'll go into the iOS app and take a quick hearing test. This is about a 10-minute program that you just tap on the screen when you hear a noise at a certain frequency. At the end of that process, you get what's called an audiogram. That's a graph that shows where your hearing is great and where it's not so good. That's uploaded to

the operating system automatically and into the AirPods, and those changes are pushed out live. So everything you hear out in the world and also to streaming media. So when you're listening to music and movies. Those changes are made automatically to the levels you're hearing there. So it really just gives you a fine-tune adjustment to anything you're listening to. They're not the best hearing aids in the world, but at the price, they're really pretty impressive. So, Chris, does it work through that transparency feature? Because that's a feature on the AirPods where you can listen to the outside world while listening to your music. Is that kind of how it works? Yeah, it only works in the transparency feature. So there are board

modes you can use AirPods in, and that's the only one that hearing aid support is on in. And then how do you get the update into your Apple AirPods? Sure, sure. So this update goes live to all iOS devices next week. All you'll need to do is update your operating system on your iPhone, just like you would any other operating system update. And once you reboot, it's there. If you have AirPods already, the hearing aid system will be uploaded and ready to go. It's a first time I've ever seen anything like that on a hearing product, it's a game changer. Yeah, you know, I mean, I find it somewhat ironic, right? Because I use my AirPods a lot. I love listening to music. And I have worried about damage, about listening too loud. The AirPods and the iPhone even give you sort of updates if you're listening too loud for too long of a time. Is there something ironic about this that the AirPods that, and any headphone, really, that could have maybe caused

hearing loss is now being used to help you hear? Yeah, I don't know if it's ironic or finally if something great is coming out of us listening to music for too loud for all of our lives. That's true. This is really what's coming out in this is, you know, we've had that loud noise reduction mode like you just mentioned for a while. But the new hearing protection mode that's been added as part of this hearing aid support is a real game changer.

I've been wearing them at loud concerts all week. and it doesn't just cut loud noises like an explosion or a fire truck running by. It will mute everything down just enough to make it really comfortable and just kind of easier on your ears. So, and that's turned on by default in the AirPods now. Yeah, you just wonder if we're going to be in a world now where people just constantly have the AirPods in, they never take them out all day. Well, the social aspect of it is something I touched on in the Wild Review, and it is a it is a it is a something that I had to start every conversation with somebody with saying, hey, listen,

I'm not listening to music, I'm listening to you, and in fact, I can hear you better with these in. Yeah, no, it's a very good point. It also, you know, makes me believe that we're going to be consuming content at every second of our lives now. If we have sort of this interchangeable device now that we can listen, but also be consuming content at some point. Chris Null from Wired, we thank you so much. Really fascinating, and we learned a lot. When we come back, Liberty and celebration for all. The New York Liberty taking home the first WNBA championship in their franchise history. We'll show you the incredible plays that brought home that title and capped off a season that saw the league reach new heights. That's next. We are back now with the incredible

sports moment, nearly three decades in the making. The New York Liberty winning their first ever WNBA championship in an overtime thriller. In a do-or-die game five in Brooklyn, the star-studded squad, eking out the win over the Minnesota Lynx. A heart-pounding finale to a year of record growth for the league. Here's Stephanie Gosk. First ever championships, one at home, are especially sweet. The New York Liberty are WMBA champions. In front of a star-studded crowd, the New York Liberty,

one of the WNBA's original franchises, snagged its first WNBA trophy, outscoring the Minnesota Lynx in the final game of a best of five season. Man, we're WMBA champs. New York are nowhere! Star forward, Jankwell Jones, named Series MVP. I could never dream of this. I mean...

The lengths did not give the game away, the two teams trading baskets and the lead, going into overtime. The sting of last year's championship defeat still on the Liberty's minds. Last year, when we lost, there was more in the tank. And this year, that wasn't happening. And it did not, much to the delight of the loyal Liberty fans.

Once you go to one game, you're hooked. It's been fun watching them because they came a long way. Everything is in place and like we can keep doing this. The championship series tops off a record-breaking year for the WNBA. Record attendance, record viewership, merchandise has been flying off the shelves around the country. And while rookie phenom Caitlin Clark may have fueled some of that energy, last night it was all about the liberty. On Thursday, the champions will bask in the glory some more

with a ticker tape parade down Broadway. Stephanie Gosk, NBC News, New York. For more on last night's incredible win for New York. I'm joined tonight by Liberty Superfans, Isabelle Albee and Ellie Robinson, who is just nine years old. They're neighbors who met on a basketball court here in New York City and actually attended last night's championship final together.

Guys, thanks so much for joining me tonight. Thanks for having us. Thank you. Yeah, Isabel, you've been a fan of the WNBA since you were five years old and have been a Liberty and Season ticket holder since moving to New York. Tell us what the atmosphere was like last night. Well, it was electric. It seemed like it was sold out or close to it. So as someone who's been to a lot of games in the last 20 years, just seeing a full stadium even before we won was just, you know, an awesome feeling.

So it felt like kind of a win even before tip off. Yeah, it's been an incredible year for the WMBA. Ellie, what about you? You actually play hoops. What was it like watching your favorite team up close in the championship? I think it was an amazing experience. I'm so glad they won today. I mean, yesterday.

Yeah, I'm sure you are. It wasn't pretty, but we did it. Isabel, so I mean, you sort of watched the journey of the WMBA in your lifetime. What do you think it was about this year? I mean, okay, of course, Caitlin Clark, but, you know, there's been, like the WMBA has been an amazing product for, you know, 20 years. So I'm not sure what, you know, caused millions of people to turn on their TVs. I'm happy about it. And I hope that it, the WMBA remains as exciting and inclusive as a place as it has.

So, yeah, we're happy about the growth, but we want to keep it. Yeah, I think there's definitely not, yeah, not only Caitlin Clark, but other superstars, right? This year, incredible rookies. And then I think the more people watch, the more they excited they got about, not only the league, but all the teams and everything about it. Yeah. So, Ellie, I know, I'm being told you. Once they saw the, yeah. No, no, you're good, you're good.

Ellie, I'm being told that you share a name with a mascot, Ellie, the, elephant as well and you also had a chance to meet this mascot. Am I right? What was that experience like? That experience with Ellie, the mascot, was like a total win for me. What was your, what was your best moment, Ellie, this year? What was your best moment from the WMBA season? Best moment. The championship? Yeah. Championship. And so when you guys go to games, you guys are are hanging and you guys have become friends through basketball? Yeah, we met on this court. Ellie Hoops here every day.

And she's like the only girl I see on the court usually, so I just kind of went up to her and we made friends because I know what that's like. Yeah, no, I hear you. What are your guys' predictions for next season? Ooh, what do you think? If we get more players, I think it will be about the same, but still more hype. Yep.

Because we won a championship this year. So we might be able to win it again. And I think some people will have our number trying to win as well. The aces, the links. Yeah. So we'll see. All right, two big WMBA fans. We thank you for your time.

Congratulations on your team winning at all. That was pretty amazing. Thank you. Thanks for having us. Yeah. And we thank you for watching Top Story tonight. I'm Tom Yamerson, New York. Stay right there.

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