Top Story with Tom Llamas - Thursday, February 2, 2023
Episode Date: February 3, 2023A suspected Chinese spy balloon found over northern U.S., ice storm leaves more than 370,000 without power, Republicans vote to remove Rep. Ilhan Omar from the Foreign Affairs Committee, police killin...g of double amputee sparks outcry, a man shot at a protest over privatizing Puerto Rico's coastline, and the modern etiquette rules for tipping and dating.
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Tonight, breaking news as we come on the air, a suspected Chinese spy balloon detected in the skies over the U.S.
That balloon spotted hovering over Montana after flying across Canada, what the White House is saying about the threat level at this hour.
Also tonight, the deadly winter storm taking one final swing in the south.
Roads, runways, and power lines blanketed in ice, and so far at least eight people killed.
An Arctic blast now moving into the northeast will time out the frigid weekend ahead.
And an investigation underway in California after police fatally shot a double amputee,
the video showing the man wielding a knife, then moving away from officers.
But a second angle shows why his family is demanding answers.
In Vermont, a brawl breaking out during a middle school basketball game
when grandfather taken to the hospital where he later died,
what the school is now decided to do for the remainder of the season.
Plus security guards opening fire on protesters in Puerto Rico,
by a bitter battle over land ownership is now turning violent and just lucky to be alive.
We're going to show you the incredible moment that officers in Las Vegas pulled this man out of a car right before it burst into flames.
Top story starts right now.
And good evening. I'm Sam Brock in for Tom Yamis tonight.
We want to get right to that breaking news here on Top Story.
U.S. officials confirming to NBC News that they are.
are monitoring what they suspect is a Chinese spy balloon hovering in the skies over the
United States. Now, this news coming with tensions between the U.S. and China already extremely
high. Let's get right to NBC News, Pentagon Correspondent, Courtney Kubi.
Courtney, what more can you tell us about this balloon? And is it a threat?
Well, so as of now, senior defense officials say there is no threat to civilian aviation
because of the altitude that the balloon is flying and that there's no threat to people on
the ground. They also say that they believe that it's intelligence gathering.
capabilities are somewhat minimal. So overall, they've declared this not to be a threat, but they
are watching it literally minute to minute. And they've told me, senior defense officers have told me
that they are reserving the right to take some sort of kinetic action. Now, we know that
earlier this week, several days ago, they started monitoring this balloon. It came down through
Canada into Montana. When they, a Wednesday, when they started to be more and more concerned
about it and watching its possible track, Defense Secretary Lloyd Austin, who was traveling in
Manila at the time convened a meeting with senior military leaders. It was the middle of the
night in Manila, but he still brought them all together. They discussed the track of this
balloon and possible options, including potentially shooting it down. And Sam, it got to the point
where they even brought in some aircraft, including F-22 fighter jets, with the potential so that
they had the option of taking this balloon out. Ultimately, they decided the debris field it would
cause could be a threat to people on the ground. They presented options not in a recommendation not
to take it out to President Biden, and he agreed.
But again, as I said, they're going to continue to watch it.
It's still flying over the continental U.S. tonight, Sam.
Obviously, a very tenuous situation, Courtney.
Do we have any sense what type of intelligence the Chinese government is trying to collect?
We don't.
And the Chinese, by the way, the U.S. has reached out to them about this.
They have still not made any commitment that this is their balloon.
Defense officials don't want to say exactly what those talks or what that communication has looked like,
referring that back to the State Department.
But at this point, the Chinese still have not even said it's theirs.
The Chinese, of course, they have a lot of collection mechanisms for the,
even including here in the United States.
And apparently this is one, according to senior defense officials,
that does not present any new or increased gathering capability.
That's one of the reasons that they've decided to just continue to monitor it while it flies.
All right, definitely a developing situation.
Courtney Kuby, thank you so much for that reporting.
We move on now to our other major story tonight.
That deadly ice storm down south
where millions right now struggling through a fourth straight day
of freezing temperatures and treacherous travel conditions.
Now roughly half a million customers without power from Texas up through Tennessee.
These power lines in Arkansas just coated in ice, as you can see right there.
In Oklahoma, big rig losing control on a slick highway road,
skidding into oncoming traffic.
Amazingly, no injuries reported there,
but at least eight people have been killed since the start of this storm.
Icy conditions causing major headaches at the airport to at least 3,000 flights now, canceled or delayed.
That is just today.
And the East Coast now bracing for an Arctic blast.
Wind chills in the negative 50s expected.
Boston Public Schools already closed tomorrow due to the cold.
Now, Bill Cairns is going to have the full forecast for us in just a moment.
But first, Morgan Chesky is in Tyler, Texas tonight with this report.
After a wild week of spin-outs, slides, and slips, the paralyzing ice is starting to thaw.
But the South isn't out of the woods just yet.
I spun around six or seven times.
If it wasn't for that curve, I'd be completely off the bridge.
The freezing rain and thundersleep dissipating today.
But havoc remains in its wake.
Man, we slid on some black ice and almost got into a bad accident and we were stuck in the ditch.
Four days of icy roads have claimed at least eight lives across Arkansas and Texas.
And this close call in Oklahoma, police dash cam capturing a big rig swarving across lanes on I-40.
