Top Story with Tom Llamas - Thursday, January 19, 2023

Episode Date: January 20, 2023

Alec Baldwin set to be charged in the deadly "Rust" shooting, President Biden addresses his handling of classified documents, exclusive reporting on child labor allegations inside meat plants, the San Francisco man charged after spraying a homeless woman with a hose, and Saudi Arabia's multi-billion dollar campaign to improve its global reputation through sports.

Tonight breaking news, the criminal charges announced in the deadly Rust movie set shooting. Actor Alec Baldwin facing involuntary manslaughter charges for his role in the death of cinematographer Helena Hutchins. Baldwin holding the gun that fired that fatal shot, but maintaining the weapon misfired why the district attorney tonight is saying that could not have been possible and that he did pull the trigger. Our legal analyst and a Hollywood and theater props expert standing by to break. it all down for us. Also tonight, the exclusive NBC News reporting, at least 50 children found working inside of a meat processing center. Kids as young as 13 employed to clean the slaughter houses in the middle of the night. The federal investigation now underway. In Washington, the Supreme Court wrapping up its probe into who leaked the decision that overturned Roe

versus Wade what that investigation found. An update tonight on the business owner in San Francisco scene spraying a homeless woman with a garden hose, the DA calling his actions, quote, completely unacceptable, what he's now been arrested for. Lost at sea, the incredible story of a survivor, a man stranded on his sailboat for 24 days until he was recovered by the Colombian Navy, the one food on board with him that he says kept him alive. Plus, AI versus art, a new technology capable of creating masterpieces with just a few clicks of a button. But, Can you tell the real thing from the computer? Our Jacob Ward puts that to the test.

And remembering a legend, David Crosby, dying at 81, the tributes pouring in for one of the biggest rock legends of his generation. Top Story, starts right now. And good evening. We begin Top Story tonight with that bombshell announcement. Actor Alec Baldwin said to be criminally charged for his role in the fatal rush. shooting. That deadly incident sent shockwaves through the entertainment world

and beyond. Cinematographer Helena Hutchins, just 42 years old, shot and killed on the set of the Western movie in October of 2021. Baldwin, the biggest star and a producer of that movie, seen in this video, rehearsing just moments before Helena was killed, a gun, you see

it right there in his right hand. Moments later, prosecutors allege Baldwin pulled the trigger firing that fatal bullet. Baldwin, however, has maintained he did not know the gun was loaded, and it misfired, but tonight the DA not buying that explanation, saying Baldwin's actions on set amounted to a, quote, criminal disregard for safety. Both Baldwin and armor Hannah Gutierrez-Reed charged with involuntary manslaughter. The assistant director David Halls pleading guilty to negligent

use of a deadly weapon and agreeing to testify against Baldwin. Just ahead, our full panel of legal analysts, plus a Hollywood props expert here to walk you through the charges. But first, you'll hear directly from that district attorney on why she has decided to press those charges and her reaction to Baldwin's claims he did not pull the trigger. NBC's Miguel Almaguer leads us off with that interview. We're in the room when the lady went on the shot. With prosecutors calling his actions on the set of rust, criminal disregard for safety, Alec Baldwin now faces involuntary manslaughter and a firearm enhancement charge for his role in the death of cinematographer Helena Hutchins. The district attorney,

The company's bombshell announcement means, if convicted on all charges, the famed actor could face up to six and a half years in prison. The gun was in his hand when he pulled the trigger, and that was the main action that killed Helena Hutchins. Prosecutors say Baldwin is culpable as both a producer and as the actor who held the gun that killed Hutchins. And let go with a hammer of the gun and the gun goes off. Authorities now say they do not believe Baldwin's statement, the gun misfired. Alec Baldwin said he never pulled the trigger on the handgun that fired. Do you believe that? That's not true.

And we know that from the FBI lab report. That gun would not have fired without the trigger having been pulled. Calling today's announcement, a terrible miscarriage of justice, Baldwin's attorney says, we will fight these charges and we will win. Do you think someone should go to prison over all of the evidence you've reviewed? Prison is not necessarily the goal. What I want is justice for Helena Hutchins, and I want people to take responsibility and take accountability for what their actions or inactions led to. After sorting through a trove of evidence that included body camera footage, police interviews, and forensic testing of the gun, the DA is also charging the movie's armorer Hannah Gutierrez-Reed with involuntary manslaughter, which her attorneys call the result of a very flawed investigation.

This was something that was more than mere negligence. It was people acting recklessly, people not doing their jobs, violating all of the standards that we all have to follow if we have a gun in our hands. Prosecutors say Dave Halls, the assistant director who looked at the gun before it was given to Baldwin, cut a plea deal with the DA for a lesser charge, getting probation after agreeing to testify against Baldwin and Gutierrez Reed. He's going to testify to the truth. He's not out to get anyone. He's going to testify to the truth. Tonight, a movie-set tragedy, and now the real-life consequences for the actor, the armorer, and the assistant director, who authorities say should have all prevented the deadly shooting. All right, Miguel, joins us now live from Santa Fe, New Mexico. So, Miguel, you spoke with the DA there.