While in Fort Worth, a jackknife truck crushing this police SUV, sending two officers to a hospital.
At home, people struggled to keep their footing.
Definitely scary. I can tell you that. It's very slippery out here.
More than 400,000 customers are still without power across the south, with Texas hardest hit.
The most vulnerable turning to warming shelters.
There's just so many people that are down and out and have nowhere else to go.
Guad Vanegas is in eastern Arkansas.
the ice is beginning to melt and the temperature is rising, we still have large areas covered by
it. As you can see, it's still quite thick, and it takes just a small amount to cause an accident.
The skies are clearing, but not in time for the more than 700 flights canceled nationwide today.
500 alone in and out of Dallas, Fort Worth. And although happier days may be on the horizon.
A chilling prediction from Pennsylvania's most famous mammal meteorologist. Six more weeks of this winter
mess, maybe yet to come.
That is a lot to bear there.
Morgan Chesky, thank you from Tyler, Texas,
where it is about 38 degrees right now.
For more on this brutal system,
we turn to NBC News meteorologist Bill Karens.
Bill, look, this severe ice storm has delivered
a relentless what it feels like, 72-hour freeze to the south.
Is this thing easing up at all?
Slowly. Tomorrow, we ease up a lot,
but the temperatures only rose very, very slowly today.
Dallas is up to 34 degrees.
It took four days to get above freezing in Dallas.
So not a lot has melted with the temperature like that,
but at least things aren't icy anymore
and things are much warmer in Little Rock and Memphis.
Tomorrow we take these temperatures from the 30s,
and in some cases like Dallas and Fort Worth,
we may get up to almost 50 degrees tomorrow.
Little Rock could be up to 41.
Memphis should be in the low 40s too.
So we do have relief for this area.
In a couple days, we'll probably still have people without power,
but the ice will be gone.
All right, Bill, I'm scared to even ask this question.
question, but walk us through the potentially record-breaking Arctic air that's set to move into the northeast here in the coming days, including a city in Maine that could see negative 60 degrees. Is that a typo or that's for real?
It seems like it could be a typo, right? But a dangerous typo, too. So let's talk about where this air is coming from. It's coming from the Arctic. This is only the second time this winter. Remember right before Christmas, we had a cold blast coming down. This is only the second Arctic outbreak that we've seen throughout northern portions of the Great Lakes, Northern Plains, and then through New England. And this cold will bring gusts.
Busty wins with it too, and that's where you start to worry about hypothermia and also frostbite.
So 56 million people from Minneapolis, all the way at Peoria, Chicago, Detroit, Buffalo, Albany, Boston, Providence, Harvard,
a lot of the big cities all in northern New England under wind chill warnings.
And it looks like the worst of it in areas like Detroit and Chicago is going to be tomorrow morning.
Right now, Chicago is that windchill of like two, Detroit at 10.
When you wake up in the morning, we're about negative 19, negative 10.
And then that cold air rushes through New England.
Friday night's going to be brutal.
Northern New England, negative 34, and there you go.
In northern Maine, caribou should be around negative 50 to negative 60.
And, Sam, you get frostbite in two to four minutes in any exposed skin at those temperatures.
And that is why I live in Florida.
Bill Cairns, thank you very much for that update.
Turning now to Capitol Hill and the heated debate in Congress today,
the GOP-led House voting to remove Democratic Congresswoman Illinois from the Foreign Affairs Committee,
citing that her past comments condemned as anti-Semitic.
That was grounds for her removal from the committee.
NBC's Ryan Nobles brings us more.
Tonight, Democratic Congresswoman Ilhan Omar defiant.
And my leadership and voice will not be diminished if I am not on this committee for one term.
After Republicans took the dramatic step, voting to remove her from the Foreign Affairs Committee.
House Speaker Kevin McCarthy says it's in response to Omar's past comments,
which both Republicans and Democrats have condemned as anti-Semitic, including saying support
for Israel was, quote, all about the Benjamin's baby, and that Israel, quote, hypnotized
the world, comments Omar has apologized for.
When it comes to foreign affairs, especially the responsibility of that position around the
world with the comments that you make, she shouldn't serve there.
This new showdown after McCarthy kicked Democrats, Adam Schiff and Eric Swalwell, off the
Intelligence Committee. Democrats call it retaliation after they strip two Republicans from all
their committees for incendiary rhetoric in the last Congress.
There is nothing consistent with the Republican Party's continued attack
except for the racism and incitement of violence against women of color in this
body.
Signed so far of an increasingly bitter divide, like this heated clash in a committee
hearing this week.
It's hard to take that claim seriously if, in fact, an individual who in any way
supported an insurrection against the government of the United States.
I'm concerned that you may be disqualifying too many of your own members.
McCarthy argues things are better than they were in the past.
How can the American people be confident that you'll be able to get things done?
Because this is nothing like the last Congress where you move somebody from all committees.
I've had Democrats coming up to me telling me we're running it much better.
And Ryan joins us now from Washington.
Ryan, we know Speaker McCarthy was able to block representatives Schiff and Swalwell from serving on the House Intelligence Committee
because it's a select committee.
But the House Foreign Affairs Committee is not requiring members, of course, to vote on a step
that you described as dramatic.
So is there a precedent for this?