The reason why he's being charged from your interview, and that they mentioned that he was both an actor and a producer is that they believe he had a duty to ensure the revolver was safe to handle. That's right, Tom. They say Alec Baldwin had a dual responsibility. As an actor, he should have checked that weapon. He should have made sure that there were no live rounds inside it before ever holding it. Also, they say, as a producer, it was his job to set security on the set. Another thing they say the actor failed to do, Tom. And Miguel, every single headline, nearly every single headline, has in bold letters, Alec Baldwin.

But we cannot forget this is really about Helena Hutchins, who died on that set. Has her family said anything tonight? Yeah, Matthew Hutchins, the victim's widower, says he supports charges. He also says no one should be held against the law. What's interesting, Tom, is recently we have learned that Matthew Hutchins did settle in civil court with Alec Baldwin, and he's also been named an executive producer in the film. That film was set to resume shooting this month. Whether that happens, whether they still move forward, anyone's guest tonight.

Tom. Okay, Miguel Almaguer, leading us off with that very big. interview tonight here on Top Story. And now we have our experts for a more in-depth look at this case. NBC News legal analyst, Danny Savalos, criminal defense attorney, Sarah Azari, who has a new true crime series, Death by Fame, and Kevin Williams, a prop department supervisor for the UCLA School of Theater, Film, and Television. Kevin, we've had you on Top Story before your analysis has been really insightful, so I want to start with you. We're going to have you play the role of expert witness tonight, if you will. What is the proper protocol for handling a gun and a shooting

scene onset? Clearly, there should not have been a live round, but the DA has already said, like, that is not even the point here. Did Alec Baldwin do anything wrong by pointing the gun and pulling the trigger as the DA says he did? You know, my feelings on the matter at hand is that everybody shares an equal amount of responsibility. Everybody had a role to play in the safety to make sure that that scene was taken care of under appropriate circumstances. So that being said, my process is to have the gun secured in a safe onset, either in a safe or on a truck, at which point in time when it's called for on set for the scene, as the armor, I would load that weapon, I would take it to set, I would demonstrate that the barrel is clear.

I would demonstrate that the rounds loaded within that gun were actually dummy rounds or were blank rounds, whatever is called for for the scene. And then the gun would be handed over to the performer, who then would also verify the same thing before engaging with the action called for. But, Kevin, I want to ask you usually in shooting scenes because this is your world, this is not our world, and maybe Alec Baldwin's a method actor.

I don't know if he is. Is the protocol ever to pull the trigger with the gun, regardless if there is a dummy round in there? It depends on the scene trying to be captured. If you're trying to see the gun discharge where the actual muzzle flash is going to be added in with VFX afterwards, then yes. But again, it's all based on directorial choices. So it's hard to say. And then I guess let's put all the pieces together if we can, Kevin.

Is pulling the trigger, pointing the gun at the cinematographer? Is that all standard protocol? Could that all still be sort of part of the scene and standard procedure? Or is one of those steps wrong? Because there seems to be a lot being made about actually pulling the trigger here? Yes, so long as same. protocol is in place and certain protocols that would require such an action would use the ballistic shields in order to make sure that if you were using a blank

ground or if it was a steaming question that could be even more danger but that would then be on the safety supervisor for the set who I believe was also David Halls so again it seems like corners were cut and they were trying to make their day on a budget and the hard truth is if the producer can't afford to do it safely then they shouldn't be doing it at all it's a very good point Kevin standby I want to bring you in here. Alec Baldwin, obviously, is a famous actor. Maybe you could argue, as I said before, that he is a method actor. He was very much into this scene. He's also a producer. Is that what's hurting him possibly in this case and why he's been charged so seriously?

Yeah, I want to point out. I still have a lot of questions, because I haven't seen any actual charges on paper. And that would give me a lot of idea about what exactly the theory of the cases. Because arguably, there are two ways to approach this for the prosecution. They could say, hey, as an executive producer, you, Alec Baldwin, were aware of all these dangerous things going on on the set, and that was your reckless disregard of safety that warrants involuntary manslaughter charges. Or they could be going to the other end of the chain of command, him as an actor holding the firearm and recklessly, allegedly, pulling the hammer back, or as he alleges, he never pulled the trigger. The prosecution says they can prove that he did

pull the trigger, but even if he did, can they prove that he was reckless and disregarded a risk if he believed the gun was not a gun? And I'm using air quotes because if it's a prop in his mind, it's not a gun. That is going to be a challenge for the prosecution, but you're right. There are two viable theories of criminal responsibility that almost bear no resemblance to each other. Yeah, Sarah, I want to bring you in now. Before I do, though, I want to put this on this screen. it's a statement given to the New York Times by a special prosecutor appointed in this case, Andrea Reeb. She says we are trying to definitely make it clear that everybody's equal under the law, including a-list actors like Alec Baldwin. Sarah, they're going out of their way to highlight that

Alec Baldwin is almost Hollywood royalty here. Is that a danger for the prosecution, or do you think they're trying to put pressure on him to get a plea deal? Well, I think the fact that he's an A-list actor is exactly what they're using as clickbait. You know, they're trying to make an example of him. You know, I call these cases cases of celebrity injustice, okay? Could they have charged him? Of course. Technically, yes.

But I didn't expect this. And I didn't expect these charges, one of which has a firearm enhancement that carries, takes the 18-month sentence to five years mandatory. Okay. And that's what sort of was a red flag to me. But to Danny's point, I think this is going to really turn on the standard that is presented to this jury, that this jury adopts, okay? Because when Alec Baldwin's handed a gun and said, you know, and told that it's a cold gun, did he have a duty to check that gun himself? Now, I recently interviewed on my Death by Fame podcast going with the series, one of the experts that the prosecution is using in this case. And he told me that there is no Hollywood exception,

that the universal gun safety rule as standard is that any time that you lose possession and custody of a gun, you have to assume that it's unsafe. So under that standard, which I'm assuming the prosecution is going to go with, that means that Alec Baldwin failed a duty, and therefore he acted with reckless disregard of life, right? Involuntary manslaughter. But that's, you know, and then, of course, from the defense perspective,

it's going to be the Hollywood standard, which is an actor should be able to rely on the safety of props given to him and that those responsibilities of checking a gun belong to people like Hannah Gutierrez and other crew members. So that's really the issue here. But he has been terribly overcharged, and I think this is going to come down to what the prosecution can prove that he knew.

And as a producer, no. I'm sorry, this is my curious liability goes up or is not sideways. What you were saying earlier actually leads to my next question, which is what actually happened, and him either pulling the trigger or not pulling the trigger. Let's roll what he told ABC News in a sit-down interview about this incident. It wasn't in the script for the trigger to be pulled. Well, the trigger wasn't pulled. I didn't pull the trigger. So you never pulled the trigger.

No, no, no, no, no. I would never point a gun at him and pull a trigger at them. Never. That was the training that I had. You don't point a gun at me and pull the trigger it. I want to go to Kevin now. Kevin, is it possible? because the FBI apparently told the DA and the DA saying that is not possible. And I'm assuming they're saying that because they examined the gun.

But have you ever heard of a case like this where it misfires on set? Has that happened? Not without intently pulling the trigger. I've never had that experience. And, you know, frankly, I can't imagine that there would be a gun that would do that. There's single action. There's double action not being familiar with the particular firearm they were using in which case it may have been a double action,

which means he may have pulled the trigger without knowing that he was putting enough force on it, which would then allow the pistol to fire. Danny, how devastating is that interview in Alec Baldwin's own words? Will that come back to haunt him? I actually don't think so, and I may be in the minority here.

Here's why. This is why I think it won't hurt him that much. Number one, it's a traumatic experience. He may misremember, but remember, this is Alec Baldwin. It wasn't that long ago. Johnny Depp walked into a trial dressed like a pirate and talking in the strangest way possible, and he won his case. My point is, Alec Baldwin has been charming people for decades now. He has

whatever it is to be a movie star. And we've seen from this summer that enough charisma, if he gets on the stand and explains, I thought, you know, his charisma came off during that interview that we just saw. He's obviously, he knows out to express himself, even if they call expert after expert to say, it's impossible. It's never, it couldn't have. happened that he didn't pull the trigger. Number one, I rather suspect they'll be able to find at least one expert out there who will say the opposite. Then it becomes battle of the experts. And number two, he may convince one or two jurors when he gets up there in the most heartfelt manner and says, I am telling you, ladies and gentlemen, I did not pull that trigger. I don't think

that statement hurts him all that much because it may not end up being perceived as lying, but it may even be just sort of traumatic memory loss. Sarah, the assistant director took a plea deal. think Alec Baldwin, he's now going to have to have this drawn out. Why don't you think he took some type of plea deal here? Because he's Alec Baldwin, and he's denying liability. He's denying even pulled the trigger, right? He's denying that there was any safety issues on the set, even though there's overwhelming evidence of safety issues on Rust. The question is, was he aware of those as a producer? Because he calls himself a creative producer. He recently sat down on Chris Cuomo's podcast

and repeated much of what he said on ABC, but also said, you know, as a producer, I was unaware because my job was the creative part. And to some extent, I think that statement may not hurt him. You know, this is different than a civil case, right? We've got multiple

production companies that comprise Rust, and we've got multiple producers each having different responsibilities. So charging him criminally as a producer, I think, is a dead end. Finally, real quick. But yeah, I mean, I think, yeah.

Sarah, just real quick, because I want to get to this. Two involuntary manslaughter charges, Danny, we were talking about this earlier. They are different. One of them carries 18 months maximum of the other five years. Do you think this was a ploy to pressure Baldwin to possibly take the plea deal on the first charge? I'm trying to see the prosecution's perspective here, but I do believe this was overcharging and overcharging in order to induce a plea agreement. And that couldn't be more evident than the fact that look who they went to,

cooperate. Someone you've never heard of, right? The other co-defendant, he pleaded guilty, now he's going to cooperate. Does that seem right in terms of the relative culpability? I mean, the prosecution already said each of these people failed to do their jobs. What that indicates to me, including the prosecution statements to the press about something to the effect of, you know, you hot-shot Hollywood people are equal under the law like everybody else. That gives me concern, because just like Sarah said, I can't help but wonder if they're looking at Alec Baldwin, as a trophy to put on their small town wall of justice there in that town. I mean, that gives me a lot of concern about this.