There is, and the precedent came in just the last Congress
when Democrats made a move to take two different members
of the Republican Party off of their committees,
and that would be Marjorie Taylor Green of Florida
and Paul Gosar of Arizona.
Now, the circumstances aren't exactly similar.
The reasons behind the movement by Democrats
and the move by Republicans this time around
are not the exact same circumstances,
But this is how this process takes place here in Washington.
And not everyone is happy about it, including some Republicans who at one point threatened to vote with Democrats on this particular measure.
They met with the House Speaker Kevin McCarthy.
And Sam, tonight, Kevin McCarthy is proposing a bipartisan panel to come up with a code of conduct for all members sitting on committees so that something like this can happen with a degree of due process added to it.
All right.
We'll see how that fares.
Ryan, thank you very much.
Now to that deadly police encounter in Los Angeles.
Tonight, video showing the moment right before police fatally shoot 36-year-old Anthony Lowe.
Now, just seconds before that, the double amputee seen carrying a knife as he is fleeing from officers.
His family now calling for answers and accountability.
Naila Charles has the latest and a warning for you that the footage you're about to see is disturbing.
Tonight, the deadly incident caught on camera, police confronting a double amputee, weapons drawn.
He's left his wheelchair wielding a knife.
moving away from the officers then in this video from a different bystander if you
listen carefully through the music playing you can hear the gunshots that killed
Anthony Lowe the view of Lowe obstructed by a vehicle his family now demanding
accountability he was running away from them and what's really heartbreaking is
that you can tell that he was in fear for his life this is a murder that must be
prosecuted. According to Huntington Park police, they had received a 911 call about a stabbing.
The victim said the perpetrator was a man in a wheelchair. Blocks away, they say they found
Lowe holding a knife and attempted to detain him, but Lowe threatened them. In a press release,
officials say the officers deployed tasers twice in an attempt to stop him, but the tasers were
ineffective, resulting in the fatal shooting. The lieutenant of the homicide unit from the L.A.
County Sheriff's Department, which is investigating the shooting, telling the L.A. Times that
officers in Huntington Park don't wear body cameras. The Sheriff's Department also telling NBC
News the stabbing victim, a 46-year-old man, is in stable condition at the hospital. NBC News
has not been able to obtain a police report filed for that incident. Despite being armed with a
knife and the alleged stabbing, Lowe's families saying he wasn't an immediate threat. There's no threat
that a person is doing to any officer when they're moving away from them. He was suffering from
mental depression from losing his legs. Today, his family filing a claim against the city,
a precursor to what could be a multi-million dollar lawsuit. My son, he broke down yesterday,
you know, asking God, you know, can he just get one more time, one more time with his dad?
Lo's family attorney says there's video from a nearby doctor's office that shows the entire
fatal shooting. He has requested it. Why haven't they shown it to us? Why haven't they published it?
We have requested the video from police, but have not gotten a response.
Now one week since Anthony Lowe's death, protesters are demanding answers,
criticizing police for what they call a lack of transparency.
Saddening from every perspective here.
Naila, Charles, joining us now from Los Angeles.
Naila, what's next for this family and certainly for this community in their quest right now for answers?
Sam, the family's attorney says he will be filing a federal lawsuit in the coming days
in addition to what he's filed with the city today.
The city not responding to our request for comment about that claim.
The Huntington Park Police Department says the officers are on paid administrative leave
and that they plan on issuing another press release in the next couple of days.
But that's not enough for the people in the community who say they want the names of the officers and charges.
Protests are planned for tomorrow and this weekend, so we expect this story to be ongoing.
Sam?
All right.
Social protest and legal action.
Ayela Charles, thank you so much for more on this shooting.
I want to bring in retired Los Angeles Police Department Sergeant Cheryl Dorset.
Cheryl, obviously, there is definitely a lot to consider in this case.
It is very layered, low, according to police, stabbed someone while brandishing a knife.
We saw it in the video and take out the knife.
But his family points out that it appears in that same video.
He was attempting to run away from officers best he could.
In your mind, would this be considered an example of excessive use of force?
Officers are only allowed to use deadly force as a last resort.
That means after you've tried everything else that you have available to you,
and while the department is saying that the officers deployed a taser,
and it was ineffective, I don't really know what that means.
I don't know if they fired the taser, and they completely missed him with the two cartridges
that are contained within a taser, and then once you deploy them, the taser is basically useless.
Do these officers have pepper spray?
do these officers have a baton? They certainly could have taken a position of cover and concealment
and then ordered Mr. Lowe to drop the weapon. They could have requested additional units to set
up a perimeter to contain him within that perimeter. So there were other things in my mind that
they could have done before they went right to deadly force. We see an officer walking behind him
almost stalking him menacingly with his handgun drawn. And so we only use that force necessary
to overcome resistance, imminent death, imminent threat of death. And I don't see that for the officers
or any bystanders in the limited video that they're showing right now.
Right. And as you point out, limited video, it's hard to tell necessarily the full extent of what
resources and tactics they attempted to exhaust there. But what's the protocol in a situation
like this? When you have someone who is disabled, does that fundamentally change the approach
in terms of engagement?
Well, in my mind, you know, someone can be dangerous and be disabled, so no, it doesn't
change things for me, but I mean, there is some culpability to go around.