Sarah, briefly, just because we're running out of time, if you were advising Alec Baldwin right now, what would you tell him to do? Keep fighting? Well, first, stop talking. I mean, he's been nonstop, right? And now here we are. I mean, of course, exposure was always there, but he definitely didn't expect it. And I would say stop talking.

obviously fight the case. This is going to be a battle of experts, get the best experts that are out there to refute what the prosecution is putting up, because it's really going to turn on what the standard was and whether he failed a duty, whether he had a duty. Sarah Azari, Danny Savalos, Kevin Williams, we all thank you for your time tonight here on Top Story. I do need to turn out to another major headline breaking moments ago. President Biden speaking out on those classified documents after more than a week of silence. I want to bring in Chief White House correspondent Peter Alexander, who's been standing by for us. He joins us now live from the White House. Peter, walk us through what the president said. Yeah, Tom, as you know, President Biden has been under fire for a week now for ignoring mounting questions about those classified documents. Tonight, he is responding for the first time since a special counsel was named to investigate

his handling of classified materials. Materials found both at his former private office here in Washington, D.C., and at his Delaware home, including inside his garage. Here's what President Biden had to say a short time ago. Take a lesson. We found a handful of documents were filed in the wrong place. We immediately turned them over to the archives and the Justice Department. We're fully cooperating looking forward to getting this resolved quickly.

I think you're going to find there's nothing there. I have no regrets. I'm following what the lawyers have told me they want me to do. It's exactly what we're doing. There's no there there. Thank you. So a couple key takeaways there. You heard President Biden say there's no there there.

He doesn't regret that the White House didn't speak sooner about all the information that it had publicly. In fact, as he says, they're fully cooperating with the Department of Justice. They provided the documents when they found them immediately to the National Archives. There are still, Tom, though, several key questions that remain unanswered here, including how many documents, exactly how many documents were found, and why they did wait two months to tell the public what they had discovered. Tom? Yeah, still lots of questions.

All right. Peter Alexander, on that breaking news, Peter, we thank you. Now to the disturbing allegations of child labor and meat processing centers in the U.S. Exclusive NBC News and Telemundo reporting shows a Department of Labor investigation found at least 50 children working overnight shifts, cleaning slaughterhouses across the Midwest. The federal government is now looking into whether any of the children were victims of human trafficking. Or Julia Ainslie has this troubling report. A little before midnight in Grand Island, Nebraska. dozens of workers file into one of several slaughterhouses across the Midwest.

And tonight, officials from the Department of Homeland Security tell NBC news, federal investigators are looking into whether 50 children who were illegally employed by Packers Sanitation Services, or PSSI, some as young as 13, were victims of human trafficking. In August, the Department of Labor opened an investigation into PSSI, scouring company records from 50 locations. So far, they say, at least 50 children were found to be working graveyard shifts for PSSI and at least five locations, including the Grand Island plant and a second JBS Foods plant in Worthington, Minnesota. Audrey Lutz has been helping migrant children who say they worked at the Grand Island plant. It was the hardest phone call of my career to receive that there were children and young children, you know, 13 and 14, working out at the meatpacking plant and on the cleaning crew. In court filings, the company did not deny hiring children, but attributed it to rogue individuals who presented fake identification.

You met them. Did they look like adults to you? I would have a hard time ever calling the people I've met with adults. They certainly look, especially the youngest middle schoolers, no way to pass as an adult. PSSI's 17,000 employees clean the largest meat processing plants in America for household brands at 700 sites across the country. Former employees we spoke to said it's a dangerous working environment. But be prepared to undergo extreme temperature changes from hot to cold, withstand wetness and humidity, and work around chemicals. Lute says she thinks the children may have been part of a

trafficking scheme that led them to work at a slaughterhouse in her town of just over 50,000 people. There's too many coincidences with these children to think that this wasn't some kind of plot entertained by a trafficker, a coyote, a smuggler, or potentially even somebody who worked for PSSI. A spokeswoman for PSSI says investigators from Homeland Security investigations have not contacted the company and said in a statement, we have always taken rigorous steps to comply with the law, including use of the government's e-verify system for new hires, extensive training for all hiring managers, multiple audits, and use of biometrics. So far, no penalties or fines have been imposed, but Lutz is calling for accountability. They are responsible for hiring minors and noticeable minors in facilities across the country.

And they need to pay that price, either financially or criminally. All right, Julia Ainsley joins us now from our Washington, D.C. Bureau. Julia, you have reporting, I know that DHS is also looking into whether the children were possibly victims of human trafficking. That's right. And DHS investigators have said that they've so far found no indications that the company, PSSI, actually would have been part of a trafficking scheme so far, but they are looking at who may have profited off of this, who might have supplied them with fraudulent documents, or have given them housing as part of what could be a human trafficking scheme. So some of the kids you mentioned were as young as 13, how did authorities figure out that there were children possibly working at these plans? Well, it actually goes back to 2016. There was a police report from that time where teachers were reporting a young girl who was in class with burns.