Certainly, Mr. Lowe could have dropped the weapon and maybe have presented less of a threat
to the officers, and so this is going to hinge on what the officer's perception and perspective
was and understand great deference is given to an officer's version, particularly once they
kill you, and there's only one version to tell, and that's theirs.
which is exactly why body cameras are so important right now. And I would ask, we've learned that there were no body cameras worn by these officers, specifically because it's a smaller police department. They don't have them. In your mind, does that set off alarm bells here?
Well, you know, I don't know what their budget is, and certainly smaller departments have to be concerned about financial constraints.
And obviously, since these officers don't have body-worn cameras, maybe that's the reason.
And so, you know, while there's a lot of talk right now by the president about police reform and things that might make a difference, I don't know if on a federal level he can really compel a police department to do that, every department.
And there's 18,000 of them.
Each chief is their own king in their own fiefdom, and they determine what it is that they want to do and what they won't do.
And so we'll have to see going forward if this is going to bring about a change on that department.
Cheryl, in terms of the next steps here, we know that these police officers have been placed on administrative leave.
Do you think it's possible that they could also be facing criminal charges?
Well, that's certainly up to the district attorney, and so police officers' bill of rights gives them that due process where they are sent home.
with pay for at least 30 days pending an administrative investigation.
And I don't know how long the administrative investigation is going to take to adjudicate,
but on the LAPD, my chief would have about a year, 365 days.
So this could be very long and protracted investigation.
All right, Cheryl Dorsey, thank you so much for your insight here.
New details tonight now in the case against Adman Siyadh.
He is the Baltimore man, you'll recall, who spent more than two decades.
decades in prison for the alleged murder of his girlfriend, Heyman Lee. Now, the case, of course,
at the center of the serial podcast, Syed was freed last October, at least family, now wants
him back behind bars. Miguel Almaguerre has the very latest.
Out of prison, but back in court today, attorneys for Adnan Syed are pushing back on a plea
to reinstate his 23-year-old murder conviction. At Maryland's appellate court, the family of
Heyman Lee, Syed's ex-girlfriend who was found dead in a park, argued they were never properly
notified about a September hearing that suddenly led to Syed's release after years of doubt over
his conviction. Today, Syed spoke for the first time since his October release. Our family,
we've suffered so much, you know, just over the past 20, almost 24 years. And it's just really
hard for us. It's hard for my dad. It's hard for my mom. It's hard for my younger brother.
Sayyad's freedom came after prosecutors argued he was wrongfully convicted.
Vacating his murder, kidnapping, and robbery charges, prosecutors also cited DNA evidence that helped clear his name.
Syed became the focus of a documentary and the podcast serial, which questioned and re-examined his conviction.
But Lee's family says they were left out of the process.
Their mind is open to the possibility that this was,
wrongful conviction and that Mr. Syed didn't do it. We don't have enough information from
what was presented in the proceedings leading up to him being dismissed to know whether or not
that's right or wrong. We definitely understand that Hayes family has suffered so much and they
continue to suffer and it's just that we suffer too. Tonight after spending more than half his
life in prison, Adnan Syed is again fighting for his freedom.
And Miguel Almaguer joining us now from Los Angeles.
Miguel, obviously, this case has taken so many twists and turns over the year.
Years, what evidence do we have right now?
What are the judges need to see to potentially overturn his release?
Well, Sam, Lee's family has an uphill climb.
They'll need to prove that they were not given due justice that they should have been able to be in the courtroom.
Now, during that September hearing, Lee's brother was actually present via Zoom.
But the family says they wanted to physically be in that courtroom.
and they say because they weren't, they weren't given due process.
The three-judge appellate panel is now considering that request, Sam.
And what kind of timeline are we looking at here, Miguel, in terms of a decision from the judges?
Well, the judges don't have an official timeline here, but the lawyers on both sides of the case tell us this process will likely take several weeks, if not months.
They do expect a decision here by early spring, but we expect that to happen at least in the next couple of months, Sam.
All right, we'll see what the next chapter has to hold.
Miguel, thank you so much.
Turning now overseas to the latest on the war in Ukraine, Russia continuing its offensive in the east,
striking several apartment buildings in eastern Ukraine, rescuers searching through the debris for any survivors.
This is Ukrainian police carried out a mission to save a young girl from the brutal battlegrounds
and reunite her with her mother.
Ralph Sanchez is on the ground for us tonight.
Tonight, Ukrainian police in the besieged city of Bakhm on a special mission to find
six-year-old arena and reunite her with her mother. She's one of just 200 children left in
what was once a city of 70,000 people, police say. And as Russian artillery booms in the distance,
she's terrified. But clutching the hand of her teddy bear and wearing a specially made
flat jacket for kids, she steps into the open and heads for this armored vehicle. The battle for
Bakhmut taking a heavy toll on both sides, and Ukraine pleading with NATO allies to rush tanks and other
heavy weapons to the battlefield.
But back in Kiev,
Ukrainians aren't waiting for Western
help to arrive. Instead,
they're crowdfunding, raising
money to buy everything from machine gun
scopes.
And this is
American U.S.C.
is a nitrogen
scope. To the drones that have become
the eyes and ears of this war.
So this is more than $10,000
this drone. Wow. And
volunteers raise the funds, and
it's going to the front line.
The fundraising drive led by Sirhi Pratula.