And they're also because of the chemicals that they were using to clean. And she was found, it was found to be overnight from her PSSI job. This is back in 2016. At the time, local police investigated her parents. But PSSI was never a defendant in that case. Okay, Julia, Anzley first. Julia, we really do appreciate it. Okay, we want to turn now to the weather which we've been covering all week,

and we'll take you first to Colorado, a crash. They're involving nine semi-trucks and 12 passenger vehicles shutting down a major highway. And up to two feet of heavy snow blanketing, Hastings, Nebraska, creating treacherous wide-out conditions, 12 million still under winter alerts from the Midwest to New England. I want to get right to NBC News meteorologist Angie Lassman for the forecast. Angie, thanks for joining Top Story tonight again. Where's this storm headed? It's continuing to the east.

where we're going to see the main impacts for places like the Northeast and New England tomorrow, and even right now, but there's been major improvements across parts of the Great Lakes. We'll still have some lingering snow showers, and we still do have some strong storms working through Ohio, but we've seen some improvements in the way that the severe thunderstorm watch has expired. There is still a warning and effect for places like Cleveland. So we'll still watch for the impacts for some of these stronger storms to develop through the rest of the evening hours. You can see the main threat we're looking at as strong winds, up to 60, 70, even 80 miles per hour as possible. We've already seen damage reports

as far as wind is concerned in parts of eastern Indiana. Now, as we move through the evening hours, that threat will diminish, and this system will continue as trek to the north and east. We'll have a secondary low develop, and you can see these lingering snow showers that will be left over for places up and down New England, mostly interior areas, that

rain that we've been dealing with in places like New York. It's on the way out, and we'll have a drier day tomorrow, but the snowfall in places like Vermont and New Hampshire will be anywhere from six to eight inches, Tom. Okay. Angie, thank you so much for that. Now we have the amazing rescue of a man who says he spent almost a month lost in the Caribbean Sea, living off nothing more than a bottle of ketchup and some seasoning. Colombian authorities finding him nearly a thousand

miles away from where he started. NBC's Morgan Chesky has this story. Tonight, the incredible story of survival. A Dominican man who says he spent 24 days adrift on a sailboat rescued by Colombian naval officials in the Caribbean Sea. The survivor, Elvis Francois Speaking out about the moments, he had almost lost hope. 24 days, no land, nobody to talk to, don't know what to do, don't know where you are. It was rough. At a certain time, I lose hope, I think about my family. Francois telling officials he had made it through the harrowing experience with just three things to eat.

But I had no food. It's just a bottle of ketchup that was. on the boat, garlic powder, and maggie. So I mix it up with some water. That's right. Just ketchup and seasonings for almost a month. In a video released by the Navy, Francois says he was dragged to the sea because of bad weather

when he was repairing a sailboat on St. Martin Island. I tried to went back to port, but I lose chuck because it takes me a while to mong up the seal and to fix the seal. He says he then attempted to call friends and coworkers but lost service. There was nothing else I could do than sit down and wait. Francois says he had to constantly remove water from the boat to prevent it from sinking and tried a lot of fire to send a distress signal but was unsuccessful. The Colombian Navy says the sailboat was spotted from the air 120 nautical miles northwest

west of O'Gahirah Peninsula, almost a thousand miles away from where he started. With the word help engraved on its hole, officials say a passing container ship joined the rescue efforts and brought him to land. He knows that one of these embarkations acude to the area of the novedat, detect a embarkation type velero with a tripulante aboard, where he received medical care at the port of Cartagena. The nationality Dominica, the which is in good state of health. He'll now be brought back home to Dominica after being handed over to immigration officials.

All right, Morgan Chesky joins us now from Dallas. Morgan, did this man reveal any other details on how he managed to survive? It's a pretty incredible story. Yeah, Tom, absolutely incredible. And a commander who rescued him said that he was very resourceful when he was on that boat. He was actually able to collect rainwater with nearby, clothing on board that ship so that any passing storm gave him a little bit more water to stay alive for that incredible journey. Tom? All right, Morgan Chesky for us tonight. It is an

incredible story. Morgan, thank you. That is some late breaking news. Rock legend David Crosby has died at the age of 81. Crosby's family saying that twice inductee into the Rock and Roll Hall of Fame died after an extended illness, longtime bandmate. Graham Nash said in part, quote, he spoke his mind, his heart and his passion through his beautiful music and leaves an incredible incredible legacy. All right, still ahead tonight. An update on a story we brought you last week. You'll remember this disturbing video. A man seen spraying a homeless woman with a garden hose the charges he's now facing. Plus, the Supreme Court's investigation to the leak of the opinion that struck down Roe v. Wade, what that report found. And the deadly avalanche in Tibet,

the mountains of snow killing at least eight as the Chinese government sends in hundreds of emergency workers how they're trying to find survivors. Stay with us. All right, we're back now with an update on a story we brought you last week about the homelessness crisis in San Francisco. The local business owner who sprayed a homeless woman on the streets with a hose now faces charges for that incident. NBC's Valerie Castro has more on the potential jail time and the response from the mayor. Following days of public outrage and debate, the man seen in this video spraying water at a homeless woman in San Francisco now facing possible jail time for the act charged with misdemeanor battery video of the incident fueled anger across social media treating her like garbage on the street you should be ashamed

to yourself there are people just like you 10 days of the neighborhood trying to do so the district attorney announcing the arrest of call your gwin in a statement calling the alleged battery completely unacceptable and saying that he'll face appropriate consequences when who who owns a gallery on the street where the incident happened, issuing this explanation to NBC Bay Area through an intercom outside of his business in the days that followed. The whole neighborhood is a part of the situation. The police force is a part of the situation. The city and the social services is a part of the situation. There have been repeated attempts to try to help this woman who is psychotic. They will take her to a shelter and they will turn her out in two days. reached out to Gwyn after his arrest but have not heard back. It's inhumane, you know,

whether you're homeless or not. The owner of a neighboring business telling Tom last week that they condemn the behavior, but also that they've tried to help the woman and called on the city to do more about the issue of homelessness. The problem is out of control and the city does need to get to the root cause of the problem. San Francisco's mayor, London Breed, tweeting that the city has made progress despite there still being work to do. She also told the Bay Area's CBS affiliate, the incident reminded her of the civil rights movement. Even at that time, law enforcement and others used water hoses to stop protesters. And it just kind of takes us back, unfortunately, to that time.

And no other human beings should be able to do that to any other human being, period. My hope is that we are able to help someone like this, even when they say they don't want help. Valerie Castro joins us now in studio. So Valerie, what are the penalties of Gwynne is found guilty, and why did it take so long to bring charges? So this is a misdemeanor, but he is facing up to six months in jail and a $2,000 fine. If he is convicted, the district attorney's office says bail was set for $2,500 and Gwyn is already out of custody. As for the timeline, the DA's office says they began considering charges once the police department handed over their investigation and the evidence, but they weren't able to tell me exactly when that was. And we should note that

The woman in the video declined to press any charges. Okay, that's interesting, too. So you also mentioned the woman who spoke to Top Story. She had the business right next door to the gallery. You followed up with her. What does she say about these charges? She wants to reiterate, as she did in that interview last week, that she condemns what her business neighbor was doing.

But she says she doesn't feel as though it warrants any jail time. She believes Mr. Gwyn might have reached a breaking point. She says businesses in the area had spent the previous days trying to get this woman some help to no avail. clearly a very frustrating situation that continues to go on. Okay. Valerie Kastafras, Valerie, thank you for that. We want to turn out to a controversy over an Airbnb host in Dallas, Texas. A guest taking to social media to share his experience saying a host denied his booking request due to sexual orientation. Candice Sweat has the details.

Curtis Kimberland says this coming weekend will be his boyfriend's first visit to North Texas. We're already making a lift of all the restaurants. He's never been to the south. He's from California. all their other adventures. The plan is to spend most of the time out and about, showing him around his hometown of Dallas. We were literally just looking for a place to sleep at night. They decided to book an Airbnb. In a message to the host, Kimberly's boyfriend, Jonathan, described his excitement about exploring Dallas for the first time and explained that he and

Kimberlin were partners and would be staying together. The host responded with this, asking if the two men would be sleeping together. It was still a little bit shocked and taking it back to that. The first response, especially because the message that we sent was so nice. Before they could cancel the request themselves, the host beat them to it. We're great guests, and we would have been great guests had we been able to stay theirs. Kimberlin posted the exchange on social media, and it went viral, with people calling on the company to act. Airbnb released a statement to NBC5 about the incident. Discrimination on the basis of sexual orientation has no place on Airbnb, and we take reports of violations of our not.

non-discrimination policy incredibly seriously. Over a week ago, we suspended this listing and host from the platform as we investigate further, and we have reached out to our impacted guests to offer our support. Among the hundreds of responses on Twitter, Hilton stepped in offering them a stay at one of their locations. Kimmerlin says they took Hilton up on the offer and won't let this experience ruin a good time. I'm going to show him Bucky's. Yeah, I'm really excited to show him around some Dallas areas, and yeah, I get to introduce him to my mom, and yeah, it'll be a nice time. Still, he says it's caused him to reflect and commit to standing firmly on who he is. If you are uncomfortable with people who look different than you or have different identities

than you, if you are uncomfortable with them living in your space, don't have Airbnb, don't go on Airbnb, don't be a host on Airbnb. It's as simple as that. Candice, Sweat from our station in Dallas joins top story tonight. So Candice, Airbnb says this type of behaviors against their policy. What exactly is that policy and how long has it been around for? Right, Tom. In 2016, Airbnb conducted a civil rights audit. And just last month, they did a six-year update on their anti-discrimination policy to make sure that the company is more inclusive and that they actually do cut down on discrimination. And the company also recently stated. that it is against policy for any host to decline a guest based on sexual orientation and gender identity. Tom. So Candace, the host, have they been temporarily banned or permanently banned from hosting their apartment or their home on Airbnb? Right. According to the statement that we received from Airbnb, this host has been suspended from Airbnb at this point. And

there is an investigation pending. All right, Candice, sweat for us from our doubt. Calistation. Candace, we thank you for that. Coming up, the death toll climbing in Peru. Protesters storming an airport trying to take it over. Police using deadly force to crack down what's driving the escalating violence. Next. All right, back now with Top Stories News Feed. We begin with the Supreme Court announcing it is unable to identify the person who leaked a draft of last summer's monumental abortion ruling. The report says the team in charge of the probe interviewed nearly 100 employees and found 82 of them had access to digital or hard copies of the draft opinion but couldn't conclude who's responsible, quote, by a preponderance of evidence. Promising news about the Virginia teacher shot by her six-year-old student health officials announcing Abby Zwerner was released from the hospital nearly two weeks after being shot.