Since the start of the war, he's raised more than $100 million.
How many of these have you sent?
About 4,500.
You've sent 4,500 drones to troops on the front?
Only if we talk about small drones.
Because we also are buying and bringing to the front line UAE's, you know, big planes.
Like President Zelensky, Sirhi is a former comedian.
But these days, there's little.
little time for jokes.
It's foundations that carry about lives of Ukrainian soldiers, and if we have possibility to do
something, to help our military, not just defend us, but also kill our enemies that come
to rape our women, to steal everything that they can touch, and to kill our citizens, so we
will do it.
Equipment brought in by land through Europe, loaded up in Kiev and then driven straight to
the front in the east.
every day, videos of thanks from the troops. Most donations are made online, but grandmother's
Stanislava and Alexandra came to give what little they have in person and in cash.
How else can we help, she says. We can't go out with a machine gun. Back in Battletorn,
Bakhmut, a rare happy ending. Arena reunited safely with her pregnant mother, Helena. A shell exploded
in our yard, she says. Arena has seen things.
No child should.
But for now, at least, she's safe in her mother's arms.
Raf Sanchez, NBC News, Kiev, Ukraine.
Credible reunion there.
Still ahead tonight?
The deadly brawl at a middle school basketball game.
Yes, I said middle school game, fist flying between parents and even some students in
Vermont.
Did it lead to the death of a man later that evening?
Plus, the arsenal of weapons found inside of a Los Angeles apartment, why authorities
believe the suspect may have been plotting a lot of.
large-scale attack. If you've ever purchased a Celsius energy drink,
maybe entitled to hundreds of bucks. We'll tell you why. Stay with us. We'll be right back.
We're back now with a shocking brawl between parents and even some kids at a Vermont middle school
basketball game. One of the men that was involved in that fight dying later at the hospital,
according to police.
This incident is highlighting egregious violence
at children's sporting events.
NBC's George Solis has more.
Tonight, this video of an all-out brawl
during a middle school basketball game in Vermont,
now at the center of the investigation
into a 60-year-old man's death.
What sparked the brawl is unclear,
but spectator fists are flying
amid a chorus of yelling and official whistles.
One witness telling our NBC
affiliate in Vermont. The violence erupted after a referee's call. Others disturbed by the
violence. I think last I just got completely out of hand. Vermont state police say Russell
Giroux was among the spectators that took part in the melee. In a statement, police note he had
left the school and was driving in the direction of his home when he stopped the car and called
first responders. He was taken to a local hospital where officials say he later died. The tragedy
It is shocking to this small northern Vermont community, also prompting a decision by school leaders to end spectator attendance for the remainder of the basketball season.
In a letter saying, quote, they cannot ignore the increase in spectator misconduct at school sporting events.
Equally appalled is Grand Isle County State's attorney Doug DeSavito, who's investigating the unruly conduct.
Their role is not to shout profanity or engage in any type of fighting behavior.
Scenes of violent spectator behavior being captured and spreading across social media.
Just last month, video of this fight between parents at a basketball game in El Paso, Texas,
prompting police to increase their presence at future games.
Unfortunately, the actions of a few usually dictate the result of what happens with police agencies.
A similar brawl involving both fans and players unfolded at another basketball game in this small Louisiana town.
Child and family psychologist Dr. Rick Weisport says some of the behavior,
can be attributed to stressors made worse during the pandemic.
I think people who are anxious and depressed
are much more likely to lash out aggressively
in a situation like this, too.
Is there such a thing as too much parent involvement?
Parents are really having a hard time with boundaries.
It's happening in schools too in many communities
that parents are micromanaging and way over involved.
Back in Vermont, authorities say an autopsy
was performed on the deceased,
but they're still working to determine Juru's exact cause of death,
including conducting toxicology testing.
A lot of parents,
are sort of losing touch as to, you know, why they have their children playing sports.
Those sports intended to be a safe outlet for children now becoming a blueprint for foul play.
George Solis, NBC News.
All right, we go to South Carolina now and the very latest in the Alec Murdoch murder trial.
Prosecutors alleging that he killed his wife, Maggie, and son Paul,
is a possible distraction for his financial fraud.
Video showed in court taken by Paul just before he was murdered.
show Murdoch at the scene wearing different clothing than when police arrived.
Let's bring in NBC News legal analyst Danny Savalos.
Now, Danny, in court today, the law firm's former CFO testifying that Murdoch was confronted
about $790,000 missing in client funds right before the same day that those murders occurred.
So I guess the question becomes now, can we connect the dots here?
How critical could that be in establishing a motive?
It's possible this kind of evidence shouldn't even come in.
Now, I'm a defense attorney, so maybe I'm biased here.
But there's a rule that says you cannot introduce what's called prior bad acts.
So you can't introduce evidence that somebody did something bad in the past if it's not related to the crime.
So the prosecution's argument is this is related to the crime.
This was his motive.
And prosecutors loved a crowbar in all kinds of things under the motive umbrella.
So what they're trying to do here is get this introduced as evidence of motive.
And the defense is arguing, no, no, no.
He may have been involved in other kinds of crimes.
but they're not relevant to this crime.
And to introduce that evidence would be evidence of prohibited prior bad acts,
or what we call bad character evidence.
So this is the kind of thing that if it comes in, it can be devastating
because the jury really isn't going to differentiate between motive evidence
and the fact that he's just generally a guy who commits crime.
So if this evidence comes in, it's going to be devastating for the defense.
And in a way, this also tells us that there's virtually no way that Murdoch will testify.
He has a right to, but he almost certainly won't because he would have to answer for all of these other bad acts.
And he just doesn't have an answer for it.
Danny, what if the evidence doesn't come in?
If the prosecution in this case has predicated its entire argument on the basis that there were financial crimes committed,
they were about to come to light, and then there's a distraction, Alec Murdoch killed his family members.
But it's not admitted.
Those financial crimes allegedly aren't admitted.
What does that do to the case?
I actually think it doesn't hurt the prosecution.
I think this financial crime motive has been a kind of weakness in the prosecutor's case.
I mean, think of it.
You are in major financial trouble.
You've been accused of crimes.
This happens to white-collar criminals all the time.
They don't kill their wife and kid.
So the jury might even struggle with that motive theory.
I'm not so sure that was a good strategic choice.
I mean, I'm sure they made the best choice given the facts they had.
But at the same time, this may be a boon, a benefit to the prosecution if it doesn't come in.
because I think this motive is a bit of a stretch.
They have plenty of evidence without introducing a motive.
Remember, motive is never an element of a crime,
but it can be evidence of intent and admissible in court.
All right, so we're going to see what the judge will do there.
Also, we've also seen Murdoch get emotional in court,
breaking down in tears multiple times.
But here's the thing.
One of the responding investigators said that Murdoch was not crying right after the murders.
He did say everyone reacts differently in this kind of situation,
but does that create an inconsistency?
and how the jury is going to look at him.
Yeah, you hit right on it.
I mean, I tend to think that jurors understand that people all react to different things,
different stressors in different ways.
Maybe he was in shock at the time, or maybe the prosecution's on to something.
Maybe someone who's a stone cold killer doesn't cry after they've shot their kids.
He apparently appears to be in distress on the 911 call.
They say he's not crying when he gets there.
Now he's crying in court.
So, I mean, I always think that evidence is a bit of a wash because either jurors do think that's culpability if you're not crying uncontrollably at the scene of a crime.
Or maybe they understand that we all react differently when we're having the worst night of our lives.
There's no question, and you hope to never find out for yourself.
And man, what the first couple of weeks of this trial, Danny, thank you very much for all of the insight on what's happened and what's maybe to come.
When we come back, a Las Vegas man lucky to be alive tonight, police rushing to the scene of a car crash near the Las Vegas strip.
How officers got him out barely in the nick of time.
Stay with us.
And back now with Top Stories News Feed.
And we begin with the cash of weapons seized from an L.A. apartment.
Authorities there said that they found multiple high-powered rifles.
rifles, 1,000 rounds of ammo, and bulletproof vests.
Police call to the apartment over a threat.
Investigators said that that type of weaponry, where some of it was located,
suggests the suspect may have been planning a large-scale attack.
Now, to the fiery rescue caught on camera on the Las Vegas Strip.
New video shows a police officer pulling a driver from a car after it crashed into a palm tree.
That car then bursting into flames just seconds later.
The driver was hospitalized with minor injuries and arrested for driving under the
influence. Popular energy drink company Celsius has reached an agreement in a class action lawsuit.
How does that impact you? Well, the suit alleges that the company misled customers by saying
the drinks contain no preservatives, while they do actually have citric acid, anyone who purchased
the beverage from January 2015 to November 2022 could receive up to 250 bucks. And an up-and-coming
Broadway star is declining their Tony Award eligibility. This is Justin David Sullivan, declining
to be categorized as male or female. The non-binary actor also plays a non-binary character
in the musical and Juliet. Tony organizers say that they are looking for ways to make categories
more inclusive. We move now to the Americas in the ongoing protests in Puerto Rico over landownership.
Tensions escalating over the weekend after one protester was shot in the leg by a security
guard clashes their mounting in recent months as private developers continue to build on public
land. Valerie Castro has the latest
and a warning that some of this footage
is graphic.
The sound of gunshots signaling
an escalation in tensions over land
in Puerto Rico. A protester
fighting against this private development built on
public land in Aguadilla was shot in
the leg over the weekend.
Elie S. Ermolina, a witness
to the brutality.
They're going to simply with a reclamo legitim, and this is that
is the devuelva to the
order of legal and juridic that has Puerto Rico.
The confrontation with the development's security guards was
captured on video by the protesters and the aftermath as the
injured man was carried out into the water to a waiting boat.
That's not even a transportation of emergency for these
people, because the developer has ferrado the access to
how do you feel knowing that it has gotten to this point that violence is now a part of this
equation frustrated scared because who do you go to to enforce the loss if you don't have the
police or the government yamisa lias was also there and arrested for civil disobedience
she says the clashes have mounted over this structure deemed illegal by porto rico's department of
natural resources or DRNA. It was ordered demolished in May but is still standing.