Swarner now continuing her recovery as an outpatient. This has the student's family says in a new statement that the gun used for, the shooting, quote, was secured in the home. Now to a Florida and to a 12-year-old boy's close encounter with a great white shark. Look at this. In the video, you can see it swimming in the water off the coast of Florida near Fort Lauderdale. Campbell Keenan saying he spent 45 minutes trying to get the giant to the surface for a better view before finally unhooking it. Campbell ended up naming it Jan Jan before it was tagged and let go.

All right, in the songwriters' Hall of Fame inducted a new class of musicians. icons like Snoop Dog, Gloria Stefan, Shah Dei, and Teddy Riley, among the inductees. Chairman Nile Rogers saying the 2023 slate represents not just iconic songs, but also diversity and unity across genres, ethnicity, and gender. The ceremony will take place in New York City in June. All right. Time now for Top Stories, Global Watch. And we start with the search for survivors after a deadly avalanche in southern Tibet. Officials say snow and ice collapsed near the exit of a high. highway tunnel, trapping cars outside. At least eight people confirmed dead with China's ministry

of emergency management sending in hundreds of workers to assist in search and rescue. And strikes erupting across France today, protesting President Emmanuel Macron's plan to raise the country's official retirement age from 62 to 64. Look at those protests. Part of the proposed pension reforms to combat a funding deficit, officials estimate more than one million people took to the streets. And the death toll rising in Peru amid those intensifying protests we've been following, new video showing protesters clashing with security forces, setting fire to government buildings in the South demonstrators forcing an airport to temporarily stop operations. At least 45 people have now died during weeks of unrest, sparked by the ouster of

the country's former president, Pedro Castillo, last month. Okay, when we come back, we'll take you inside Saudi Arabia's trillion-dollar PR campaign to win over the West. Why, some critics are the country of sports washing its reputation to distract from allegations of human rights abuses. We'll explain all of it next. We are back now with Saudi Arabia's public relations spending spree, the Arab country trying to bolster its international image, attracting some of sports' biggest stars and making its presence known at the World Economic Forum in Davos. But will all their money and attempts at goodwill change their image, Kier Simmons is there. Tonight, soccer superstar, Christian Ronaldo, scoring his first goal in Saudi Arabia,

earning some of the record $200 million a year the Saudis are paying him. The kingdom offering hundreds of millions more to lure golfers like Phil Mickelson. Saudi Arabia's spending spree is stunning. A year ago, a human rights report accused the country of using. using $1.5 billion on what it called sports washing, and the fire hose of money has kept coming. Saudi desperate to move on, critics say, from the murder of Washington Post commentator Jamal Khashoggi, or even Saudi Arabia's connection to 9-11 during global television coverage of the World Cup in neighboring Qatar. Saudi Arabia ran commercials for its surging Red Sea tourism industry.

Now there are rumors it may itself bid. host the World Cup in 23rd. And it isn't only soccer and golf here in the Swiss Alps where thousands of miles from the Saudi Arabian desert. Or are we? Saudi Arabia's presence at the influential World Economic Forum in Davos is unmissable. This week, the Kingdom bought three separate sites, but then it can afford it. While the world worries about recession, oil producer Saudi Aramcoe saw profits rise by 90% during last year.

That's a pleasure to see you again. We were invited to meet the Minister of Economy, one of many who've flown in. We have nine members, including seven ministers. Seven ministers, right. And the idea is to be impactful. I mean, that's a substantial part of the Saudi government. Yes. He insists Saudi Arabia is in the process of changing completely, with women now working.

It's many young people allowed to go to live music concerts. Is this amount that you want to change the image of Saudi Arabia? It's not about the image. It's about the work. It's about the results. Okay, but you want to change how people perceive Saudi Arabia. Obviously, that's a byproduct. We want it to be fair. That's all. But in fairness, the Saudi record of recent years has been mixed, to say the least.

Crown Prince Mohammed bin Salman, known as MBS, was close to President Trump. He is often condemned not just for the killing of Khashoggi, but also for launching a military operation in poverty-stricken Yemen, or for his closeness to President Putin. The list goes on. Just last year, he fist-bumped with President Biden, then along with Russia, cut oil production against the president's wishes, although oil prices have since come down. And in December, he welcomed China's President Xi. These days, the Chinese buy a lot of Saudi oil. You say with all of these meetings you're having your bridging global divides, but then the accusation is you're just too close to the Russians, for example, to the Chinese. Saudi Arabia maintains strong relations with all its partners. That's it. That's the answer. And America should just know that. What's the message to remember?