Pedro Cardona is the former vice president of the island's planning board, the agency
responsible for economic planning and land use zoning. That property shouldn't have been
used by the developer. However, this person has been enjoying that property and has been
actually renting it out, all sorts of parties and venues in this place. NBC News has reached out
to the developer, but he has not responded for comment. For years, many Buriquas have been fighting
to save their island from investors and construction sites that they say are destroying their
paradise. Beaches are considered public land. Activists say there are an innumerable amount of
unpermitted construction sites across Puerto Rico, claiming it's fueled by government corruption.
When we look at the Awadilla case, it's very similar to what is going on in other parts of the island.
However, there is one unprecedented circumstance here.
We had never seen a private security company open fire against protesters.
The office for the governor in a statement saying an investigation is ongoing.
Just last year, NBC News documented a peaceful protest at this site, which some say led to that demolition order.
This time the stakes are much higher.
Elias now planning to get her own license to carry a firearm.
She says she's willing to risk anything to defend the place that means everything.
I love my island.
I want my nieces and nephews to have the same life that I did to grow up,
going to the same beaches.
They're trying to sell it and take it away to reach
to reach people so the so we as the people cannot go that's against the law that's against the
law Valerie castro joining us now from new york valerie we could just hear the exasperation
the protesters voices you know first of all let's start with how that protester is doing who's
shot and there are any other injuries well sam his friends tell us that he is doing okay though
the bullet went completely through his leg other protesters claim that they
were hit with pepper spray and rubber bullets.
Man, is there an official investigation, Valerie, right now, into that incident?
Sam, police issued a statement on Twitter.
They say six protesters in all were arrested and given citations for civil disobedience.
They say they're also looking into reports that the protesters threw rocks in retaliation.
Police say the security guard accused of shooting the protester was also arrested,
and Sam, that weapon was seized.
Quite an exchange there.
Thank you very much, Valerie, for that.
report coming up next it's a segment that you might want to share with any rude people in your
life from proper tipping etiquette to when it is okay socially speaking to go someone after a date
we're going to walk you through a new list of modern manners just out today come on throw in a buck
uh-uh i don't tip you don't tip no i don't believe in it you don't believe in tipping
iconic scene from the classic film Reservoir Dogs. That movie, of course, more than 30 years old,
and yes, the rules of tipping do continue to evolve. It's one of the many topics covered in a recent
New York Magazine article listing, get ready for this, nearly 200 rules for, quote, existing
in a polite society. Imagine that. The list of modern manners includes everything from when to stand
up on a plane to whether it's okay to ghost after a first date. Some are definitely polarizing,
so let's bring in our etiquette expert right now. Thomas P. Farley,
also known as Mr. Manners. Thomas, thank you so much for joining us. Thank you, Sam.
Let's start with this right now. That article, Thomas, had several topics with nearly, as we mentioned,
200 updated rules, and it was hard to narrow down. We certainly had plenty of conversations about this,
but we wanted to start with the topic of money. The article gives updated guidelines on tipping
and says, when you're at dinner with friends, the bill should be split evenly, even if we didn't order
the same number of drinks or if there's a more expensive entree in the mix. Do you agree with that?
This is one of the most divisive topics that can divide friendship groups.
I feel very strongly that if you are out, and this is a random occasion where maybe you,
this one time ordered a little bit less, but another time you're ordering a little bit more,
to get petty about it and start splitting pennies, I think that is definitely not the way to go.
On the other hand, if you have in your group someone who, for example, doesn't drink
or who doesn't order more expensive items on the menu, I think it's really incumbent on the people
who are ordering more to be well aware of what's happening at that table and to speak up on the
behalf of the folks who are ordering less. Because someone else should not be consistently subsidizing
the big meal and the big spenders at the table. The big spenders and the big eaters really need to be
aware of that. Yeah, I agree with great wine comes great responsibility to your point. So let's also
stick with dipping right now. If you go to a coffee shop or a sandwich shop, it feels like this is sort of an
evolution from the pandemic, that now you're prompted to tip, whether it's a cup of coffee or
just a basic sandwich, and people do feel pressure about that. What's the protocol in those
situations? Sure. So the actual term for this is called tipflation. I'm calling it a tipping
invasion, because effectively, Sam, every place we go, every time we turn around, we're facing that
tablet that's prompting us to tip. And if we don't, we feel what I call the guilt tip, as we do that
walk of shame away from the counter. So here's the general guideline on this. Of course, if you're
in a sit-down restaurant situation, by all means, we tip, and by the way, those amounts have gone up.
15% is no longer seen as a whoppingly generous tip. Really, you're looking at 20% as your baseline
and up from there for even better service. But if you're getting a bottle of water at a counter
where a cashier is literally handing you a bottle of water and you're then facing that tip screen,
you, from an etiquette standpoint, are under no obligation to tip any more than you normally would
or anything at all. And the reason for that is the person working the counter is actually making
a minimum or fair livable wage, as opposed to the server in a restaurant for a sit-down experience
who is actually being paid much, much less than minimum wage, and the idea of the equation there
is your tip is helping bring them up to that livable wage. So don't feel obligated unless this is
takeout, where it was a complex take-out order, where they've assigned.
assembled your items really carefully, or this is your favorite coffee shop, for example,
where they always know your order and get it especially right. Then the person's put in that
extra effort, put in a couple extra dollars to thank them. So your point is it's contextual,
but yeah, that $5.50 coffee can become $7, so it adds up quickly. Here's another one, and it's
pretty controversial here. The article says, don't feel bad about standing up in the aisle
immediately upon the plane landing. What is your take on this? Because as a tall person, I know, I do like to
stretch my legs getting out of the aisle, but then you see people that just rush straight to the
front of the plane and don't allow the passengers in front of them to get out of their seats.
What's your take on that? Yeah, so it's this whole me first, me first, you know, let's face it,
none of us. I don't care if you're tall shore or anywhere in between. None of us feel like
spending any more time on that airplane than we already have, even if it was a short hop.
So I think as you're getting ready, as your aisle is now coming ready, if you particularly,
if you have luggage that you know is several seats in front of.
of you, perhaps you need to get up ahead of the crowd to be able to get your luggage out and to keep
things moving. This is really the goal. Keep things moving. On the other hand, if your baggage is
four rows behind you and you feel like you want to be the first one to stand up so that you can
then push your way to the back to get your luggage and then push your weight. This is definitely a
non-starter. So be efficient, be considerate, but being that first person out of the aisle to dash
off the plane, this is not a very well-matter person who does that. It's not a good look. Let's face.
on to texting right now, and the writers here say, do not ever text just K. They say it's
passive-aggressive, as in OK, but literally just the letter K. I mean, I'm a late-generation
millennial. I'm cool with this, but where do you stand on the matter? Right. So the nuance here,
and it's so easy to miss, it's not simply the letter K, it's K, period. So K-period is seen as
passive-aggressive, that you're actually, you're grudgingly agreeing with it, but you actually
don't agree at all, you're not very happy about it. Whereas, K, smiley face, K, exclamation point,
is seen as perfectly fine. This is what the magazine is saying. My take is, if you can't trouble
yourself to type the extra letter to write, okay, forget the period. Okay, I think that's far better,
and then nobody's worried about whether you're being passive-aggressive or not. Yeah, let's not
quibble over punctuation. Please. You know, also we have the whole work from home set up now,
and that is also spawning some questions. This article talks about whether or not it's a
okay, to message or email someone at any hour. And also, you know, is it polite or not to have
cameras on during video calls? So a couple different issues there. Where do you see this?
Sure. So when it comes to sending a message in the wee hours of the morning, the magazine
essentially takes the position that it's on the recipient if they didn't know better to turn
off their notifications. And if they haven't, it's their own fault if they get roused out of bed
by a ding on their phone. Once again here, I'm going to have to disagree. I love,
I love me some New York Magazine.
They're a wonderful publication.
I love that they've done that.
But here, I think really, if you're sending something, whether it's a work email, a work text,
a Slack message, whether it's personal or business, save it for after the person you know the person is going to be up.
And it's very easy to schedule these things.
So even if you feel you need to get it off your plate in that moment,
schedule it for a time that you know is an earthly hour for the person to be able to digest your message then when they've had their cup of coffee
and nod at 2 in the morning when they hear their phone going off.
For sure, Mr. Farley, we are going to go there now into the dating world.
This also says it's totally okay to ghost after a first date.
Would you consider that rude or okay?
So I think the nice thing to do is acknowledge the date,
whether you were the person who was asked out or the person who did the asking out.
Thank you so much. I had a great time and leave it at that.
On the other hand, if it was very readily apparent by the conclusion of the evening
that neither of you had a good time at all, and you have no interest in seeing one another
again. I think ghosting is entirely fine and perhaps prevents the other person from having to come
up with something nice to say, even though they really don't have anything nice to say at all.
Exactly. Read the temperature in the room. It is just that simple. Thank you so much, Thomas Farley,
with a wealth of information there. Thank you, Sam. We come back. Thank you, sir. Eggs for sale
from a young entrepreneur. And when I say young, I mean young. This Kentucky toddler is turning
her chores into income. And how is she helping her neighbors in the same process fight those
record high egg prices at the same time? That's story next.
And finally tonight, have you seen those grocery bills lately? Eggs for sale with the average
price right now for a dozen eggs doubling in the last year, one savvy toddler has turned her
tailie chicken chores into a business.
Little Aubrey Joe may just be three years old, but she already has some pretty big responsibilities.
Ew, ew, ew, ew.
Taking care of the family chickens is part of her daily routine with a little help from Mom Bridget.
You got to make sure it's clean, you know, and food, water, they need scratch grain, so it's a lot of work.
But what started out with baby chicks...
We're just going to hold her for just a minute.
put her back in there with her family yeah has turned into a full chicken
coop complete with the rooster the family never planned on selling the eggs
that they gather every day we just eat them or give them away we didn't
really sell them hold this one and I'll hold this but with store bought
eggs over five dollars a dozen or more
The calls started coming in.
We have a list of people that want eggs.
One, two, three.
Aubrey Joe only charges three bucks a dozen to friends and neighbors.
Ooh, you got a bunch of eggs.
Even taking her egg money, as she calls it, to the bank.
I'm teaching her work ethic, and, you know, she's getting to keep all the money from it because she does all the work.
But it's not all work.
But it's not all work.
Aubrey Joe and her flock know when to have some fun.
too. They chase me.
Those don't they chase all of them because they're so mean to me and they're picking at me.
They like chasing me.
She definitely exceeded expectations.
For Tom Yamas, I'm Sam Brock in Miami.
Stay right there.
More news is coming up on the way.