We have a very strong relationship with the U.S., as we discussed. The Saudi plan is to move away from reliance on oil. At another exhibition here, plans for a new Saudi city entirely carbon neutral. Saudi Arabia, from my perspective as an analyst, is on Saudi Arabia's side. And that is a site that is very good for the whole world. Here, the Saudi government said it had helped with negotiations to persuade Russia to release Britney Greiner. And with America's nuclear negotiations with Iran stalled, it may need Saudi support. Despite all the ups and downs, this is as recently as a few months ago. When there was a serious Iranian threat, America dispatched fighter jets.

This is a crucial relationship for both countries. Saudi Arabia has been a strategic partner to America through many. turbulent times. Today, both sides accuse each other of being often unreliable. But then in 2023, the whole world is unpredictable. Kier Simmons joins Top Story tonight from Davos. Kier, it's a fascinating report. And it's so interesting how you start this story, right? How they've made this big play into professional sports. But I want to ask you, how much of this do you think has to do with the death of Khashoggi? Well, I think that, I think, has a big impact.

And I'll tell you why, Tom, because clearly Saudi Arabia is changing and the world is changing. American power is in decline, albeit, though, from a position of enormous power after the war, the Second World War, to now huge power. But that decline means that many of America's allies and partners

are having to recalibrate, to rethink about their position in the world. When it comes to something like the killing Khashoggi, clearly that has had an impact on Saudi Arabia, which is an important partner to America. The question, I think, looking ahead, and I think this is a question for Saudi Arabia's de facto leader, Mohammed bin Salman, is what decisions will be made by the Saudis in the future? Will they make mistakes and what impact will that have on Saudi Arabia's relationship

with America? In a lot of these instances that you point out, Saudi Arabia is using a lot of these instances. its vast fortune to sort of buy the good PR. Is it working? Well, it's a good question. Let me tell you this, Tom, and it's an important fact. Two-thirds of Saudi Arabia are under 29. And they know that the world's reliance on fossil fuels on oil and gas is in decline.

So there is an understanding in the Saudi government that you have to make changes. You have to find jobs for those many, many young people in that country. And that is what you are seeing happening. Now, is it changing their reputation around the world? Well, of course, as I mentioned, they have, frankly, made mistakes, and that has damaged their reputation. What that Saudi minister told me in that report is that really the most important thing for them

is that their society has to change, never mind the PR of it, and I think there is some truth to that. Coming up, the rise of AI, artificial intelligence, and one of its latest creations, art. How our Jake Ward got fooled when he bought this piece and tracked down the so-called artists. That's next. Finally, tonight, we have an amazing story to end this broadcast. We're taking a closer look at artificial intelligence and the things it can create from school essays to original looking art.

NBC's Jake Ward has a new report tonight on these creative, powers that are raising a lot of new questions. I bought this for $79, thinking it was the work of a talented artist. But a robot made it. AI software called Mid Journey, created by David Holtz. It's one of several image rendering programs used by millions. We're giving you this machine. It can kind of help you imagine anything you want.

His program learns the rough rules of art by scanning images on the internet. Type in a description of any picture you want. Like, I want a blue dog in the style of art deco. And boom. How do you respond to the idea that this is somehow a counterfeit form of artistic expression? Well, we're not really selling art. We're just, we have this community that's playing with this technology. Is something new, is it not new?

I think we have a lot of social stuff already for dealing with that. Like, I mean, the art community already has issues with plagiarism. I don't really want to be involved in that. Like, I think you, I think you might be. I might be. The way he sees it, Holes and his 18-person team have built a way to augment creativity. I showed my piece to an art expert. And be honest, I won't be offended.

I'm being honest, which is definitely digitally created. She says using tech is fine as long as we're transparent about it. The user should be warned. If you still choose to buy it, that's up to you. Now, I've come to Seattle to talk to the man who made this. Anthony Edwards, trained as an art director, showed me how easy it is. How about, like, Vampire City, Impressionist, watercolor. Couple holding hands.

Whoa. He says he doesn't sell pieces anymore. Right now, he's using Mid Journey to visualize hip-hop performers who died young as they would look if they'd live to old age. The godlike power to commission any artist in history. Yeah, that's the fun part. Then I showed him what I'd brought. So was this. Yeah. Is this art? Do we consider this art?

Yeah. Yeah. And are you the artist? Yeah. But he did not paint it. He typed words into an app. What responsibility do you think you have to say to someone like me, hey, you know what? This was kicked out by a piece of AI. On the one hand, I feel like I do owe some. On the other hand, I kind of feel like if you like it, you like it. David Holtz admits he's not totally sure what he's even created. You're going to watch it develop over time. There are some things we know and there are some things we don't know. The challenging thing, the interesting thing is how do we use it to make people better?

We thank Jacob for that story. And before I go, I want to ask the best artists I know, the Top Story crew members here in the studio, if that is art. So, guys, what do you think? Yeah. Yeah? Yeah. Art-ish. All right.

Thanks so much for watching Top Story tonight. I'm Tom Yamis in York. Stay right there. More news on the way.